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What Is a Personal Injury Claim? A personal injury claim is the victim suffering emotional or physical harm due to someone else's negligence. The victim may be entitled to compensation for medical expenses, pain, suffering, and lost wages. Other expenses 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 distress. Damages Personal injury claims seek to recover compensation for the losses that an injured party is suffering due to negligence or other individual. Victims may be compensated for economic and other damages. The amount of compensation is contingent on the severity and type of injuries sustained. Compensation may cover medical expenses loss of earnings, emotional distress and pain and suffering. Punitive damages that are awarded in instances of extreme recklessness, can also be claimed. The types of compensation that can be claimed in the case of personal injury are classified into two categories: special and general damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in actual dollars. Keep complete records of all expenses or losses in order to maximize the amount of money that is repaid by special damages. Future damages aren't always easy to estimate, as they are dependent on the severity of the injury and its long-term effects. Our lawyers will collaborate with medical professionals to determine the estimated costs for ongoing treatment, travel expenses to and from appointments, and any equipment or modifications that are needed due to permanent disabilities. General damages are often more subjective and may include compensation for a victim's pain and suffering related to an accident. This includes the compensation for past discomfort and pain and also future suffering and pain that is reasonably foreseeable depending on the severity of the injury. It is crucial to have an experienced attorney representing you since they will be able to accurately assess your claim for pain and suffering depending on the specific facts of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative effect an injury has on them being in a position to enjoy the activities they used to enjoy. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have extensive experience helping victims to determine the right amount of compensation for these types of damages. Medical bills Medical expenses can make up a significant portion of a personal injury claim, particularly if an accident leaves the victim with serious injuries. If the victim of the accident did not have prior coverage that was covered by either a car insurance policy or health insurance, they are responsible for paying back the amount of the medical expenses from their personal injury settlement. Medical-related damages can include hospital visits, surgery and physical therapy. They also cover medications and home care. Additionally, an accident victim can also claim reimbursement for future medical expenses anticipated from their injuries. These expenses can include future surgeries, rehabilitation treatments or the requirement for long term medication. It is essential that victims of accidents stay up-to-date with their treatment and fully communicate with their medical professionals. You Tube will prove that the pain and suffering they are experiencing has a worth. Staying current with treatments will aid in recovering sooner, which can be important when proving the merits for their pain and suffering claim. In some cases medical bills can be so large that they exceed the settlement amount of a plaintiff. If this is the case, a lien reduction attorney can assist in negotiating the medical debt to ensure that more money is put into the pockets of the victim. Non-economic damages are as important as the amount of medical bills for an injured person. They could include emotional distress as well as loss of enjoyment of life, and loss of consortium. These kinds of damages are more difficult to quantify, yet they can still be compensated for. It is important to consult with an experienced injury lawyer when you are pursuing an injury claim in order to ensure that all your losses are taken into account. Pain and suffering Personal injury claims are a way to recover damages for physical pain and mental suffering. It can also include other damages such as loss of enjoyment of life. The concept of pain and suffering is among the most subjective forms of damages, and is difficult to prove and quantify. It is still an important element of a personal injury claim. In most personal injury claims, the plaintiff can recover both economic and noneconomic compensatory damage. The first are tangible losses like medical costs and lost wages. The latter include things such as pain and suffering as well as 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 are not able to be proven by receipts. They do not have an attached dollar amount. It is the jury to decide what they think is a fair amount to award. A judge is usually unwilling to alter a jury's award for pain and suffering. A judge or jury can use several methods to calculate the amount for pain and suffering. The multiplier method involves multiplying actual damages by a specific amount based on the severity of injuries. Another option is the per diem method which assigns a daily dollar value for each day until the patient reaches maximum medical recovery. If you're using the multiplier or per diem method, it is essential that you submit as much documentation and support for your claim as you are able to. Included in this are medical records, photographs and witness testimony. Keep an account of your injuries as well as the impact they've affected your life. This will aid in remembering the details of your case in the event that you have to testify in depositions or in court. If you cannot reach an agreement with your insurance company, you might need to go to court to resolve your issue. You can hire an experienced New York attorney to handle your case for you. A seasoned lawyer can manage your claim to maximize your settlement for suffering and pain. Loss of wages Lost wages can be an important component of the compensation that injured victims receive through their personal injury claims. These are wages they would have received if they hadn't been forced to miss work because of their injuries. Often, these losses are temporary and reversible. In certain instances, they could be irreparable or permanent. The majority of people determine their lost earnings by multiplying their salary by the number weeks or days they were away from work. Let's suppose that you earn $25 an hour ($1,000 per weekly) and you're injured in a traffic accident. You missed four weeks of work. In this scenario you'd lose $4,000. Personal injury cases can become more complicated based on the severity and nature of your injury. For instance, if you are permanently disabled in the accident and unable to return to work you may be eligible for damages that cover your future loss of income and potential for promotion. In these cases the evidence to prove your loss of earning potential is as simple as presenting evidence that you were able to take jobs in the past with the same amount that you could have earned. You may also be required to provide other documents to prove that you lost wages. You may 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. Bonuses and commissions may be taken into consideration when calculating your lost wages. In certain instances, the other driver's insurance company could pay for your lost wages as part of your no fault claim or settlement agreement. If this is the situation, you shouldn't have to file a personal injury lawsuit in addition to your no-fault claim. Consult an experienced personal injury lawyer if you were injured in 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, lost income, suffering, and other losses.