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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional harm as a result of the negligence of a third party. The victim can receive compensation for a variety of damages, including medical bills as well as pain and suffering and lost wages. Other expenses might include travel costs to appointments and home modifications as well as care costs for permanent impairments or disabilities. Certain victims could also be entitled to special damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that the victim suffers due to negligence of another individual or. Victims are entitled to compensation for both economic and non-economic losses. The amount of compensation is contingent on the severity and type of injuries suffered. Compensation may cover medical expenses as well as lost earnings, emotional distress, and pain and suffering. Punitive damages, which are awarded in instances of extreme recklessness, may also be sought. The types of compensation that can be claimed in a personal injury case fall into two categories: special and general damages. The financial losses and expenses incurred are known as special damages, and they are usually quantifiable in actual dollar amounts. Keep detailed records and receipts for any losses or expenses will help maximize the amount of money refunded through special damages. You Tube are harder to quantify, as they are based on the severity of a victim's injuries and the expected long-term impact. Our attorneys can work with medical experts to determine the estimated cost of ongoing treatment, the additional expenses for transport to and from appointments and any modification or equipment requirements that result from permanent disabilities. General damages are typically more subjective and can include compensation for a victim's suffering and pain due to an accident. This includes compensation for past pain and discomfort, as well as future suffering and pain that is reasonably anticipated depending on the severity of an injury. This is why it's crucial to have a skilled lawyer representing you, since they'll know how to assess your claim for pain and suffering and give accurate estimates based on the specifics of your case. Other forms of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their being in a position to enjoy the activities they used to love. Loss of emotional distress and companionship can be more difficult to quantify, however our lawyers have extensive experience assisting victims in establishing the appropriate compensation for these kinds of damages. Medical bills Medical expenses can constitute a large part of a settlement for personal injuries, especially when the victim has suffered severe injuries. If the person who suffered an injury doesn't have preexisting coverage paid by their car insurance or health insurance policy, they are responsible for the 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 claim include any medical expenses incurred by the accident victim, including hospital visits, surgery, physical therapy, home care and medication. Accident victims may also be able to claim future medical expenses expected to result from their injuries. These can include future surgeries, rehabilitation procedures or the necessity for long-term medical treatment. It is important that accident victims remain current in their treatment and communicate with their medical professionals. This will allow them to prove that the suffering and pain they are experiencing has a monetary value. In addition, staying current with treatments can help a victim of an accident to recover quicker which is essential in proving the validity of their claim for pain and suffering. In some instances, the medical bills may be so substantial that they will overtake the total settlement of a plaintiff. If this is the situation, a lien reduction attorney can assist in negotiating the outstanding medical debt so that more money is put into the pocket of the victim of the accident. Non-economic damage claims can be just as important as the financial value of a person's medical bills. They could include emotional distress and loss of enjoyment life, and loss of consortium. These damages are hard to quantify, but they can be compensated. It is important to consult with a seasoned injury lawyer when you pursue personal injury claims to ensure that all of your losses are taken into account. Pain and suffering A personal injury claim is a way to recover the damages resulting from the physical pain of a victim and mental anguish. Other damages, such as the loss of enjoyment of living, are also covered. The concept of 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 element of a personal injury claim. In the majority of personal injury cases the plaintiff is able to recover both economic and noneconomic compensatory damages. The first are tangible losses such as medical costs and lost wages. These include things such as suffering and suffering loss of consortium, inconvenience, out-of-pocket costs and other losses that aren't directly financial. Non-economic damages are also referred to as “pain & suffering” and cannot be proved by receipts. They don't include a dollar amount. It is up to the jury to decide what is a fair amount to award. A judge is often not willing to alter the pain and suffering award. A judge or jury 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. Another option is the per diem method which assigns a daily dollar value to each day until the victim has reached maximum medical recuperation. It is essential to provide as much documentation as is possible, whether you use the multiplier method or the per-diem method. Included in this are medical records, photographs and witness testimony. In addition you should keep a journal detailing your injuries and how they impacted your life. This can help you recall the details of your case when you need to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it may be necessary for you to go to court to resolve your case. You can hire an attorney in New York to handle your case. A seasoned lawyer can manage your claim to maximize your settlement for the pain and suffering. Loss of wages Lost wages can be the largest portion of settlement that injured victims receive from their personal injury claim. These are wages they could have earned if they hadn't been forced to miss work because of their injuries. The majority of these losses are temporary and reversible. In some cases however, they could be permanent and irreparable. Most people can determine their lost earnings by multiplying their wage by the number of weeks or days they were out of work. Let's say you earn $25 an hour ($1,000 per weekly) and you're injured in a traffic collision. You missed four weeks of work. In this instance you'd lose $4,000. Personal injury cases can become more complex depending on the severity and nature of your injury. For instance, if you were permanently disabled by the accident and cannot return to your previous job, you might be entitled to damages that include the loss of future income and potential for promotion. In these situations you can prove your lost earning capacity by showing evidence of the kind of jobs you may have taken on in the past and what kind of wages those jobs would have offered. You may also be required to provide other documents in order to prove your lost wages. You might 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 any correspondence related to finance. When calculating your lost wages bonuses and commissions may be considered too. In some instances, the insurance company of the other driver may pay your lost wages as a no-fault lawsuit. If this is the situation, you shouldn't be required to file a personal injury lawsuit in addition to your no fault claim. If you've been injured in a car crash in New York, or any other type of injury you should consult an experienced personal injury lawyer. This will help you escape the burden of the legal system and ensure that you receive compensation for medical expenses loss of income, suffering, and other expenses.