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What Is a Personal Injury Claim? A personal injury lawsuit involves a person suffering emotional or physical harm due to someone else's negligence. The victim could be entitled to compensation for medical bills and pain, suffering and lost wages. Other expenses could include travel appointments, home modifications, and care costs for permanent impairments. Some victims might also claim special damages for mental pain. Damages A personal injury claim seeks compensation for the damages sustained by the injured party because of the negligence of a third party. A victim can recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity and type of injuries suffered. Compensation can cover medical expenses, lost earnings, emotional distress, and pain and suffering. Punitive damages can be claimed in the case of extreme negligence. In a personal injury claim the compensation is split into two categories: general damages and special damages. Expenses and financial losses incurred are known as special damages, and they are usually quantifiable in dollars. Keep complete records of all expenses or losses to maximize the amount of money that is repaid by special damages. Future damages are difficult to quantify, as they depend on the extent of a victim's injuries and their expected long-term impact. Our attorneys will work with medical experts to determine the estimated cost for ongoing treatment, travel expenses to and from appointments, and any modifications or equipment that are needed due to permanent disabilities. General damages are often more subjective and can include compensation for a victim's pain and suffering related to an accident. This includes the compensation for past discomfort and pain as well as for future suffering and pain that is reasonably foreseeable depending on the severity of the injury. It is crucial to hire an experienced attorney representing you since they will be able to accurately estimate your claim for pain and suffering based on your case facts. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their being capable of enjoying the activities that they used to enjoy. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have extensive experience helping victims to determine the proper compensation for these types of damages. Medical bills Medical bills can be the largest portion of the personal injury claim, particularly when an accident has left the victim with serious injuries. Unless the injury victim had preexisting coverage that was paid by either a car insurance policy or health insurance policy, they will be responsible for paying back the amount of the medical costs from their personal injury settlement. The type of medical-related damages that may be claimed in a personal injury lawsuit include any medical costs that the victim of the accident has to pay, including hospital visits, surgery, physical therapy, home care and medications. In addition an accident victim may also claim future anticipated medical expenses resulting from their injuries. These could include future surgeries, rehabilitation treatments or the requirement for long-term medical treatment. It is vital that victims of accidents keep up with their treatment, and fully communicate with their doctors. This will help them demonstrate that their suffering is financially worth. Being current with treatment options will aid the recovery of an accident victim faster, which is important when proving the merits for their claim for pain and suffering. In some instances, the medical bills could be so significant that they would overtake the total settlement of a plaintiff. A lien reduction attorney will help negotiate the outstanding medical bills so that the accident victim can get more money. Non-economic damages can be just as important as medical expenses for an injured person. These damages can be emotional distress and loss of enjoyment. These damages are difficult to quantify, but they can be compensated. It is essential to consult with a seasoned injury lawyer when pursuing personal injury claims to ensure that all your losses are taken into account. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. Other damages, like the loss of enjoyment living, are also covered. The concept of pain and suffering is among the most subjective forms of damages, and is difficult to prove and quantify. But it is an essential component of an 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 tied to tangible losses, such as medical expenses and lost wages. The latter includes things like pain and suffering, loss of consortium, inconvenience, out-of-pocket costs, and other losses that are not directly monetary. Non-economic damages are also referred to as “pain and suffering” and cannot be proved with receipts. They do not include a dollar amount. Thus, it is up to the jury to determine what they feel an appropriate amount would be. A judge is often not willing to alter the pain and suffering award. A judge or jury can utilize a variety of methods to calculate the amount of suffering and pain. One option is the multiplier method which involves multiplying the amount of damages by a figure which is determined by the severity of the victim's injuries. Another option is the per diem method which assigns a daily value for each day until the patient reaches the maximum medical recovery. If you're using the multiplier or per diem method, it is crucial to provide as much evidence and proof for your claim as you are able to. Included in this are medical records, photographs, and witness testimony. Additionally, you should keep a record detailing your injuries and how they have impacted your life. This will aid in remembering the specifics of your case should you have to testify at depositions or at hearings. If you're unable to reach an agreement with the insurance company, it could be necessary to go to trial to resolve your case. You can engage a New York attorney to handle your case for you. An experienced lawyer can manage your claim to maximize your settlement for the pain and suffering. Lost wages Lost wages are a large part of the compensation injured victims receive from their personal injury lawsuit. This is the amount they would have received if they not had to miss their job because of their injuries. Most of the time, these losses are temporary and can be recouped. In certain instances, however, they can be irreparable and permanent. Most people calculate their lost wages by multiplying their salary by the number of weeks or days they were away from work. Let's suppose that you earn $25 per hour ($1,000 per weekly) and you're injured in a traffic accident. You missed four weeks of work. In this instance, your lost earnings would be $4,000. The complexity of personal injury cases can rise, based on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you may be entitled to compensation which include your future loss of earnings and promotion potential. In these instances you can prove your loss of earning capacity by providing evidence of the kinds of jobs you may have taken on in the past and what kind of wages those jobs would have offered. Downey injury lawsuit may also be required to provide other documents in order to prove your lost wages. You may be required to provide an employer's letter that confirms 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 may be taken into consideration when calculating your lost wages. In certain cases, the insurance company of the other driver might compensate you for your lost wages under a no-fault lawsuit. If this is the scenario, you do not have to file a personal injury lawsuit in addition to your no fault claim. Get in touch with a seasoned personal injury attorney if you have been injured by a car accident or other injuries in New York. This can aid you in having to navigate the legal procedure on your own. You can also ensure that you are compensated for medical expenses, lost wages, pain and suffering, and other losses.