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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered emotional or physical harm as a result of someone else's negligence. The victim may be awarded compensation for a variety of damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel to appointments, home modifications, or expenses for care for permanent impairments. Certain victims could also be entitled to special damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that an injured party is suffering due to negligence of another individual or. A victim may be able to recover damages for both economic and non-economic losses. The amount of reimbursement depends on the severity of the accident and the nature of injuries suffered. Compensation may include expenses like medical costs and loss of earnings, and can also cover damages for pain and suffering, physical impairment, as well as emotional distress. Punitive damages are possible in the case of extreme negligence. The kinds of compensation available in a personal injury case are classified into two categories: general and special damages. Expenses and financial losses incurred are referred to as special damages and are typically quantifiable in real dollar amounts. Keep accurate records and receipts of any losses or expenses can help maximize the amount of money refunded through special damages. Future damages can be difficult to calculate, as they are dependent on the severity of the injury and the expected long-term effects. Our attorneys will work with medical experts in order to determine the estimated costs for ongoing treatment, travel costs to and from appointments and any equipment or modifications that are needed due to permanent disabilities. General damages are typically more subjective, and include compensation for a victim's pain and suffering due to an accident. This includes the compensation for pain and discomfort that has occurred in the past as well as for future pain and suffering that is reasonably foreseeable in light of the severity of an injury. This is the reason it's essential to have a seasoned lawyer representing you, since they will know how to assess your claim for pain and suffering and provide accurate estimates based on the specifics of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact that an injury has on them being able to enjoy activities they used to enjoy. You Tube of emotional distress or companionship is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims get the right amount of compensation for these damages. Medical bills Medical expenses can be a significant portion of the personal injury claim, particularly when an accident results in serious injuries. If the victim of the accident did not have preexisting coverage that was paid by either an insurance policy for cars or health insurance, they are responsible for paying back the amount of medical costs from their personal injury settlement. Medical-related damages can include hospital visits, surgeries and physical therapy. They also include medical treatment at home and. Accident victims can also claim future medical expenses expected to result from their injuries. These could include future surgeries, rehabilitation procedures or the necessity for long-term medication. It is essential that accident victims remain current in their treatment and communicate with their physicians. This will help them prove that their suffering is financially worth. Staying current with treatments will help an accident victim recover quicker, which is important when proving their case of their pain and suffering claim. In some instances medical bills may be so large that they surpass the settlement amount of a plaintiff. A lien reduction lawyer will assist in negotiating the outstanding medical bills so that the victim receives more money. Non-economic damages can be equally important as the financial value of an injured person's medical expenses. They could include emotional distress, loss of enjoyment of life and loss of consortium. These types of damages are more difficult to quantify, yet they can still be compensated for. If you're pursuing a claim based on personal injury, it is important to work closely with an attorney for injury to ensure that all of your losses are considered. Pain and suffering A personal injury claim covers the damages resulting from the physical pain of a victim and mental anguish. Other damages, like the loss of enjoyment of living, are also covered. Pain and suffering is one of the types of damages that are subjective that can be difficult to quantify and prove. It's still an important component of a personal injury claim. In the majority of personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The former are those that can be linked to tangible losses, like medical expenses and lost wages. The latter category includes the loss of suffering and pain, in consortium, inconvenience, out-of-pocket costs and other non-monetary losses. Non-economic damages are also referred as “pain and suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. It is the jury to decide what they think a fair award should be. A judge will often be unwilling to alter a jury's award for pain and suffering. A jury or judge can utilize a variety of methods to calculate the amount for pain and suffering. The multiplier method involves multiplying the actual damages by a particular number based on the seriousness of the injuries. The per diem method assigns a dollar amount for each day of recovery until they reach the maximum medical recovery. It is important to provide as much documentation as is possible regardless of whether you are using the multiplier method or the per diem method. This includes medical records, photographs as well as witness testimony and other relevant documents. You should also keep an account of your injuries as well as the impact they have had on your life. This will help you remember the specifics of your case should you have to testify in depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary to go to trial in order to resolve your case. You can employ an attorney in New York to handle your case. An experienced lawyer will manage your claim and maximize the compensation you receive for your suffering and pain. Loss of wages The compensation that injured victims receive in their personal injury claim may include a significant amount of lost wages. This is the amount they would have received if they not had to miss their job because of their injuries. These losses are usually temporary and reversible. In certain cases, they may be irreparable or permanent. For most people, the most straightforward method to calculate lost earnings is to take their pay rate and then multiply it by the number of weeks or days they missed from work. Let's say that you normally earn $25 per hour ($1,000 per week) and you were injured in a traffic collision. You missed four weeks of work. In this scenario the loss of earnings would be $4,000. The complexity of personal injury claims may increase, based on the severity and nature of your injury. For instance, if permanently disabled as a result of the accident and unable to return to work you may be able to claim damages that could include your future loss of income and the possibility of promotion. In these instances you can demonstrate your loss of earning capacity by showing evidence of the kind of jobs you may have accepted in the past, and what kind of wages those jobs would have earned. You may also have to provide additional documents to prove you lost wages. You might need to provide an official letter from your employer verifying your lost wages, as well as tax records, profit-and-loss statements invoices, receipts, bank statements for business, or other 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 could pay for your lost wages as part of your no fault claim or settlement agreement. If this is the case it's not necessary to file a separate personal injury lawsuit in addition to your no-fault lawsuit. Contact a seasoned personal injury lawyer if you have been injured by an accident in the car or another injuries in New York. This can aid you in navigating the stress of the legal process on your own and ensure that you get compensation for medical bills as well as lost wages, suffering and other losses.