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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm due to the negligence of another. The victim may be entitled to compensation for medical bills and pain, suffering and lost wages. Other expenses could include travel to appointments, home modifications, or care costs for permanent impairments. Certain victims could also be entitled to specific damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that an injured person is suffering due to negligence of an individual or another. A victim can recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and nature of injuries sustained. Compensation can cover medical expenses loss of earnings, emotional distress, and pain and suffering. Punitive damages are possible in the event of extreme negligence. In a personal injury case the compensation is split into two categories namely general damages and special damages. Expenses and financial losses incurred are referred to as special damages, and they are typically quantifiable in real dollar amounts. Keep detailed records of any expenses or losses to maximize the amount that can be repaid through special damages. Future damages are more difficult to quantify, as they are based on the severity of a victim's injuries and their expected long-term impact. Our lawyers will work with medical experts to determine the estimated 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 compensation for the victim's discomfort and pain that result from an accident. This includes compensation for pain and discomfort that has occurred in the past, as well as future pain and suffering that is reasonably previsible depending on the severity of an injury. It is essential to have an experienced attorney represent you since they can accurately assess your claim for pain and suffering in light of the facts of your particular case. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative effect that an injury has on their ability to participate in activities they previously enjoyed. Loss of emotional distress or companionship is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims get the right compensation for these kinds of damages. Medical bills Medical bills can comprise the majority of a personal injury settlement especially if the victim has suffered severe injuries. If the injured party did not have prior coverage that was covered by either an insurance policy for cars or health insurance policy, they are responsible for paying back the amount of the medical expenses from the settlement for personal injury. Medical-related damages include hospital visits, surgery and physical therapy. They also cover medications and home care. In addition the victim of an accident can also claim the cost of future anticipated medical expenses resulting from their injuries. These expenses could include surgeries, rehabilitation treatments or the need for long-term medications. It is vital that victims of accidents keep up with their treatment, and communicate fully with their physicians. This will prove that the suffering and pain they are experiencing has a monetary value. Also, keeping current with treatments will help the victim recover faster and is crucial in proving the merits of their pain and suffering claim. In some instances medical bills can be so large that they exceed the settlement amount of the plaintiff. If this is the situation the lien reduction lawyer can help negotiate the medical debt to ensure that more money is put into the accident victim's pocket. Non-economic losses can be as significant as medical bills for an injured person. These damages could include emotional stress and a loss of enjoyment of living. These kinds of damages are difficult to quantify, yet they can still be compensated for. If you're pursuing a claim based on personal injury, it's important to work closely with an injury lawyer to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury claim covers the damages resulting from the physical pain of a victim and mental anguish. It may also cover other damages like loss of enjoyment of life. Pain and suffering is one of the more subjective types of damages that can be difficult to quantify and prove. It is still an important element of a personal injury claim. In most personal injury lawsuits the plaintiff is able to recover both non-economic and economic compensation damages. The first are tangible losses such as medical expenses and lost wages. The latter category includes the loss of suffering and pain, in consortium, inconvenience, out of pocket costs and other non-monetary losses. Non-economic damages are also referred to as “pain and suffering” and are not able to be proven by receipts. They do not include a dollar amount. It is up to the jury to decide what an appropriate amount should be. A judge is usually not willing to alter the pain and suffering award. There are many methods a judge or jury could utilize to determine the amount of the suffering and pain suffered by a victim. Camden injury attorneys YouTube involves multiplying the actual damages by a particular number based on the severity of injuries. Another method is the per diem method, which assigns a daily dollar value to each day until the victim has reached maximum medical recovery. Whether you are using the multiplier or per diem method, it is vital that you submit as much documentation and evidence for your claim as you can. This includes medical records, photos, witness testimony, and other relevant documents. You should also keep journals that detail your injuries and the impact they've had on your life. This will help you remember the details of your case if you have to testify in depositions or hearings. If you are 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 employ an New York attorney to handle your case on your behalf. A seasoned lawyer can manage your claim to maximize your amount of compensation for pain and suffering. Lost wages Lost wages can be an important component of the compensation injured victims receive from their personal injury claim. They are the wages they would have received had they not been forced to miss work due to their injuries. These losses are usually temporary and can be recouped. In certain instances, they could be irreparable or permanent. The majority of people calculate their lost wages by multiplying their wage by the number weeks or days they were out of work. Let's say that you normally earn $25 an hour ($1,000 per week) and you were injured in a traffic accident. You missed four weeks of work. In this case you'd lose $4,000. Personal injury claims can become more complicated depending on the severity and nature of the injury. If you are permanently disabled and unable return to work, you could be entitled to compensation, including your future loss of earnings as well as your promotion potential. In these cases, you can prove your loss of earning capacity by presenting evidence of the types of jobs you could have accepted in the past, and what kind of wages those jobs would have earned. You may also need to submit other documents to prove that you have lost wages. This could include a letter of verification from your employer, tax records Profit and loss statements, invoices or receipts, business bank accounts, or any correspondence related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some instances, the insurance company of the other driver might cover your lost wages in an no-fault claim. If this is the case you shouldn't need to file a personal injury lawsuit in addition to your no-fault claim. If you have been injured in a car accident in New York, or any other type of injury, you should speak with an experienced personal injury lawyer. This will help you avoid the stress of the legal system and ensure that you receive compensation for medical expenses, lost income, pain and suffering, and other expenses.