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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical injury due to the negligence of a third party. The victim may be awarded compensation for the various damages, such as medical bills as well as pain and suffering and lost wages. Other expenses could include travel appointments, home modifications and expenses for care for permanent impairments. Some victims might also claim special damages for mental distress. Damages Personal injury claims seek to recover compensation for the losses that the victim is suffering due to negligence or other individual. Victims can be compensated for economic and other damages. The amount of compensation is contingent on the severity and nature of injuries suffered. Compensation can cover medical expenses loss of earnings, emotional distress, and suffering and pain. Punitive damages, which are awarded in the case of recklessness beyond the limits, may also be claimed. In a personal injury claim, compensation is divided into two categories namely general damages and special damages. Special damages are incurred expenses and financial losses, and are generally quantifiable. Maintaining meticulous documents and receipts for any expenses or losses can aid in maximizing the amount of money reimbursed through special damages. Future damages are difficult to quantify because they are based on the severity of a victim's injuries and the expected long-term impact. Our attorneys can work with medical experts to establish the estimated cost of ongoing treatment, extra expenses 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 the cost of pain and discomfort resulting from an accident. This includes the compensation for discomfort and pain in the past, as well future pain and suffering dependent on the severity of the injury. This is why it's crucial to hire a competent lawyer representing you, since they'll know how to assess your claim for suffering and pain and give accurate estimates based on 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 victims for the negative effect an injury can have on their ability to be able to enjoy activities they used to enjoy. Loss of emotional distress or companionship is more difficult to quantify. However our lawyers have a wealth of experience in helping victims get the proper amount of compensation for these damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries especially if the victim has suffered severe injuries. If the victim of an injury doesn't have an existing insurance policy that covers them, such as car insurance or health insurance policy, they will be accountable for medical expenses that were included in the settlement for personal injuries. The kind of medical-related damages that can be claimed in a personal injury lawsuit include any medical expenses incurred by the accident victim, including hospital visits, surgeries, physical therapy, home care, and medication. In addition an accident victim may also claim the cost of future anticipated medical expenses resulting from their injuries. These could include future surgeries, rehabilitation procedures or the necessity for long-term medical treatment. It is crucial that accident victims stay up-to-date with their treatment, and fully communicate with their medical professionals. This will help establish that the suffering and pain they are experiencing has a financial value. Keeping current with treatments can aid the recovery of an accident victim sooner, which can be important when proving the merits for their pain and suffering claim. In some instances medical bills can be so high that they exceed the settlement amount of a plaintiff. If this is the case the lien reduction lawyer can assist in negotiating the outstanding medical debts so that more money can be deposited into the pocket of the victim of the accident. Non-economic losses can be just as important as the amount of medical bills for a person who has been injured. www.youtube.com can include emotional stress and a loss of enjoyment. These kinds of damages are difficult to quantify, but can still be compensated. It is important to consult with an experienced injury lawyer when 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 the physical pain of a victim and mental anguish. Other damages, like the loss of enjoyment of living, are also covered. Pain and suffering are one of the more subjective types of damages that can be difficult to quantify and prove. However, it is an important element of a personal injury claim. In the majority of personal injury cases the plaintiff is able to recover both economic and noneconomic compensatory damages. The former are based on tangible losses, like medical expenses and lost wages. The latter include things like suffering and suffering loss of consortium, inconvenience, out of pocket expenses and other losses that are not directly financial. Non-economic damages are also known as “pain and suffering” and cannot be proved with receipts. They do not have a dollar amount attached. Therefore, it is left to the jury determine what an appropriate amount would be. A judge is usually unwilling to alter the jury's decision on pain and suffering. A jury or judge can employ a variety of methods to determine the value for pain and suffering. The multiplier method is based on multiplying the actual damages by a certain amount based on the severity of injuries. The per method assigns a dollar amount for each day of recovery until they reach their maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you are using the multiplier method or the per diem method. Included in this are medical documents, photographs and witness testimony. In addition you should keep a journal detailing your injuries and how they have affected your life. This will help you remember the details of your case if you are required to give evidence in depositions or hearings. If you are unable to reach an agreement with your insurance company, you could require a court appearance to resolve your case. You can hire an New York attorney to handle your case for you. A seasoned lawyer can handle your claim and maximize the amount you get for your suffering and pain. Lost wages Lost wages are an important component of the compensation that injured victims receive through their personal injury lawsuit. These are the wages they would have received if they hadn't been forced to work a lot because of their injuries. Often, these losses are temporary and can be recouped. In certain instances, however, they can be irreparable and last forever. Most people can calculate their lost wages by multiplying their salary by the number weeks or days they were away from work. For instance, let's say you usually earn $25 an hour ($1,000 per week) and you were injured in a car accident that prevented you from going to work for four weeks. In this case you'd lose $4,000. The complexity of personal injury claims may increase, depending on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you could be entitled to damages which include your future loss of earnings as well as your promotion potential. In these situations, proving your lost earning potential is as simple as presenting evidence that you were able to take jobs in the past with a salary you could have earned. You may also need to submit other documents to prove that you have lost wages. You may need to submit an official letter from your employer to confirm your lost wages along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or any correspondence that is related to finance. Bonuses and commissions could also be considered when calculating your lost wages. In certain instances it is possible that the insurance company could pay for your wages lost as a part of your no-fault claim or settlement agreement. If this is the case you shouldn't need to file a personal injury lawsuit on top of your no-fault lawsuit. Contact a seasoned personal injury lawyer if were injured in an automobile accident or other injury in New York. This will allow you to avoid the burden of the legal system and ensure that you are compensated for medical bills, lost income, suffering and other expenses.