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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered physical or emotional harm due to the negligence of another. The victim could be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses might include travel costs to appointments, home modifications, and care costs for permanent disabilities or impairments. Some victims may also be able to claim special damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that an injured person is suffering due to negligence or other individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation depends on the severity and nature of injuries suffered. Compensation may cover medical expenses loss of earnings, emotional distress and pain and suffering. Punitive damages, which are awarded in the case of extreme recklessness, can also be claimed. In a personal injury claim the compensation is divided into two categories – general damages and special damages. Expenses and financial losses incurred are known as special damages, and they are usually quantifiable in actual dollar amounts. Keep complete records of all costs or losses to increase the amount reimbursed by special damages. Future damages aren't always easy to estimate because they depend on the severity of an injury and its expected long-term effects. Our lawyers will work with medical experts in order to estimate the cost for ongoing treatment, travel expenses to and from appointments, and any equipment or modifications that may be required due to permanent disabilities. General damages are often 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. This is the reason it's essential to hire a competent attorney representing you, as they'll be able to assess your claim for suffering and pain, and will provide accurate estimates based on the facts of your case. Other damages that are general in nature include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate the victim for the negative impact an injury has on their ability to engage in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have extensive experience assisting victims in establishing the proper compensation for these types of damages. Medical bills Medical expenses can make up an important element of an injury claim, particularly when an accident results in serious injuries. Unless the injury victim had an existing insurance policy that was covered by either a car insurance policy or health insurance, they'll be responsible for paying back the amount of the medical costs from the settlement for personal injury. The types of medical-related damages that can be claimed in a personal injury lawsuit include any medical costs for the victim, including hospital visits, surgery and physical therapy, home health care, and medications. In addition an accident victim may also claim reimbursement for future medical expenses anticipated from their injuries. These expenses can include future operations, rehabilitation procedures or the requirement for long-term medications. It is vital that accident victims keep up with their treatment and be in constant contact with their medical professionals. This will help them prove that their suffering is financially worth. Additionally, keeping up-to-date in treatments can help an accident victim recover faster and is crucial in proving the merits of their claim for pain and suffering. In some cases medical bills may be so expensive that they surpass the total settlement of a plaintiff. If this is the situation the lien reduction lawyer can assist in negotiating the medical debt to ensure that more money is put into the accident victim's pocket. Non-economic damage claims are equally important as the amount in dollars of an injured person's medical expenses. These damages can be emotional stress and a loss of enjoyment. These kinds of damages are difficult to quantify, but can still be compensated. It is essential to consult with a seasoned injury lawyer when pursuing personal injury claims to ensure that all of your losses are considered. Pain and suffering A personal injury claim is a way to recover damages related to the physical pain and mental distress. It may also cover other damages like loss of enjoyment of life. The pain and suffering category is one of the more subjective types of damages that can be difficult to quantify and prove. However, it is an important part of a personal injury claim. In most personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The former are those that can be tied to tangible losses, such as medical expenses and lost wages. These include things like suffering and suffering as well as loss of consortium inconvenience, out-of-pocket costs and other losses that are not directly monetary. 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 established by receipts and don't have a specific dollar amount that is attached to them. It is the jury to decide what is a fair amount to award. A judge is often unwilling to alter a jury's award for pain and suffering. There are several methods that a judge or jury could employ to determine the value of the suffering and pain suffered by a victim. The multiplier method is based on multiplying the actual damages by a certain number based on the severity of the injuries. The per diem method assigns a dollar amount to each day of the victim's recovery until they reach maximum medical recovery. Whether you are using the multiplier or per diem method, it is essential that you provide as much evidence and proof for your claim as you are able to. Included in this are medical records, photographs and witness testimony. It is also recommended to keep a journal that details your injuries and the effect they have affected your life. This will help you remember the details of your case if you have to testify in depositions and hearings. If you are unable to reach an agreement with your insurance company, you could need to go to court to settle your case. You can engage an New York attorney to handle your case on your behalf. An experienced lawyer can handle your claim and maximize the amount of compensation you receive for your suffering and pain. Lost wages Loss of wages can make up an important component of the compensation that injured victims receive through their personal injury lawsuit. These are the wages they would have received if they hadn't been forced to miss work because of their injuries. These losses are usually temporary and reversible. In certain cases, they may be permanent or irreparable. For the majority of people, the most straightforward way to calculate lost wages is to look at the rate of their pay and multiply it by the number of days or weeks they missed from work. Let's say you earn $25 an hour ($1,000 per weekly) and you were injured in a car accident. You missed four weeks of work. In this scenario, you would lose $4,000. Personal injury claims can become more complex depending on the severity and nature of the injury. If you are permanently disabled and unable to return to work, you could be entitled to damages including future loss of earnings and advancement potential. In these instances the evidence to prove your loss of earning potential is as simple as presenting evidence that you were able to take positions in the past for the same amount that you could have earned. You may also need to submit other documents to prove that you have lost wages. This might include a letter of verification from your employer, tax records profits and loss statements, receipts or invoices as well as business bank accounts or financial-related correspondence. When calculating your lost wages bonuses and commissions may also be taken into account. In Edinburg injury attorneys of the other driver could cover your lost wages in an no-fault claim. If this is the scenario, you do not have to file a personal injury lawsuit in addition to your no fault claim. If you've been injured in a car accident in New York, or any other kind of injury, you should speak with an experienced personal injury lawyer. This can assist you in having to navigate the legal process on your own. It will also ensure that you are compensated for your medical bills and lost wages, as well as pain and suffering, and other expenses.