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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical injury due to the negligence of another. The victim may be entitled to compensation for medical bills and pain, suffering and lost wages. Other costs could include travel appointments, home modifications, and expenses for care for permanent impairments. Certain victims could also be entitled to specific damages for mental suffering. Damages Personal injury claims seek to recover compensation for the damages the victim has suffered due to the negligence of another individual or. Victims may be compensated for both economic and other losses. The amount of compensation awarded will depend on the severity of the accident as well as the type of injuries sustained. Compensation may cover medical expenses loss of earnings, emotional distress and suffering and pain. Punitive damages which are awarded in the case of extreme recklessness, can also be claimed. In a personal injury lawsuit, compensation is divided into two categories – special damages and general damages. Special damages are the result of incurred costs and financial losses, and are usually quantifiable. Keep detailed records of any expenses or losses to maximize the amount reimbursed by special damages. Future damages are difficult to quantify because they depend on the severity of a victim's injuries and their expected long-term impact. Our lawyers can work with medical professionals to determine the estimated costs of ongoing treatment, the additional expenses for transport to and from appointments and any other modifications or equipment needs that will result from permanent disabilities. General damages are usually more subjective and may include compensation for a victim's pain and suffering due to an accident. This includes the compensation for discomfort and pain in the past, and future suffering and pain based on severity of injury. This is why it's crucial to hire a competent lawyer representing you, since they'll be able to value your claim for pain and suffering and give accurate estimates based on the facts of your case. Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their ability to be able to enjoy 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 obtain the right compensation for these kinds of damages. Medical bills Medical expenses can constitute a large part of a settlement for personal injuries especially if the victim has sustained serious injuries. Unless the injury victim had prior coverage that was covered through a car insurance policy or health insurance, they'll be accountable for the amount of the medical costs from the settlement for personal injury. Medical-related injuries include hospital visits, surgeries and physical therapy. They also cover home care and medication. In addition the victim of an accident can also claim future anticipated medical expenses resulting from their injuries. These costs could include future surgery, rehabilitation treatments or the need for long-term medications. It is crucial that victims of accidents stay up-to-date in their treatment and communicate with their medical professionals. This will help them prove that their pain and suffering is financially worth. Staying current with treatments will aid the recovery of an accident victim faster, which is important when proving their case for their pain and suffering claim. In some cases, medical bills can be so high that they surpass the total settlement of the plaintiff. A lien reduction attorney will help negotiate the outstanding medical charges so that the victim receives more money. Non-economic damages are 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. These damages are difficult to quantify, but they could be compensated. It is important to work with an experienced injury lawyer when you are pursuing a personal injury claim to ensure that all of your losses are considered. Pain and suffering A personal injury claim covers the damages resulting from the physical pain and mental anguish. Other damages, such as the loss of enjoyment living, may be covered. The concept of pain and suffering is one of the most subjective types of damages that can be difficult to quantify and prove. It's still an important component of a personal injury claim. In most personal injury lawsuits the plaintiff can seek both non-economic and economic compensatory damages. The first is tangible losses such as medical expenses and lost wages. These include things like pain and suffering as well as loss of consortium inconvenience, out-of-pocket expenses and other losses that are not directly related to money. Non-economic damages are also referred to as “pain & suffering” and are not able to be proven with receipts. They don't have an attached dollar amount. It is up to the jury to decide what a fair award should be. A judge will often be reluctant to modify a jury's award for pain and suffering. A judge or jury may use several methods to calculate the amount for suffering and pain. One method is the multiplier method, which involves multiplying the amount of damages by a figure which is determined by the severity of the injury. Another option is the per diem method which assigns a daily dollar value for each day until the victim has reached maximum medical recovery. It is essential to provide as much documentation as is possible, whether you use the multiplier method or the per diem method. This includes medical records, photographs witnesses' testimony, other relevant documents. Additionally you should keep a record detailing your injuries and how they impacted your life. This will aid in remembering the specifics of your case should you are required to testify at depositions or in court. If you cannot reach an agreement with your insurance company, you could need to go to court to resolve your case. You can engage an attorney in New York to handle your case. An experienced lawyer can manage your claim to maximize your compensation for suffering and pain. Lost wages The compensation injured victims receive for their personal injury claims can include a large amount of lost wages. These are wages they would have received if they hadn't been forced to miss work because of their injuries. The majority of these losses are temporary and can be recouped. In certain cases however, they could be permanent and irreparable. Most people can calculate their lost wages by multiplying their salary by the number of weeks or days that they were off work. Let's say Orem injury lawsuit youtube.com earn $25 an hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this instance the loss of earnings would be $4,000. The complexity of personal injury cases can increase, based on the nature and severity of your injury. If you are permanently disabled and unable to return to work, you could be entitled to damages, including your future loss of earnings and advancement potential. In these situations, proving your lost earning potential is as easy as proving that you were able to take jobs in the past with the amount you could have earned. You may also be required to submit other documentation in order to prove your lost wages. You may need to provide a letter from your employer verifying your lost wages, along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or correspondence related to finance. Bonuses and commissions can also be considered 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, you should not be required to make a personal injury claim in addition to your no-fault claim. Consult an experienced personal injury lawyer if have been injured by an automobile accident or other injury in New York. This will assist you in having to navigate the legal process on your own and ensure that you are compensated for your medical bills as well as lost wages, pain and suffering, and other losses.