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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical harm due to 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 expenses for care for permanent disabilities or impairments. Some victims could also seek special damages for mental suffering. Damages Personal injury claims seek compensation for damages that the victim has suffered due to the negligence of another individual or. Victims may be compensated for both economic and other losses. The amount of compensation is contingent on the severity of an accident and the nature of injuries sustained. Compensation may include expenses like medical costs and loss of earnings, and can also cover damages for physical impairment, and emotional distress. Punitive damages that are awarded in instances of extreme recklessness, can also be claimed. The types of compensation that can be claimed in personal injury cases are classified into two categories: general and special damages. Special damages are the result of incurred costs and financial losses, and are usually quantifiable. Keep meticulous records of any costs or losses to increase the amount that can be repaid through special damages. Future damages aren't always easy to estimate due to the fact that they are contingent on the severity of the injury as well as the expected long-term effects. Our attorneys can collaborate with medical experts to establish the estimated cost of ongoing treatment, the additional expenses for travel to and from appointments, and any modification or equipment requirements that result from permanent disabilities. General damages are more subjective and include the cost of discomfort and pain that result from an accident. This includes compensation for pain and discomfort in the past, as well as future pain and suffering based on severity of injury. This is the reason it's essential to have a skilled attorney on your side, as they'll be able to assess your claim for suffering and pain, and will provide accurate estimates based upon the specifics of your case. Other damages that are general in nature include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a victim for the negative impact an injury has 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 establish the proper compensation for these types damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries particularly when the victim has suffered serious injuries. If the victim of an injury is not covered by prior coverage that is covered by their car insurance or health insurance policy, they will be responsible for the medical costs that were included in the personal injury settlement. Medical-related damages can include hospital visits, surgeries, and physical therapy. They also cover home care and medication. Additionally the victim of an accident can also claim future medical expenses that are anticipated to result from their injuries. This could include future surgeries, rehabilitation treatments or the requirement for long-term medication. It is crucial that accident victims remain current with their treatment and fully communicate with their medical professionals. This will help establish that the suffering and pain they are experiencing has a worth. Also, keeping current with treatment options will help the victim to recover quicker and is crucial in proving the value of their claim for pain and suffering. In some instances, medical bills can be so expensive that they exceed the settlement amount of a plaintiff. If this is the situation, a lien reduction attorney can assist in negotiating the outstanding medical debts so that more money can be deposited into the accident victim's pocket. Non-economic damage claims are just as important as monetary amount of a person's medical bills. They can include emotional distress, loss of enjoyment of life and loss of consortium. These damages are hard to quantify, but they could be compensated. It is important to work with an experienced injury lawyer when you are pursuing a personal injury claim to ensure that all of your losses are taken into consideration. Pain and suffering A personal injury claim covers the damages resulting from a victim's physical pain and mental distress. Other damages, like the loss of enjoyment of living, may be covered. Pain and suffering is among the most subjective forms of damages that 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 can be tied to tangible losses, such as medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium and inconvenience, out-of-pocket expenses and other non-monetary losses. Non-economic damages are also referred to as “pain & suffering” and are not able to be proven with receipts. They do not include a dollar amount. Thus, it is left to the jury decide what they believe is a fair amount. Judges are often reluctant to change a jury's pain and suffering award. A judge or jury can utilize a variety of methods to calculate the amount of suffering and pain. One of them is the multiplier technique, which involves multiplying the actual damages by a figure which is determined by the extent of the injuries suffered by the victim. The per dia method assigns a certain dollar amount for each day of recovery until they reach the maximum medical recovery. If you're using the multiplier or per-diem method, it is essential to provide as much documentation and support for your claim as you are able to. Included in this are medical documents, photographs and witness testimony. Additionally, you should keep a diary detailing your injuries and how they impacted your life. This will help you remember the details of your case if you have to testify in depositions or in court. If you're unable to reach an agreement with the insurance company, it might be necessary to go to trial to resolve your case. Fresno injury lawyers can hire an attorney in New York to handle your case. A seasoned lawyer will handle your claim and maximize the amount you get for your suffering and pain. Lost wages The amount of compensation that victims receive in their personal injury claims 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. These losses are often temporary and can be recouped. In certain instances however, they could be permanent and irreparable. For the majority of people, the most straightforward way to calculate lost wages is to look at their pay rate and then multiply it by the amount of days or weeks they were absent from work. Let's suppose that you earn $25 an hour ($1,000 per week) and you're injured in a traffic collision. You missed four weeks of work. In this case the loss of earnings would be $4,000. The complexity of personal injury cases can increase, based on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you may be entitled to damages which include your future loss of earnings and advancement potential. In these situations the evidence to prove your loss of earning potential is as easy as presenting evidence that you were able to take jobs in the past with a salary you could have earned. You might also have to submit other documentation to prove that you lost wages. This could include a verification letter for wages from your employer, tax records profits and loss statements, receipts or invoices as well as business bank accounts or any correspondence related to finance. Bonuses and commissions may be taken into consideration when calculating your lost wages. In certain instances the insurance of the other driver's company may be able to cover your lost wages as part of your no-fault claim or settlement agreement. If this is the case it's not necessary to file an additional personal injury lawsuit in addition to your no-fault lawsuit. Contact a seasoned personal injury attorney if you were injured in a car accident or other injury in New York. This can help you avoid navigating the stress of the legal process on your own and ensure that you get compensation for your medical bills, lost wages, pain and suffering, and other losses.