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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional injury due to the negligence of another. The victim may be entitled to compensation for medical expenses, pain, suffering, and lost wages. Other expenses might include travel costs to appointments and home modifications as well as care costs for permanent impairments or disabilities. Some victims may also be entitled to special damages for mental suffering. Damages A personal injury claim seeks to recover for damages suffered by an injured person due to the negligence of an individual. Victims are entitled to compensation for economic and other damages. The amount of compensation awarded will depend on the severity of the accident and the nature of injuries sustained. Compensation may cover medical expenses as well as lost earnings, emotional distress, and suffering and pain. Punitive damages can be claimed in the case of extreme negligence. In a personal injury case the compensation is split into two categories namely general damages and special damages. Special damages are incurred expenses and financial losses, and are generally quantifiable. Keeping detailed records and receipts for any losses or expenses can help to maximize the amount of money reimbursed through special damages. Future damages are more difficult to quantify because they depend on the extent of the injuries sustained by a victim and the long-term effects they are expected to have. Our lawyers will collaborate with medical professionals to determine the estimated costs for ongoing treatment, travel expenses to and from appointments, and any equipment or modifications that may be required due to permanent disabilities. General damages are often more subjective, and include compensation for a victim's pain and suffering due to an accident. This includes the cost of discomfort and pain in the past, as well as future pain and suffering based on severity of injury. This is why it's important to have a skilled attorney on your side, as they'll know how to value your claim for suffering and pain and provide accurate estimates based upon the specifics of your case. Other damages that are general in nature include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative impact an injury has on their ability to engage in activities that they used to enjoy. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have a wealth of experience helping victims to determine the appropriate compensation for these kinds of damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries particularly when the victim has sustained serious injuries. If the injured party did not have an existing insurance policy that was covered by either a car insurance policy or health insurance policy, they are responsible for paying back the amount of medical expenses incurred from their personal injury settlement. Medical-related damages can include hospital visits, surgeries, and physical therapy. They also include home care and medication. Victims of accidents can also claim future medical expenses that are likely to arise from their injuries. This could include future surgeries, rehabilitation treatments, or the need for long-term medication. It is crucial that victims of accidents keep up with their treatment, and be in constant contact with their physicians. This will prove that the suffering and pain they experience has worth. Being current with treatment options will aid the recovery of an accident victim faster, which is crucial when proving the value of their pain and suffering claim. In certain instances medical bills may be so expensive that they exceed the total settlement of the plaintiff. A lien reduction attorney will help negotiate the outstanding medical bills so that the accident victim will receive more money. Non-economic losses can be as important as medical bills for an injured person. These damages can include emotional stress and a loss of enjoyment of life. These types of damages are more difficult to quantify, but they can still be compensated. It is crucial to consult with an experienced injury lawyer when you pursue a personal injury claim to ensure that all your losses are taken into consideration. Pain and suffering Personal injury claims provide compensation for physical pain and mental suffering. It could also include other damages, such as loss of enjoyment of life. The pain and suffering category is one of the more subjective types of damages that are difficult to quantify and prove. It's a crucial element of a personal injury claim. In most personal injury lawsuits the plaintiff can seek both economic and noneconomic compensatory damages. The first are tangible losses such as medical costs and lost wages. The latter category includes suffering and suffering, loss in consortium and inconvenience, out of pocket expenses and other losses that are not monetary. Non-economic damages are also known as “pain & suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. YouTube is the jury to decide what they think an appropriate amount should be. Judges are often not willing to alter a jury's pain and suffering award. A judge or jury may employ a variety of methods to determine the value for pain and suffering. One option is the multiplier technique, which involves multiplying actual damages by a number which is determined by the severity of the injury. The per dia method assigns a certain dollar amount for each day of recovery until they reach maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you employ the multiplier method or the per diem method. This includes medical records, photographs witnesses' testimony, other relevant documents. You should also keep an account of your injuries and the effect they've affected your life. This will help you remember the details of your case if you have to testify in depositions and hearings. If you are unable to reach an agreement with the insurance company, it might be necessary to go to trial to solve your case. You can hire an attorney in New York to handle your case. An experienced lawyer will help you maximize your compensation for the pain and suffering. Lost wages The amount of compensation that victims receive in their personal injury claim can include a significant amount of lost wages. These are the wages they would have received in the event that they weren't forced to work a lot because of their injuries. The majority of these losses are temporary and can be recouped. In certain instances however, they may be irreparable and permanent. For the majority of people, the simplest method to calculate lost wages is to look at their pay rate and then multiply it by the number of weeks or days they were absent from work. Let's say you earn $25 per hour ($1,000 per weekly) and were injured in a traffic collision. You missed four weeks of work. In this case the loss of earnings would be $4,000. Personal injury cases can become more complicated depending on the severity and nature of the injury. For instance, if you were permanently disabled in the accident and unable to return to your previous job, you might be able to claim damages that could include the loss of future income and the potential for advancement. In these cases you can demonstrate your lost earning capacity by presenting evidence of the types of jobs you may have taken on in the past and what type of pay these jobs could have paid. You might also have to submit other documentation in order to prove your lost wages. You may need to submit an employer's letter that confirms your lost wages, as well as tax records, profit-and-loss statements invoices, receipts and invoices bank statements for business, or any correspondence related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some instances the insurance of the other driver's company may be able to cover your lost wages as a part of your no-fault claim or settlement agreement. If this is the situation, you shouldn't have to bring a personal injury lawsuit in addition to your no-fault claim. If you have been injured in a car crash in New York, or any other kind of injury, you should consult an experienced personal injury lawyer. This can assist you in navigating the stress of the legal procedure on your own. You can also ensure that you get compensation for medical bills and lost wages, as well as suffering and other expenses.