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What Is a Personal Injury Claim? A personal injury lawsuit involves the victim suffering emotional or physical harm as a result of another's negligence. The victim could be awarded compensation for various damages, such as medical bills as well as pain and suffering and lost wages. Other expenses could include travel to appointments, home modifications and the cost of care for those with permanent impairments. Some victims may also be entitled to specific damages for mental suffering. Damages A personal injury claim seeks to recover for damages suffered by an injured person due to the negligence of a third party. Victims can be compensated for economic and other damages. The amount of compensation depends on the severity and type of injuries suffered. Compensation can cover medical expenses as well as lost 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 case the compensation is divided into two categories namely special damages and general damages. Expenses and financial losses incurred are referred to as special damages, and are typically quantifiable in real dollars. Keep detailed records of any expenses or losses in order to maximize the amount reimbursed by special damages. Future damages can be difficult to determine, as they are dependent on the severity of an injury and its expected long-term effects. Our attorneys can work with medical professionals to determine the estimated cost of ongoing treatment, the additional expenses for transport to and from appointments, and any modification 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 compensation for pain and discomfort in the past, as well future suffering and pain depending on the severity of the injury. It is important to have an experienced attorney represent you since they will be able to accurately estimate 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 the 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 or companionship is more difficult to quantify. However our lawyers have years of experience in helping victims establish the proper compensation for these types damages. Medical bills Medical bills can comprise an important portion of a personal injury settlement especially if the victim has suffered serious injuries. If the injured party did not have prior coverage that was covered by either an insurance policy for cars or health insurance, they are responsible for paying back the amount of the medical expenses incurred from the settlement for personal injury. The type of medical-related damages that can be claimed in a personal injury claim include any medical costs for the victim, including hospital visits, surgeries and physical therapy, home care and medications. Accident victims can also claim future medical expenses likely to result from their injuries. This could include future surgeries, rehabilitation treatments, or the need for long-term medication. It is essential that accident victims stay current in their treatment and communicate with their doctors. This will help them prove that their suffering has a monetary worth. Keeping current with treatments can help an accident victim recover faster, which is important when proving their case for their claim for pain and suffering. In some cases, the medical bills can be so large that they surpass the settlement amount of a plaintiff's overall. If this is the situation the lien reduction lawyer can help negotiate the medical debt to ensure that more money can be put into the pockets of the victim. Non-economic damages can be just as important as the amount in dollars of an injured person's medical expenses. They can be a result of emotional distress, loss of enjoyment of life, and loss of consortium. These kinds of damages are difficult to quantify, but can still be compensated for. It is essential to consult with a seasoned injury lawyer when pursuing a personal injury claim to ensure that all your losses are considered. Pain and suffering Personal injury claims are a way to recover damages for physical pain and mental suffering. Other damages, like the loss of enjoyment living, can be included. Pain and suffering are one of the more subjective types of damages that are difficult to quantify and prove. It's still an important element of a personal injury claim. In most personal injury claims, the plaintiff can recover both non-economic and economic compensation damages. The first are tangible losses like medical expenses and lost wages. These include things like pain and suffering as well as loss of consortium inconvenience, out-of-pocket costs, and other losses that aren't directly financial. Damages for mental and physical pain are referred to as non-economic damages and are referred to as “pain and suffering.” They cannot be proved by receipts and don't have a specific dollar amount that is attached to them. Thus, it is up to the jury to determine what is a fair amount. A judge is usually reluctant to modify the jury's decision on suffering and pain. There are a variety of methods jurors or judges could employ to determine the value of the suffering and pain suffered by a victim. The multiplier method involves multiplying the actual damages by a certain number based on the severity of injuries. The per diem method assigns a dollar amount to each day of recovery until they reach their maximum medical recovery. Whether you are using the multiplier or per-diem method, it is vital to provide as much documentation and evidence for your claim as possible. This includes medical records, photos as well as witness testimony and other relevant documents. You should also keep an account of your injuries and the impact they have affected your life. This can help you recall the details of your case in the event that you are required to give evidence in depositions or hearings. If you're unable to reach an agreement with your insurance company, you may need to go to court to resolve your issue. You can employ an attorney in New York to handle your case. A seasoned lawyer can help you maximize your amount of compensation for pain and suffering. Lost wages Lost wages are the largest portion of compensation injured victims receive from their personal injury claims. This is the amount they would have received had they not had to miss their job due to their injuries. These losses are typically temporary and recoverable. In some cases they can be irreparable or permanent. For most people, the simplest method to calculate lost wages is to look at their pay rate and then multiply it by the number of weeks or days 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 which kept you out of work for four weeks. In this case, your lost earnings would be $4,000. The complexities of personal injury claims may increase, based on the severity and nature of your injury. For instance, if you were permanently disabled in the accident and cannot return to work, you might be entitled to damages that could include your future loss of income and potential for promotion. In these situations the proof of your loss in earning potential is as simple as proving that you were able to take positions in the past for the amount you could have earned. You may also be required to submit other documents to prove you lost wages. This could include a letter of verification from your employer, tax records Profit and loss statements, invoices or receipts, business bank accounts, or financial-related correspondence. Bonuses and commissions may also be considered when calculating your lost wages. In youtube.com , the insurance company of the other driver might pay your lost wages as an no-fault claim. If this is the case, you should not have to file a personal injury lawsuit in addition to your no fault claim. If you have been injured in a crash in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This will assist you in having to navigate the legal process on your own. It will also ensure that you are compensated for medical expenses and lost wages, as well as pain and suffering, and other losses.