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What Is a Personal Injury Claim? A personal injury claim involves the victim suffering physical or emotional injury as a result of another's negligence. The victim could be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other expenses could include travel to appointments, home modifications and care costs for permanent impairments. Certain victims could also be entitled to special damages for mental distress. Damages A personal injury claim seeks compensation for the damages sustained by an injured party due to the negligence of another individual. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and nature of injuries sustained. Compensation may be used to cover medical expenses loss of earnings, emotional distress, and pain and suffering. Damages for punitive purposes can be claimed in the case of extreme negligence. In a personal injury claim the compensation is split into two categories namely special damages and general damages. Special damages refer to incurred expenses and financial losses, and are generally quantifiable. Keep meticulous records of any costs or losses to increase the amount reimbursed by special damages. Future damages can be difficult to calculate because they depend on the extent of the injury and its long-term effects. Our attorneys can collaborate with medical experts to determine the estimated cost of ongoing treatment, extra expenses for transport to and from appointments and any modification or equipment requirements that result from permanent disabilities. General damages are typically more subjective, and include compensation for the victim's pain and suffering due to an accident. This includes the cost of discomfort and pain in the past, and future suffering and pain based on severity of injury. It is important to choose an experienced lawyer represent you since 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 forms of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative impact that an injury can have on their ability to be able to enjoy activities they used to love. Loss of emotional distress or companionship is more difficult to quantify. However our lawyers have years of experience in helping victims get the appropriate compensation for these types damages. Medical bills Medical expenses can make up a significant portion of the personal injury claim, particularly if an accident results in serious injuries. If the person who suffers an injury is not covered by an existing insurance policy that covers them, such as car insurance or health insurance policy, they are accountable for medical expenses which were part of the personal injury settlement. Medical-related injuries include hospital visits, surgeries and physical therapy. They also include home care and medication. Additionally the victim of an accident can also claim the cost of future anticipated medical expenses resulting from their injuries. These expenses can include future surgery, rehabilitation treatments or the need for long term medication. It is essential that accident victims remain current with their treatment and fully communicate with their doctors. This will help them demonstrate that their suffering is worth a dollar. Staying current with treatments will aid the recovery of an accident victim sooner, which can be important when proving their case for their pain and suffering claim. In some cases, medical bills can be so high that they exceed the settlement amount of a plaintiff. A lien reduction lawyer will assist in negotiating the outstanding medical bills so that the accident victim can get more money. You Tube -economic damage claims are equally important as the financial value of a person's medical bills. They can include emotional distress as well as loss of enjoyment of life, and loss of consortium. These damages are hard to quantify, but they could be compensated. It is crucial to work with an experienced injury lawyer when you are pursuing personal injury claims to ensure that all your losses are considered. Suffering and pain A personal injury lawsuit covers damages related to a victim's physical pain and mental anguish. Other damages, like the loss of enjoyment of living, can be included. Pain and suffering is among the most subjective types of damages that can be difficult to quantify and prove. But it is an essential part of a personal injury claim. In the majority of personal injury cases the plaintiff is able to recover economic and noneconomic compensatory damages. The former are those that can be linked to tangible losses, such as medical expenses and lost wages. The latter include things like pain and suffering as well as loss of consortium inconvenience, out of pocket expenses, and other losses that aren't directly related to money. Damages for mental and physical anguish are referred to as non-economic damage and are often referred to as “pain and suffering.” They aren't proved with receipts and do not have a fixed dollar amount associated with them. Thus, it is up to the jury to determine what an appropriate amount would be. A judge will often be reluctant to modify the verdict of a jury for pain and suffering. A jury or judge can utilize a variety of methods to calculate the amount of pain and suffering. One option is the multiplier technique, which involves multiplying actual damages by a figure that depends on the severity of the victim's injuries. The per diem method assigns a dollar amount to each day of the victim's 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. This includes medical records, photos, witness testimony, and other relevant documents. You should also keep a journal that details your injuries and the impact they've had on your life. This will help you remember the specifics of your case should you are required to testify at depositions or in court. If you're unable to reach an agreement with the insurance company, it might be necessary to go to trial to resolve your case. You can hire an attorney in New York to handle your case. An experienced lawyer will be able to manage your claim and maximize the amount you get for your suffering and pain. Lost wages The compensation injured victims receive for their personal injury claims can comprise a substantial amount of lost wages. This is the wage they would have received had they not had to work a second shift because of their injuries. Most of the time, these losses are temporary and can be recouped. In certain cases, however, they can be irreparable and permanent. Most people can estimate their lost wages by multiplying their wage by the number of weeks or days that they were out of work. For instance, let's say you typically earn $25 an hour ($1,000 per week), and you were injured in a car accident which kept you out of work for four weeks. In this instance, you would lose $4,000. The complexity of personal injury cases can rise, based on the nature and severity of your injury. For instance, if permanently disabled in the accident and unable to return to your previous job you may be able to claim damages that cover your future loss of income and potential for promotion. In these instances the proof of your loss in earning potential is as simple as presenting evidence that you were able to accept jobs in the past at the amount you could have earned. You may also need to submit other documents to prove that you have lost wages. You may be required to provide an official letter from your employer verifying your lost wages, along with tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or other correspondence that is related to finance. When calculating your lost wage bonuses and commissions may be considered too. In some instances it is possible that the insurance company might cover your lost wages as a part of your no fault claim or settlement agreement. If this is the case it's not necessary to file a separate personal injury lawsuit in addition to your no-fault lawsuit. If you've been injured in a car crash in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This will allow you to avoid the burden of the legal system and ensure that you are compensated for medical bills and lost income, as well as suffering, and other expenses.