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What Is a Personal Injury Claim? A personal injury claim involves a person suffering emotional or physical harm due to another's negligence. The victim could be awarded compensation for a variety of damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel costs for appointments or home modifications, as well as care costs for permanent disabilities or impairments. Certain victims could also be entitled to specific damages for mental suffering. Damages Personal injury claims seek compensation for the damages an injured party has suffered due to the negligence or other individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and type of injuries sustained. Compensation can cover medical expenses, lost earnings, emotional distress and pain and suffering. Punitive damages which are awarded in the case of recklessness beyond the limits, may also be claimed. The types of compensation that can be claimed in personal injury cases are classified into two categories: special and general damages. The financial losses and expenses incurred are known as special damages and are typically quantifiable in real dollars. Maintaining detailed records and receipts for any losses or expenses can aid in maximizing the amount of money reimbursed by special damages. Future damages aren't always easy to estimate, as they are dependent on the extent of the injury as well as the expected 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 required due to permanent disabilities. General damages are more subjective and include the cost of discomfort and pain that result from an accident. This includes the compensation for past discomfort and pain as well as for future pain and suffering that is reasonably foreseeable in light of the severity of an injury. It is important to have an experienced lawyer represent you since they will be able to accurately assess your claim for pain and suffering in light of the facts of your particular case. Other forms of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate a victim for the negative effect an injury has on their ability to engage in activities they previously enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims establish the appropriate compensation for these types damages. Medical bills Medical expenses can constitute a large part of a personal injury settlement particularly when the victim has suffered serious injuries. If the person who suffers an injury doesn't have an existing insurance policy that covers them, such as car insurance or health insurance policy, they will be accountable for medical expenses that were included in the settlement for personal injuries. The type of medical-related damages that can be claimed in a personal injury case include any medical costs incurred by the accident victim which includes hospital visits, surgery and physical therapy, home health care, and medications. Victims of accidents can also claim future medical expenses likely to arise from their injuries. These can include future surgeries, rehabilitation treatments, or the need for long-term medications. It is important that accident victims stay current on their treatment and communicate with their medical professionals. This will allow them to prove that their suffering is financially worth. Being current with treatment options will aid in recovering sooner, which can be important when proving the merits of their claim for pain and suffering. In some instances medical bills can be so high that they surpass the total settlement of the plaintiff. A lien reduction attorney will assist in negotiating the outstanding medical charges so that the victim receives more money. Non-economic damages are 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 damages are hard to quantify, but they could be compensated. If you are pursuing a claim for personal injury, it is essential to work closely an injury lawyer to ensure that all of your losses are taken into consideration. Suffering and pain Personal injury claims are a way to recover damages for physical pain and mental suffering. It may also cover other damages, such as loss of enjoyment of life. Pain and suffering are one of the more subjective types of damages that are difficult to quantify and prove. However, it is an important part of a personal injury claim. In most personal injury lawsuits, the plaintiff can recover both economic and noneconomic compensatory damages. The former are those that are based on tangible losses, such as medical expenses and lost wages. The latter include pain and suffering, loss in consortium and inconvenience, out of pocket costs and other non-monetary losses. Damages for physical pain and mental anguish are referred to as non-economic damages and are referred to as “pain and suffering.” They are not proved by receipts and don't have a set dollar amount associated with them. Therefore, it is left to the jury determine what an appropriate amount would be. A judge is often reluctant to modify the verdict of a jury for suffering and pain. A jury or judge can employ a variety of methods to determine the amount of suffering and pain. The multiplier method involves multiplying the actual damages by a certain number based on the seriousness of injuries. The per method assigns a dollar amount for each day of the victim's recovery until they reach maximum medical recovery. It is crucial to have as much documentation as you can regardless of whether you employ the multiplier method or the per diem method. Included in this are medical records, photographs, and witness testimony. In addition you should keep a diary detailing your injuries and how they have affected your life. This can help you recall the details of your case when you need to give evidence in depositions or hearings. If you are unable reach an agreement with the insurance company, it could be necessary to go to trial in order to solve your case. You can hire an experienced New York attorney to handle your case on your behalf. An experienced lawyer will manage your claim and maximize the amount you get for your pain and suffering. Loss of wages Lost wages can be the largest portion of compensation that injured victims receive through their personal injury lawsuit. These are the wages they could have earned if they hadn't been forced to miss work because of their injuries. These losses are often temporary and reversible. In some cases, however, they can be irreparable and permanent. For the majority of people, the easiest method to calculate lost wages is to examine the rate of their pay and multiply it by the amount of days or weeks they missed from work. Let's take an example: you normally make $25 an hour ($1,000 per week), and you were injured in a car accident that prevented you from going to work for four weeks. In this instance, you would lose $4,000. The complexities of personal injury claims can increase, based on the severity and nature of your injury. For instance, if you were permanently disabled by the accident and unable to return to your previous job, you might be eligible for damages that cover your future loss of income and the possibility of promotion. In these cases, you can prove your lost earning capacity by providing evidence of the kinds of jobs you could have taken on in the past and what kind of salary those jobs might have paid. You may also have to submit other documents to prove that you lost wages. This could include a verification letter for wages from your employer, tax records Profit and loss statements, invoices or receipts and business bank accounts or finance-related correspondence. Bonuses and commissions could also be considered when calculating your lost wages. In Santa Ana injury attorney , the insurance company of the other driver could cover your lost wages in an no-fault claim. If this is the scenario, you do not be required to bring a personal injury lawsuit in addition to your no fault claim. If you have been injured in a crash in New York, or any other kind of injury, you should speak with an experienced personal injury lawyer. This can aid you in navigating the stress of the legal process on your own. It will also ensure that you are compensated for your medical bills, lost wages, suffering and other expenses.