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What Is a Personal Injury Claim? A personal injury claim is the victim suffering physical or emotional harm due to the negligence of another. The victim could be awarded compensation for various damages, such as medical bills as well as pain and suffering and lost wages. Other costs could include travel appointments, home modifications and the cost of care for those with permanent impairments. Some victims may also be entitled to specific damages for mental distress. Damages Personal injury claims seek compensation for the damages an injured person has suffered due to the negligence or other individual. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation depends on the severity and nature of injuries suffered. Compensation can include expenses like medical treatment and loss of earnings, and could also include damages for physical impairment, as well as emotional distress. Damages for punitive purposes can be claimed in cases of extreme negligence. The types of compensation that can be claimed in the case of personal injury fall into two categories: general and special damages. Special damages are the result of incurred costs and financial losses, and are generally quantifiable. Keep complete records of all expenses or losses in order to maximize the amount reimbursed by special damages. Future damages can be difficult to determine due to the fact that they are contingent on the extent of an injury and its long-term effects. Our attorneys will work with medical professionals to estimate the cost for ongoing treatment, travel costs to and from appointments and any equipment or modifications that are needed due to permanent disabilities. General damages are usually more subjective, and include compensation for a victim's pain and suffering due to an accident. This includes the compensation for discomfort and pain in the past, as well as future pain and suffering depending on the severity of the injury. It is essential to choose an experienced lawyer represent you, as they will be able to accurately estimate the amount of your claim for pain and suffering in light of the facts of your particular case. Other types of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate a person for the negative impact an injury can have on their ability to engage in the activities they once enjoyed. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have extensive experience helping victims to determine the appropriate compensation for these kinds of damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries especially if the victim has sustained serious injuries. If the person who suffered an injury doesn't have an existing insurance policy that covers them, such as car insurance or health insurance policy, they are responsible for the medical costs which were part of the personal injury settlement. The types of medical-related injuries that can be claimed in a personal injury claim include any medical expenses that the victim of the accident has to pay such as hospital visits, surgeries or physical therapy, home health care, and medications. Victims of accidents can also claim future medical expenses that are likely to result from their injuries. These could include future surgeries, rehabilitation procedures or the requirement for long-term medications. It is vital that victims of accidents keep up with their treatment, and communicate fully with their physicians. This will allow them to prove that their pain and suffering has a monetary worth. In addition, staying current with treatments can help an accident victim to recover quicker, which is important in proving the validity of their claim for pain and suffering. In certain cases, medical bills could be so large that they exceed a plaintiff's overall settlement. A lien reduction attorney can help negotiate the outstanding medical charges so that the victim receives more money. Non-economic losses can be as important as the amount of medical expenses for an injured person. These damages can include emotional stress and a loss of enjoyment of living. These kinds of damages are more difficult to quantify, yet they can still be compensated for. It is important to work with an experienced injury lawyer when you are 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. It could also include other damages, such as loss of enjoyment of life. The concept of pain and suffering is one of the most subjective types of damages, and is difficult to prove and quantify. But, it is an important component of an injury claim. In most personal injury cases the plaintiff is able to recover economic and noneconomic compensatory damages. The first is tangible losses such as medical costs and lost wages. The latter category includes pain and suffering, loss in consortium and inconvenience, out of pocket costs, and other non-monetary losses. Damages for mental and physical pain are referred to as non-economic damages and are also referred to as “pain and suffering.” They are not proven with receipts and do not have a set dollar amount attached to them. It is the jury to decide what an appropriate amount should be. A judge is often reluctant to modify a jury's award for pain and suffering. There are many methods jurors or judges can use to calculate the value of the victim's suffering and pain. The multiplier method involves multiplying the actual damages by a specific number based on the severity of the injuries. Another method is the per diem method which gives a daily amount to each day until the victim has reached maximum medical recuperation. It is essential to provide as much documentation as you can regardless of whether you employ the multiplier method or the per diem method. This includes medical records, photographs as well as witness testimony and other relevant documents. It is also recommended to keep an account of your injuries as well as the impact they've affected your life. This will aid in remembering the specifics of your case should you have to testify at depositions or at hearings. If you are unable to reach an agreement with your insurance company, you might require a court appearance to resolve your case. You can hire a New York attorney to handle your case on your behalf. An experienced lawyer will be able to handle your claim and maximize the amount you get for your suffering and pain. Loss of wages The compensation injured victims receive in their personal injury claim may include a large amount of lost wages. These are the wages they would have received if they hadn't been forced to work a lot because of their injuries. These losses are typically temporary and can be recouped. In certain cases, they may be permanent or irreparable. For most people, the simplest method of calculating lost wages is to examine their pay rate and then multiply it by the number of days or weeks they were absent from work. For example, let's say you typically earn $25 per hour ($1,000 per week), and you were injured in a car crash that prevented you from going to work for four weeks. In this instance the loss of earnings would be $4,000. Personal injury claims can become more complicated depending on the severity and nature of your injury. For instance, if you were permanently disabled as a result of the accident and unable to return to your previous job you may be able to claim damages that could include your future loss of income and the possibility of promotion. In these cases you can demonstrate your loss of earning capacity by showing evidence of the kind of jobs you might have accepted in the past and what kind of pay these jobs could have earned. You may also need to provide other documents in order to prove your lost wages. You may need to submit an official letter from your employer to confirm 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 included in the calculation of your lost wages. In certain instances, the other driver's insurance company may be able to cover your lost wages as part of your no fault claim or settlement agreement. If this is the situation it's not necessary to file a separate personal injury lawsuit on top of your no-fault lawsuit. Get in Decatur injury lawyer YouTube with a seasoned personal injury lawyer if were injured in a car accident or other injury in New York. This will aid you in dealing with the stress of the legal process on your own. It will also ensure that you get compensation for your medical bills as well as lost wages, suffering and other expenses.