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What Is a Personal Injury Claim? A personal injury lawsuit involves the victim suffering physical or emotional injury as a result of another's negligence. The victim may be awarded compensation for a variety of damages, including medical bills, pain and suffering, and lost wages. You Tube might include travel costs for appointments or home modifications, as well as expenses for care for permanent impairments or disabilities. Some victims may also be able to claim special damages for mental pain. Damages Personal injury claims seek to recover compensation for the losses that an injured party is suffering due to negligence or other individual. Victims are entitled to compensation for both economic and other losses. The amount of compensation awarded will depend on the severity and nature of injuries suffered. Compensation may be used to cover medical expenses loss of earnings, emotional distress, and pain and suffering. Punitive damages that are awarded in instances of recklessness beyond the limits, may also be claimed. In a personal injury case, compensation is divided into two categories: general damages and special damages. Financial losses and expenses are referred to as special damages, and are usually quantifiable in dollar amounts. Keeping meticulous documents and receipts for any losses or expenses can help maximize the amount of money that is reimbursed by special damages. Future damages aren't always easy to estimate, as they are dependent on the severity of an injury and its expected long-term effects. Our attorneys can work with medical experts to determine the estimated costs of ongoing treatment, additional costs for transportation to and from appointments and any modifications or equipment requirements that result from permanent disabilities. General damages are usually more subjective and may include compensation for a victim's pain and suffering related to an accident. This includes the compensation for pain and discomfort that has occurred in the past, as well as future pain and suffering that is reasonably anticipated in light of the severity of an injury. This is the reason it's essential 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 upon the specifics of your case. Other forms of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their ability to be in a position to enjoy the activities they used to love. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have years of experience in helping victims establish the right amount of compensation for these kinds of damages. Medical bills Medical bills can make up an important portion of a personal injury settlement particularly when the victim has suffered 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 accountable for the amount of the medical expenses from their personal injury settlement. The kind of medical-related injuries that can be claimed in a personal injury case include any medical expenses incurred by the accident victim such as hospital visits, surgeries and physical therapy, home health care, and medication. In addition, an accident victim can also claim reimbursement for future medical expenses that are anticipated to result from their injuries. These expenses could include surgeries, rehabilitation treatments or the requirement for long-term medication. It is crucial that accident victims stay up-to-date with their treatment, and be in constant contact with their physicians. This will prove that the suffering and pain they are experiencing has a monetary value. Additionally, keeping up-to-date with treatments can help an accident victim to recover quicker and is crucial in proving the value of their claim for pain and suffering. In certain cases, medical bills can be so substantial that they will overtake the total settlement of a plaintiff. A lien reduction attorney will help negotiate the outstanding medical charges so that the victim receives more money. Non-economic damage claims are just as important as the amount in dollars of an injured person's medical expenses. These damages can be emotional distress and loss of enjoyment of living. These damages are hard to quantify, but they can be compensated. It is important to work with an experienced injury lawyer when pursuing personal injury claims to ensure that all your losses are taken into account. Suffering and pain A personal injury lawsuit covers the damages resulting from a victim's physical pain and mental stress. It may also cover other damages such as loss of enjoyment of life. Pain and suffering are one of the more subjective types of damages that are 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 recover economic and noneconomic compensatory damages. The first category is tangible losses like medical costs and lost wages. The latter includes things such as suffering and suffering, loss of consortium, inconvenience, out of pocket expenses and other losses that are not directly monetary. Non-economic damages are also referred to as “pain & suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. It is up to the jury to decide what they think is a fair amount to award. A judge will often be reluctant to modify the jury's decision on pain and suffering. A jury or judge can use several methods to calculate the value for pain and suffering. One method is the multiplier method which involves multiplying actual damages by a figure that depends on the severity of the victim's injuries. The per method assigns a dollar amount for each day of recovery until they reach maximum medical recovery. If you're using the multiplier or per diem method, it is vital that you provide as much documentation and support for your claim as you are able to. This includes medical records, photos, witness testimony, and other relevant documents. Keep an account of your injuries and the effect they have had on your life. This will help you remember the details of your case in the event that you are required to testify at depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary to go to trial to solve your case. You can engage an experienced New York attorney to handle your case for you. A seasoned lawyer can take care of your claim and increase the amount you get for your pain and suffering. Loss of wages The compensation injured victims receive for their personal injury claim can comprise a substantial amount of lost wages. These are wages they would have received if they hadn't been forced to miss work due to their injuries. Most of the time, these losses are temporary and recoverable. In certain instances, they could be permanent or irreparable. For most people, the easiest way to calculate lost wages is to examine their pay rate and then multiply it by the number of days or weeks they were absent from work. Let's take an example: you typically earn $25 per 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 you'd lose $4,000. The complexity of personal injury claims can rise, based on the nature and severity of your injury. For instance, if you are permanently disabled as a result of the accident and cannot return to work You may be able to claim damages that could include the loss of future income and the possibility of promotion. In these situations, proving your lost earning potential is as simple as presenting evidence that you were able to take positions in the past for the amount you could have earned. You might also have to provide other documents to prove that you lost wages. You might need to submit a letter from your employer verifying your lost wages, as well as tax records, profit-and-loss statements invoices, receipts and invoices bank statements for business, or other correspondence regarding finance. When calculating your lost wage bonuses and commissions can also be taken into account. In certain cases, the insurance company of the other driver might compensate you for your lost wages under an no-fault claim. If this is the scenario, you do not have to bring a personal injury lawsuit in addition to your no-fault claim. Contact a seasoned personal injury attorney if you were injured in an automobile accident or other injuries in New York. This will aid you in navigating the stress of the legal process on your own and ensure that you are compensated for medical bills, lost wages, suffering and other losses.