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What Is a Personal Injury Claim? A personal injury claim is a person suffering emotional or physical injury as a result of another's negligence. The victim could be entitled to compensation for medical expenses, pain, suffering, and lost wages. Other costs could include travel appointments, home modifications and care costs for permanent impairments. Some victims could also seek special damages for mental pain. Damages A personal injury claim seeks compensation for the losses suffered by an injured person because of the negligence of a third party. Victims may be compensated for both economic and non-economic damages. The amount of reimbursement depends on the severity of the accident as well as the type of injuries suffered. Compensation may include expenses such as medical care and loss of earnings and could also include the cost of physical impairment, and emotional distress. Punitive damages which are awarded in cases of extreme recklessness, can also be claimed. In a personal injury case the compensation is split into two categories namely special damages and general damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Keep detailed documents and receipts for any losses or expenses will help maximize the amount of money refunded through special damages. Future damages are more difficult to quantify, as they depend on the severity of the injuries sustained by a victim and their expected long-term impact. Our lawyers will collaborate with medical professionals to determine the estimated costs for ongoing treatment, travel costs to and from appointments, and any equipment or modifications that might be required due to permanent disabilities. General damages are more subjective and comprise compensation for the victim's discomfort and pain that result from an accident. This includes compensation for past discomfort and pain, as well as future pain and suffering that is reasonably previsible based on the severity of the injury. It is important to have an experienced attorney represent you, as they will be able to accurately estimate the amount of your claim for pain and suffering based on your case facts. 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 impact an injury can have on their ability to be in a position to enjoy the activities they used to love. Loss of companionship or emotional distress is more difficult to quantify. However our lawyers have a wealth of experience in helping victims get the appropriate compensation for these types damages. Medical bills Medical expenses can make up a significant portion of an injury claim, particularly if an accident has left the victim with serious injuries. If the person who suffered an injury doesn't have prior coverage that is covered by their car insurance or health insurance policy, they will be accountable for medical expenses which were part of the settlement for personal injuries. Medical-related injuries include hospital visits, surgeries, and physical therapy. They also include home care and medication. Additionally an accident victim may also claim reimbursement for future anticipated medical expenses resulting from their injuries. These expenses can include future surgeries, rehabilitation treatments or the need for long term medication. It is crucial that accident victims keep up with their treatment and communicate fully with their physicians. This will show that the suffering and pain they are experiencing has a monetary value. Staying current with treatments will aid in recovering faster, which is important when proving the merits for their claim for pain and suffering. In certain instances, medical bills can be so high that they exceed the total settlement of a plaintiff. If this is the case an attorney who specializes in lien reduction can help negotiate the outstanding medical debts so that more money can be put into the accident victim's pocket. Non-economic damages can be just as important as the financial value of a person's medical expenses. These damages can include emotional distress and loss of enjoyment of living. These types of damages are more difficult to quantify, yet they can still be compensated for. It is essential to work with an experienced injury lawyer when you pursue an injury claim in order to ensure that all your losses are considered. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. It may also cover other damages like loss of enjoyment of life. Pain and suffering is one of the types of damages that are subjective that can be difficult to quantify and prove. It's still an important part of a personal injuries claim. In most personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The former are those that can be tied to tangible losses, like medical expenses and lost wages. These include things such as pain and suffering as well as loss of consortium inconvenience, out-of-pocket expenses and other losses that are not directly financial. Damages for physical pain and mental anguish are referred to as non-economic damages and are also referred to as “pain and suffering.” They are not established with receipts and do not have a fixed dollar amount associated with them. It is up to the jury to decide what a fair award should be. A judge is often unwilling to alter a jury's award for suffering and pain. There are several methods that jurors or judges could utilize to determine the amount of the victim's suffering and pain. The multiplier method involves multiplying the actual damages by a certain amount based on the severity of injuries. The per dia method assigns a certain dollar amount for each day of the victim's recovery until they reach maximum medical recovery. It is essential to provide as much documentation as you can regardless of whether you employ 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 will help you remember the details of your case in the event that you need to testify in depositions and hearings. If you are unable reach an agreement with the insurance company, it could be necessary for you to go to court to solve your case. You can employ an attorney in New York to handle your case. A seasoned lawyer will manage your claim and maximize the amount you get for your pain and suffering. Lost wages Lost wages can be the largest portion of compensation that injured victims receive through their personal injury lawsuit. YouTube is the amount they would have received had they not been forced to take time off work due to their injuries. The majority of these losses are temporary and can be recouped. In certain cases, however, they can be irreparable and last forever. For most people, the most straightforward way to calculate lost wages is to examine their pay rate and then multiply it by the number of days or weeks they were absent from work. Let's take an example: you usually earn $25 per hour ($1,000 per week) but you were injured in a car crash that kept you out of work for four weeks. In this instance you'd lose $4,000. Personal injury claims can become more complicated based on the severity and nature of the injury. If you are permanently disabled and cannot return to work, you could be entitled to damages, including your future loss of earnings as well as your promotion potential. In these situations you can demonstrate your lost earning capacity by providing evidence of the kinds of jobs you could have accepted in the past and what kind of salary those jobs might have earned. You might also have to provide additional documentation in order to prove your lost wages. This could include a wage verification letter from your employer tax records, tax records, profit and loss statements, receipts or invoices and business bank accounts or financial-related correspondence. When calculating your lost wages, bonuses and commissions can be considered too. In some instances the insurance company of the other driver may cover your lost wages in an no-fault claim. If this is the scenario, you do not need to bring a personal injury lawsuit in addition to your no-fault claim. Contact a seasoned personal injury attorney if you were injured in an accident in the car or another injuries in New York. This can aid you in navigating the stress of the legal process on your own and ensure that you get compensation for your medical bills and lost wages, as well as suffering and other expenses.