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What Is a Personal Injury Claim? A personal injury claim involves a person suffering physical or emotional harm due to the negligence of another. The victim could be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses could include travel to appointments, home modifications, or care costs for permanent impairments. Some victims may also be entitled to specific damages for mental suffering. Damages Personal injury claims seek to recover compensation for the losses that an injured party is suffering due to negligence of an individual or another. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and type of injuries suffered. Compensation can cover expenses like medical treatment and loss of earnings, and could also include 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 personal injury cases can be classified into two categories: general and special damages. Special damages refer to incurred expenses and financial losses, and are typically quantifiable. Keep accurate documents and receipts for any losses or expenses can help to maximize the amount of money reimbursed by special damages. Future damages are harder to quantify since they depend on the severity of the injuries sustained by a victim and the long-term effects they are expected to have. Our attorneys will work with medical experts in order to determine the estimated cost for ongoing treatment, travel costs to and from appointments and any modifications or equipment that are required due to permanent disabilities. General damages are more subjective and include the cost of pain and discomfort resulting from an accident. This includes compensation for past discomfort and pain, as well as future suffering and pain that is reasonably foreseeable based on the severity of the injury. This is why it's crucial to have a seasoned attorney on your side, as they will know how to evaluate your claim for suffering and pain, and will provide accurate estimates based on the specifics of your case. Other forms of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their ability to be capable of enjoying the activities they used to enjoy. Loss of emotional distress or companionship is more difficult to quantify. However, our lawyers have years of experience in helping victims obtain the right amount of compensation for these damages. Medical bills Medical expenses can constitute a large part of a personal injury settlement, especially when the victim has suffered serious injuries. Unless the injury victim had an existing insurance policy that was covered through an insurance policy for cars or health insurance, they will be responsible for paying back the amount of the medical costs from their personal injury settlement. Medical-related injuries include hospital visits, surgeries, and physical therapy. They also cover medications and home care. Additionally the victim of an accident can also claim reimbursement for future medical expenses that are anticipated to result from their injuries. These could include future surgeries, rehabilitation procedures, or the need for long-term medication. It is vital that victims of accidents keep up with their treatment and be in constant contact with their physicians. This will allow them to establish that the pain and suffering they are experiencing has a worth. Also, keeping current with treatments can help a victim of an accident get better sooner, which is important in proving the merits of their claim for pain and suffering. In some cases, medical bills can be so high that they exceed the settlement amount of a plaintiff. A lien reduction lawyer will help negotiate the outstanding medical bills so that the accident victim will receive more money. Non-economic losses can be as important as the amount of medical bills for a person who has been injured. These damages can be emotional distress and loss of enjoyment of life. These damages are difficult to quantify but can still be compensated. If you're pursuing a claim based on personal injury, it's crucial to work closely with an injury lawyer to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury lawsuit covers damages related to the physical pain and mental distress. Other damages, such as the loss of enjoyment of living, may be covered. Pain and suffering are one of the more subjective types of damages that can be difficult to quantify and prove. It is still an important part of a personal injuries claim. In most personal injury claims the plaintiff is able to recover both non-economic and economic compensatory damage. The first are tangible losses such as medical expenses and lost wages. The latter includes things such as suffering and suffering as well as loss of consortium inconvenience, out of pocket expenses and other losses that aren't directly financial. Non-economic damages are also referred as “pain and suffering” and cannot be proved with receipts. They don't have a dollar amount attached. Therefore, it's up to the jury to determine what is a fair amount. A judge is usually reluctant to modify the verdict of a jury for suffering and pain. There are many methods a judge or jury could use to calculate the value of a victim's pain and suffering. One of them is the multiplier method, which involves multiplying actual damages by a figure which is determined by the severity of the injury. The per dia method assigns a certain dollar amount to each day of recovery until they reach their maximum medical recovery. It is essential to provide as much documentation as possible regardless of whether you employ the multiplier method or the per diem method. This includes medical records, photographs witnesses' testimony, other relevant documents. In addition, you should keep a journal detailing your injuries and how they affected your life. This will help you remember the details of your case if you are required to testify at depositions or in court. If you are unable to reach an agreement with the insurance company, it could be necessary to go to trial to resolve your case. You can hire an attorney in New York to handle your case. A seasoned lawyer will take care of your claim and increase the compensation you receive for your pain and suffering. Lost wages Loss of wages can make up a large part of the compensation injured victims receive from their personal injury claims. These are the wages they would have received in the event that they weren't forced to miss work because of their injuries. The majority of these losses are temporary and recoverable. In certain instances however, they may be irreparable and last forever. Most people can calculate their lost wages by multiplying their pay rate by the number weeks or days that they were off work. Let's say you earn $25 an hour ($1,000 per week) and were injured in a traffic collision. You missed four weeks of work. In this scenario you'd lose $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 compensation including future loss of earnings and advancement potential. In these situations you can demonstrate your lost earning capacity by showing evidence of the kind of jobs you might have accepted in the past and what type of wages those jobs would have paid. You may also be required to submit other documentation to prove that you lost wages. This might include a verification letter for wages from your employer tax records profits and loss statements, invoices or receipts as well as business bank accounts or financial-related correspondence. When calculating your lost wages, bonuses and commissions can also be taken into account. In Lakewood injury lawyer of the other driver could compensate you for your lost wages under a no-fault claim. If this is the scenario, you do not be required to make a personal injury claim in addition to your no fault claim. Get in touch with a seasoned personal injury attorney if you have been injured by an accident in the car or another injury in New York. This will allow you to avoid the stress of the legal system and ensure you are compensated for medical bills loss of income, suffering and other expenses.