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What Is a Personal Injury Claim? A personal injury lawsuit involves a person suffering physical or emotional harm due to the negligence of another. The victim may be entitled to compensation for medical bills, pain, 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 could also seek special damages for mental pain. Damages Personal injury claims seek compensation for the damages an injured party has suffered due to the negligence of an individual or another. The victim may seek damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity of the accident and the types of injuries suffered. Compensation may cover medical expenses, lost earnings, emotional distress and pain and suffering. Damages for punitive purposes can be claimed in the case of extreme negligence. The kinds of compensation available in the case of personal injury are classified into two categories: general and special damages. Special damages are incurred expenses and financial losses, and are typically 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 calculate due to the fact that they are contingent on the severity of the injury and its long-term effects. Our lawyers can work with medical professionals to determine the estimated cost of ongoing treatment, the additional costs for transport to and from appointments and any modification or equipment needs that will result from permanent disabilities. General damages are more subjective and comprise compensation for the victim's pain and discomfort resulting from an accident. This includes the compensation for discomfort and pain in the past, as well future suffering and pain based on severity of injury. This is why it's important to have a skilled attorney on your side, as they will know how to value your claim for suffering and pain, and will provide accurate estimates based on the specifics 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 impact an injury has on them being capable of enjoying the activities that they used to enjoy. Loss of companionship and emotional distress can be more difficult to quantify, but our lawyers have years of experience assisting victims in establishing the right amount of compensation for these types of damages. Medical bills Medical expenses can be the largest portion of a personal injury claim, especially when an accident results in serious injuries. If the person who suffers an injury is not covered by prior coverage that is covered by their car insurance or health insurance policy, they are responsible for the medical costs that were included in the settlement for personal injury. The types of medical-related damages that can be claimed in a personal injury claim include any medical expenses that the victim of the accident has to pay, including hospital visits, surgeries and physical therapy, home care and medication. Accident victims can also claim future medical expenses that are likely to result from their injuries. This could include future surgeries, rehabilitation treatments or the requirement for long-term medications. It is essential that victims of accidents keep up with their treatment, and be in constant contact with their physicians. This will help them prove that their suffering is financially worth. Being current with treatment options will help an accident victim recover faster, which is crucial when proving the value of their claim for pain and suffering. In some cases, medical bills can be so high that they surpass the settlement amount of the plaintiff. If this is the situation, a lien reduction attorney can assist in negotiating the outstanding medical debts so that more money can be put into the pocket of the victim of the accident. Non-economic damages can be as significant as the amount of medical bills for a person who has been injured. These damages can include emotional distress and loss of enjoyment of life. These kinds of damages are difficult to quantify, but they can still be compensated for. It is important to consult with a seasoned injury lawyer when pursuing a personal injury claim to ensure that all your losses are taken into account. Pain and suffering Personal injury claims provide compensation for physical pain and mental suffering. It can also include other damages like loss of enjoyment of life. Pain and suffering is among the most subjective types of damages that can be difficult to quantify and prove. However it is a crucial element of an injury claim. In most personal injury lawsuits the plaintiff can seek both non-economic and economic compensatory damages. The former can be linked to tangible losses, like medical expenses and lost wages. These include things like suffering and suffering loss of consortium, inconvenience, out-of-pocket costs and other losses that are not directly financial. Non-economic damages are also known as “pain & suffering” and cannot be proved by receipts. They do not include a dollar amount. Therefore, it is up to the jury to determine what a fair award would be. Judges are often unwilling to alter the pain and suffering award. There are many methods jurors or judges can use to calculate the value of the suffering and pain suffered by a victim. One option is the multiplier technique, which involves multiplying the amount of damages by a figure that is based on the severity of the injury. The per dia method assigns a certain dollar amount for each day of recovery until they reach maximum medical recovery. If you're using the multiplier or per diem method, it is crucial that you submit as much documentation and evidence for your claim as you can. Included in this are medical documents, photographs and witness testimony. Additionally, you should keep a record detailing your injuries and how they impacted your life. This will help you remember the details of your case in the event that you need to testify in depositions and hearings. If you're unable to reach an agreement with your insurance company, you might require a court appearance to resolve your case. You can engage an experienced New York attorney to handle your case for you. An experienced lawyer will help you maximize your settlement for suffering and pain. Loss of wages The compensation that injured victims receive for their personal injury claims can include a large amount of lost wages. These are wages they could have earned in the event that they weren't forced to work a lot because of their injuries. These losses are often temporary and reversible. In some cases they can be permanent or irreparable. For most people, the most straightforward method to calculate lost wages is to examine the rate of their pay and multiply it by the number of weeks or days they were absent from work. Let's say Concord injury attorney earn $25 an hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this scenario you'd lose $4,000. Personal injury claims can be more complicated depending on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you may be entitled to compensation, including your future loss of earnings and promotion potential. In these situations the proof of your loss in earning potential is as easy as proving that you were able to take jobs in the past at the same amount that you could have earned. You may also need to provide other documents in order to prove your lost wages. You might need to provide an employer's letter verifying your lost wages, along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or correspondence regarding finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some instances the insurance company of the other driver could compensate you for your lost wages under an no-fault claim. If this is the scenario, you do not need to file a personal injury lawsuit in addition to your no fault claim. If you've been injured in a car crash in New York, or any other type of injury, you should speak with an experienced personal injury lawyer. This can aid you in navigating the stress of the legal procedure on your own. You can also ensure that you get compensation for medical bills as well as lost wages, pain and suffering, and other expenses.