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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 awarded compensation for various damages, such as medical bills as well as pain and suffering and lost wages. Other expenses could include travel to appointments, home modifications, and care costs for permanent impairments. Some victims may also be entitled to specific damages for mental suffering. Damages A personal injury claim seeks to recover for the damages sustained by an injured party due to the negligence of an individual. Victims are entitled to compensation for both economic and non-economic damages. The amount of compensation is contingent on the severity of an accident and the types of injuries sustained. Compensation may include expenses like medical treatment and loss of earnings, and could also include the cost of suffering and pain, physical impairment, and emotional distress. Punitive damages that are awarded in the case of recklessness beyond the limits, may also be sought. The types of compensation that can be claimed in a personal injury case can be classified into two categories: special and general damages. The financial losses and expenses incurred are referred to as special damages and are typically quantifiable in real dollar amounts. Keep complete records of all expenses or losses to maximize the amount reimbursed by special damages. Future damages can be difficult to calculate, as they are dependent on the severity of the injury and its expected long-term effects. Our attorneys can work with medical experts to determine the estimated costs of ongoing treatment, the additional expenses for transport to and from appointments, and any modifications or equipment requirements that result from permanent disabilities. General damages are more subjective and comprise compensation for the victim's discomfort and pain that result from an accident. This includes the compensation for past discomfort and pain and also future suffering and pain that is reasonably previsible in light of the severity of the injury. It is important to choose an experienced attorney represent you, as they will be able to 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 effect an injury has on them being capable of enjoying the activities they used to love. Loss of emotional distress or companionship is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical expenses can be the largest portion of a personal injury claim, especially when an accident has left the victim with serious injuries. If the victim of the accident did not have prior coverage that was covered through an insurance policy for cars or health insurance policy, they are responsible for paying back the amount of the medical expenses from their personal injury settlement. The type of medical-related damages that can be claimed in a personal injury lawsuit include any medical expenses that the victim of the accident has to pay such as hospital visits, surgeries or physical therapy, home care, and medication. Additionally, an accident victim can also claim future medical expenses that are anticipated to result from their injuries. These can include future surgeries, rehabilitation treatments, or the need for long-term medication. It is important that accident victims remain current in their treatment and communicate with their medical professionals. This will allow them to show that the suffering and pain they experience has financial value. Also, keeping current with treatment options can help an accident victim to recover quicker, which is important in proving the merits of their claim for pain and suffering. In certain cases, medical bills could be so large that they overtake the total settlement 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 just as important as the amount of medical bills for a person who has been injured. These damages can be emotional stress and a loss of enjoyment of living. These kinds of damages are more difficult to quantify, but can still be compensated for. If you are pursuing a claim for personal injury, it is important to work closely with an injury lawyer to ensure that all of your losses are considered. Pain and suffering A personal injury lawsuit covers damages related to the physical pain of a victim and mental anguish. Other damages, such as the loss of enjoyment living, may be covered. Pain and suffering is one of the most subjective types of damages and can be difficult to prove and quantify. It is still an important component of a personal injury claim. In most personal injury lawsuits the plaintiff is able to recover both non-economic and economic compensatory damage. The first category is tangible losses like medical expenses and lost wages. The latter includes things like suffering and suffering loss of consortium, inconvenience, out-of-pocket expenses and other losses that are not directly related to money. Damages for mental and physical anguish are known as non-economic damages and are referred to as “pain and suffering.” They aren't proved by receipts and don't have a set dollar amount associated with them. Therefore, it is up to the jury to decide what they believe a fair award would be. A judge is usually unwilling to alter the verdict of a jury for suffering and pain. There are a variety of methods jurors or judges can employ to determine the value of a victim's pain and suffering. One of them is the multiplier method, which involves multiplying the amount of damages by a number that is based on the severity of the injury. The per method assigns a dollar amount to each day of the victim's recovery until they reach the maximum medical recovery. It is crucial to have as much documentation as is possible regardless of whether you employ the multiplier method or the per-diem method. Included in this are medical records, photographs and witness testimony. Santa Clara injury attorney is also recommended to keep a journal that details your injuries and the effect they have affected your life. This can help you recall the details of your case if you need to testify in depositions or hearings. If you're unable to reach an agreement with your insurance company, you might have to go to court to resolve your issue. You can hire an experienced New York attorney to handle your case on your behalf. A seasoned lawyer can manage your claim and maximize the compensation you receive for your suffering and pain. Lost wages The compensation that injured victims receive in their personal injury claims can include a large amount of lost wages. They are the wages they would have received in the event that they weren't forced to miss work because of their injuries. These losses are often temporary and reversible. In certain cases, they may be permanent or irreparable. The majority of people calculate their lost wages by multiplying their pay rate by the number weeks or days they were out of work. Let's take an example: you normally make $25 per hour ($1,000 per week) and you were injured in a car crash that prevented you from going to work for four weeks. In this instance, you would lose $4,000. Personal injury cases can become 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 which include your future loss of earnings as well as your promotion potential. In these cases the evidence to prove your loss of earning potential is as simple as proving that you were able to take jobs in the past with the amount you could have earned. You may also need to submit other documents to prove that you lost wages. You may be required to provide a letter from your employer that confirms your lost wages, along with tax records, profit-and-loss statements invoices, receipts, bank statements for business, or any correspondence regarding finance. Bonuses and commissions can be taken into consideration when calculating your lost wages. In certain cases the insurance company of the other driver could pay your lost wages as a no-fault claim. If this is the case, you shouldn't have to file a separate personal injury lawsuit on top of your no-fault lawsuit. Consult an experienced personal injury attorney if you were injured in an accident in the car or another injury in New York. This will aid you in navigating the stress of the legal procedure on your own. You can also ensure that you receive compensation for medical expenses and lost wages, as well as suffering and other expenses.