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What Is a Personal Injury Claim? A personal injury claim is someone who has suffered emotional or physical harm due to someone else's negligence. The victim can receive compensation for a variety of damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel expenses to appointments, home modifications, and expenses for care for permanent disabilities or impairments. Some victims could also seek special damages for mental distress. Damages A personal injury claim seeks compensation for damages suffered by an injured person due to the negligence of a third party. Victims are entitled to compensation for economic and other losses. The amount of compensation is contingent on the severity of the accident and the types of injuries sustained. Compensation can cover expenses like medical costs and loss of earnings and may also cover damages for suffering and pain, physical impairment, and emotional distress. Punitive damages that are awarded in the case of extreme recklessness, can also be claimed. 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 are usually quantifiable in actual dollar amounts. Keep complete records of all costs or losses to increase the amount of money that is repaid by special damages. Future damages can be difficult to calculate due to the fact that they are contingent on the severity of the injury as well as its expected long-term effects. Our attorneys can work with medical experts to determine the estimated cost of ongoing treatment, the additional costs for transportation to and from appointments, and any other modifications or equipment requirements that result from permanent disabilities. General damages are more subjective and include compensation for the victim's pain and discomfort resulting from an accident. This includes compensation for pain and discomfort in the past, as well future pain and suffering dependent on the severity of the injury. It is crucial to have an experienced attorney representing you, as they can accurately estimate the amount of your claim for pain and suffering based on your case facts. Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a victim for the negative effect that an injury has on their ability to participate 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 assisting victims in establishing the proper compensation for these kinds of damages. Medical bills Medical bills can comprise an important portion of a settlement for personal injuries, especially when the victim has suffered serious injuries. If the person who suffered an injury does not have an existing insurance policy that covers them, such as car insurance or health insurance policy, they will be responsible for the medical expenses which were part of the settlement for personal injury. The types of medical-related damages that can be claimed in a personal injury claim include any medical expenses incurred by the accident victim, including hospital visits, surgery, physical therapy, home care and medications. Victims of accidents can also claim future medical expenses likely to result from their injuries. This could include future surgeries, rehabilitation procedures or the necessity for long-term medication. It is crucial that accident victims remain current in their treatment and communicate with their doctors. This will help show that the suffering and pain they are suffering from has a financial value. Additionally, keeping up-to-date in treatments will help the victim get better sooner which is essential in proving the merits of their pain and suffering claim. In some cases, the medical bills could be so substantial that they surpass the settlement amount of a plaintiff's overall. If this is the situation, a lien reduction attorney can help negotiate the outstanding medical debt so that more money can be deposited into the pockets of the victim. Non-economic damages are as significant as the amount of medical bills for an injured person. They can be a result of emotional distress as well as loss of enjoyment of life, and loss of consortium. These types of damages are difficult to quantify, but they can still be compensated. If you're pursuing a claim based on personal injury, it's important to work closely with an injury lawyer to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury claim covers damages related to the physical pain and mental stress. Other damages, like the loss of enjoyment of living, are also covered. The concept of pain and suffering is among the most subjective forms of damages and can be difficult to quantify and prove. It's still an important element of a personal injury claim. In most personal injury claims the plaintiff is able to recover both non-economic and economic compensation damage. The former can be linked to tangible losses, such as medical expenses and lost wages. The latter include things like pain and suffering, loss of consortium, inconvenience, out-of-pocket expenses, and other losses that aren't directly monetary. Damages for physical pain and mental anguish are referred to as non-economic damage and are also referred to as “pain and suffering.” Springfield injury lawsuit youtube.com established by receipts and don't have a specific dollar amount associated with them. It is the jury to decide what they think a fair award should be. A judge is usually unwilling to alter the pain and suffering award. There are several methods that jurors or judges can use to calculate the value of the victim's suffering and pain. The multiplier method is based on multiplying the actual damages by a specific number based on the severity of the injuries. The per dia method assigns a certain dollar amount for each day that the victim is recovering until they reach their maximum medical recovery. It is important to provide as much documentation as you can regardless of whether you employ the multiplier method or the per diem method. Included in this are medical documents, photographs and witness testimony. It is also recommended to keep a journal that details your injuries and the effect they've had on your life. This will help you remember the details of your case in the event that you need to give evidence in depositions or hearings. If you're unable to reach an agreement with your insurance company, you could have to go to court to settle your case. You can employ an experienced New York attorney to handle your case for you. A seasoned lawyer can help you maximize your compensation for the pain and suffering. Loss of wages Lost wages are a large part of the compensation injured victims receive from their personal injury claims. This is the amount they would have received if they not had to work a second shift because of their injuries. Most of the time, these losses are temporary and recoverable. In certain instances, they could be permanent or irreparable. Most people calculate their lost wages by multiplying their wage by the number weeks or days that they were away from work. For example, let's say you normally make $25 an hour ($1,000 per week) and you were injured in a car accident that kept you out of work for four weeks. In this scenario the loss of earnings would be $4,000. The complexities of personal injury claims can rise, based on the severity and nature of your injury. For instance, if you are permanently disabled by the accident and are unable to return to work You may be eligible for damages that include your future loss of income and the possibility of promotion. In these instances you can demonstrate your loss of earning capacity by presenting evidence of the types of jobs you might have taken on in the past, and what kind of pay these jobs could have earned. You may also be required to provide additional documentation to prove your lost wages. You may be required to submit a letter from your employer 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 regarding finance. When calculating your lost wage bonuses and commissions may also be taken into account. In some instances, the insurance company of the other driver might pay your lost wages as a no-fault lawsuit. If this is the case, you shouldn't have to file a personal injury lawsuit on top of your no-fault claim. If you've been injured in a car crash in New York, or any other kind of injury, you should seek out a seasoned personal injury lawyer. This will allow you to avoid the pressure of the legal system and ensure that you receive compensation for medical expenses, lost income, pain and suffering, and other expenses.