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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm as a result of the negligence of another. The victim could be entitled to compensation for medical expenses and pain, suffering and lost wages. Other costs could include travel appointments, home modifications, or the cost of care for those with permanent impairments. Some victims could also seek special damages for mental suffering. Damages A personal injury claim seeks compensation for damages suffered by an injured party due to the negligence of another 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 suffered. Compensation may include expenses like medical treatment and loss of earnings and could also include damages for physical impairment, and emotional distress. Punitive damages that are awarded in cases of extreme recklessness, may also be claimed. In a personal injury case the compensation is divided into two categories – general damages and special damages. Special damages refer to incurred expenses and financial losses, and are usually quantifiable. Keep complete records of all expenses or losses to maximize the amount of money that is repaid by special damages. Future damages are more difficult to quantify because they are based on the severity of a victim's injuries and their expected long-term impact. Our attorneys will work with medical experts to estimate the cost for ongoing treatment, travel expenses to and from appointments, and any modifications or equipment that might be required due to permanent disabilities. General damages are more subjective and encompass compensation for the victim's discomfort and pain resulting from an accident. This includes compensation for pain and discomfort in the past, as well future suffering and pain based on severity of injury. It is crucial to have an experienced lawyer represent you as they can accurately estimate your claim for pain and suffering depending on the specific facts of your case. Other types of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative impact an injury has on them being in a position to enjoy the activities they used to enjoy. Loss of emotional distress or companionship is more difficult to quantify. However our lawyers have a wealth of experience in helping victims obtain the proper amount of compensation for these damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries particularly when the victim has suffered serious injuries. If the person who suffered an injury is not covered by prior coverage that is covered by their car insurance or health insurance policy, they will be responsible for the medical expenses which were part of the settlement for personal injury. The type of medical-related damages that may be claimed in a personal injury lawsuit include any medical expenses for the victim such as hospital visits, surgery and physical therapy, home health care, and medications. Additionally an accident victim may also claim the cost of future medical expenses that are anticipated to result from their injuries. These expenses can include future surgery, rehabilitation treatments or the requirement for long-term medication. It is essential that victims of accidents keep up with their treatment, and fully communicate with their medical professionals. This will help them prove that their suffering is worth a dollar. In addition, staying current with treatments will help the victim to recover quicker, which is important in proving the validity of their pain and suffering claim. In certain instances medical bills may be so high that they exceed the settlement amount of a plaintiff. A lien reduction attorney will assist in negotiating the outstanding medical bills so that the accident victim receives more money. Non-economic damages can be equally important as the financial value of an injured person's medical expenses. These damages can be emotional stress and a loss of enjoyment of life. These damages are difficult to quantify, but they could be compensated. It is important to work with an experienced injury lawyer when you pursue a personal injury claim to ensure that all your losses are taken into consideration. Suffering and pain A personal injury lawsuit covers the costs incurred by the physical pain of a victim and mental stress. Other damages, such as the loss of enjoyment of living, can be included. Pain and suffering are one of the more subjective types of damages that are difficult to quantify and prove. It is still an important element of a personal injury claim. In the majority of personal injury cases the plaintiff can seek both non-economic and economic compensatory damage. The first are tangible losses, such as medical costs and lost wages. The latter include things like pain and suffering, loss of consortium, inconvenience, out-of-pocket costs, and other losses that are not directly financial. Damages for mental and physical anguish are referred to as non-economic damage and are referred to as “pain and suffering.” They are not proved by receipts and don't have a set dollar amount that is attached to them. It is the jury to decide what an appropriate amount should be. Judges are often reluctant to change the jury's pain and suffering award. There are several methods that jurors or judges could use to calculate the value of a victim's pain and suffering. Hammond injury attorneys is based on multiplying the actual damages by a specific number based on the seriousness of injuries. The per diem method assigns a dollar amount for each day of the victim's recovery until they reach the maximum medical recovery. It is important to provide as much documentation as you can regardless of whether you are using the multiplier method or the per-diem method. This includes medical records, photographs witnesses' testimony, other relevant documents. You should also keep journals that detail your injuries as well as the impact they've had on your life. This can help you recall the details of your case if you need to testify in depositions or hearings. If you are unable to reach an agreement with your insurance company, you may require a court appearance to resolve your issue. You can engage an New York attorney to handle your case for you. A seasoned lawyer will be able to handle your claim and maximize the amount you get for your suffering and pain. Lost wages Loss of wages can make up a large part of the settlement that injured victims receive from their personal injury claim. This is the amount they would have earned had they not been forced to miss their job because of their injuries. These losses are often temporary and reversible. In some cases they can be irreparable or permanent. Most people determine their lost earnings by multiplying their pay rate by the number of weeks or days they were off work. Let's say that you normally earn $25 an hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this case you'd lose $4,000. The complexity of personal injury cases can increase, based on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you could be entitled to compensation, including your future loss of earnings as well as your promotion potential. In these instances you can prove your income loss by showing evidence of the kind of jobs you could have accepted in the past and what kind of wages those jobs would have earned. You may also be required to provide additional documentation in order to prove your lost wages. You may need to provide an employer's letter verifying your lost wages, as well as tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or other correspondence related to finance. Bonuses and commissions can be taken into consideration when calculating your lost wages. In some instances it is possible that the insurance company may be able to 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 an additional personal injury lawsuit on top of your no-fault claim. Contact a seasoned personal injury lawyer if you were injured in an automobile accident or other injuries in New York. This will help you escape the pressure of the legal system and ensure that you receive compensation for medical expenses, lost income, suffering, and other expenses.