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What Is a Personal Injury Claim? A personal injury claim is someone who has suffered emotional or physical harm as a result of the negligence of another. The victim may be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other expenses could include travel costs to appointments and home modifications as well as the cost of care for permanent impairments or disabilities. Some victims may also be entitled to special damages for mental distress. Damages Personal injury claims seek to recover compensation for damages that the victim has suffered due to the negligence of an individual or another. Victims may be compensated for both economic and non-economic damages. The amount of compensation awarded will depend on the severity of an accident and the types of injuries sustained. Compensation can cover expenses like medical costs and loss of earnings, and may also cover the cost of suffering and pain, physical impairment, and emotional distress. Punitive damages can be claimed in cases of extreme negligence. In a personal injury claim the compensation is split into two categories – general damages and special damages. Financial losses and expenses are referred to as special damages, and they are usually quantifiable in dollars. Keep complete records of all costs or losses to increase the amount of money that is repaid by special damages. Future damages are harder to quantify, as they are based on the severity of the injuries sustained by a victim and their expected long-term impact. Our attorneys can collaborate with medical experts to establish the estimated cost of ongoing treatment, the additional costs for transport to and from appointments, and any other modifications or equipment requirements that result from permanent disabilities. General damages are typically more subjective and may include compensation for the victim's suffering and pain due to an accident. This includes the compensation for pain and discomfort that has occurred in the past, as well as future suffering and pain that is reasonably anticipated in light of the severity of the injury. It is essential to choose an experienced lawyer represent you as they will be able to accurately estimate the amount of your claim for pain and suffering in light of the facts of your particular case. Other general damages include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative effect an injury can have on their ability to participate in activities they previously enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have years of experience in helping victims obtain the appropriate compensation for these kinds of damages. Medical bills Medical expenses can constitute the majority of a personal injury settlement particularly when the victim has sustained serious injuries. Unless the injury victim had an existing insurance policy that was covered through a car insurance policy or health insurance policy, they will be responsible for paying back the amount of the medical expenses incurred from their personal injury settlement. Medical-related damages include hospital visits, surgeries and physical therapy. They also include medications and home care. In addition the victim of an accident can also claim future anticipated medical expenses resulting from their injuries. This could include future surgeries, rehabilitation procedures or the necessity for long-term medication. It is important that victims of accidents stay up-to-date with their treatment and fully communicate with their physicians. This will establish that the suffering and pain they experience has worth. Keeping current with treatments can aid the recovery of an accident victim faster, which is important when proving their case for their pain and suffering claim. In certain instances, medical bills can be so large that they exceed the total settlement of a plaintiff. If this is the case an attorney who specializes in lien reduction can assist in negotiating the medical debt to ensure that more money can be deposited into the pocket of the victim of the accident. Non-economic damages are just as important as medical bills for a person who has been injured. These damages can be emotional distress and loss of enjoyment of living. These damages are hard to quantify, but they could be compensated. When pursuing a claim for personal injury, it's essential to work closely an injury lawyer to ensure all of your losses are considered. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. It may also cover other damages like loss of enjoyment of life. Pain and suffering are one of the more subjective types of damages which can be difficult to quantify and prove. It is still an important component of a personal injury claim. In most personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The former are those that are based on tangible losses, such as medical expenses and lost wages. The latter include pain and suffering, loss in consortium and inconvenience, out of pocket expenses, and other non-monetary losses. Damages for physical pain and mental anguish are referred to as non-economic damages and are often referred to as “pain and suffering.” They are not proven with receipts and do not have a set dollar amount associated with them. It is up to the jury to decide what a fair award should be. A judge is often reluctant to change the jury's pain and suffering award. A judge or jury may employ a variety of methods to determine the amount for pain and suffering. One option is the multiplier method which involves multiplying the actual damages by a number that is based on the severity of the injury. Another method is the per diem method, which assigns a daily value for each day until the patient reaches the maximum medical recovery. It is important to provide as much documentation as possible, whether you use the multiplier method or the per diem method. This includes medical records, photos as well as witness testimony and other relevant documents. Additionally, you should keep a record detailing your injuries and how they affected your life. This can help you recall the details of your case in the event that you need to testify in depositions and hearings. If you're unable to reach an agreement with the insurance company, it may be necessary to go to trial to resolve your case. You can employ an experienced New York attorney to handle your case on your behalf. A seasoned lawyer can help you maximize your compensation for suffering and pain. Lost wages The compensation that injured victims receive in their personal injury claims can include a large amount of lost wages. This is the wage they would have received had they not had to take time off work because of their injuries. Often, these losses are temporary and reversible. In some cases however, they may be irreparable and permanent. Most people can determine their lost earnings by multiplying their pay rate by the number of weeks or days they were out of work. Let's take an example: you typically earn $25 an hour ($1,000 per week) but you were injured in a car crash that prevented you from going to work for four weeks. In this instance, your lost earnings would be $4,000. The complexities of personal injury claims can rise, based on the nature and severity of your injury. For instance, if permanently disabled by the accident and cannot return to your previous job You may be entitled to damages that include your future loss of income and potential for promotion. In these instances you can prove your lost earning capacity by presenting evidence of the types of jobs you may have taken on in the past and what type of wages those jobs would have paid. You may also be required to provide other documents to prove that you have lost wages. You may be required to provide an employer's letter that confirms your lost wages, as well as tax records, profit-and-loss statements invoices, receipts, bank statements for business, or other correspondence regarding finance. When calculating your lost wage, bonuses and commissions can be included in the calculation. In some instances it is possible that the insurance company may be able to cover your lost wages as a part of your no fault claim or settlement agreement. If this is the case, you should not need to file a personal injury lawsuit in addition to your no fault claim. Contact a seasoned personal injury attorney if you have been injured by an accident in the car or another injuries in New York. clicking here will aid you in navigating the stress of the legal procedure on your own. You can also ensure that you receive compensation for medical bills and lost wages, as well as suffering and other losses.