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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 could be awarded compensation for various damages, including medical bills, pain and suffering, and lost wages. Other expenses could include travel costs for appointments, home modifications, and care costs for permanent disabilities or impairments. Certain victims could also be entitled to specific damages for mental suffering. Damages A personal injury claim seeks compensation for the damages sustained by an injured party due to the negligence of an individual. The victim may seek damages for both economic and non-economic losses. The amount of reimbursement depends on the severity of an accident and the nature of injuries suffered. Compensation can cover expenses like medical costs and loss of earnings, and could also include damages for suffering and pain, physical impairment, as well as emotional distress. Punitive damages, which are awarded in cases of extreme recklessness, may also be sought. In a personal injury case the compensation is split into two categories: special damages and general damages. Special damages are the result of incurred costs and financial losses, and are typically quantifiable. Keep detailed records of any expenses or losses in order to maximize the amount that can be repaid through special damages. Future damages can be difficult to determine, as they are dependent on the extent of an injury and the expected long-term effects. Our attorneys can work with medical experts to establish the estimated costs of ongoing treatment, additional expenses for travel to and from appointments and any other modifications or equipment needs that will result from permanent disabilities. General damages are usually more subjective, and include compensation for a victim's pain and suffering due to an accident. This includes compensation for pain and discomfort in the past, and future pain and suffering dependent on the severity of the injury. This is the reason it's essential to have a skilled attorney on your side, as they will know how to value your claim for suffering and pain, and will provide accurate estimates based upon the specifics of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative effect an injury has on them being in a position to enjoy the activities that they used to enjoy. Loss of companionship or emotional distress is more difficult to quantify. However our lawyers have years of experience in helping victims obtain the appropriate amount of compensation for these damages. Medical bills Medical bills can comprise an important portion of a personal injury settlement, especially when the victim has sustained serious injuries. Unless the injury victim had prior coverage that was covered through an insurance policy for cars or health insurance, they are accountable for the amount of medical expenses incurred from their personal injury settlement. The types of medical-related damages that can be claimed in a personal injury lawsuit include any medical expenses for the victim such as hospital visits, surgery, physical therapy, home care, and medication. Additionally, an accident victim can also claim the cost of future anticipated medical expenses resulting from their injuries. These expenses can include future operations, rehabilitation procedures or the requirement for long-term medication. It is essential that accident victims stay current on their treatment and communicate with their doctors. This will allow them to prove that the suffering and pain they are experiencing has a financial value. In addition, staying current with treatment options can help a victim of an accident to recover quicker, which is important in proving the value of their claim for pain and suffering. In some instances, the medical bills may be so significant that they would overtake the total settlement of a plaintiff. If this is the situation an attorney who specializes in lien reduction can assist in negotiating the outstanding medical debt so that more money can be put into the pockets of the victim. Non-economic losses can be just as important as the amount of medical bills for a person who has been injured. They can include emotional distress and loss of enjoyment life and loss of consortium. These damages are hard to quantify but can still be compensated. It is crucial to consult with an experienced injury lawyer when pursuing a personal injury claim to ensure that all of your losses are considered. Pain and suffering A personal injury claim is a way to recover the damages resulting from a victim's physical pain and mental anguish. Other damages, like the loss of enjoyment of living, can be included. The concept of pain and suffering is among the most subjective types of damages, and is difficult to prove and quantify. It's still an important element of a personal injury claim. In the majority of personal injury cases the plaintiff is able to seek economic and noneconomic compensatory damages. The former are those that can be linked to tangible losses, such as medical expenses and lost wages. The latter include things like pain and suffering, loss of consortium, inconvenience, out-of-pocket expenses and other losses that aren't directly related to money. Non-economic damages are also referred as “pain and suffering” and are not able to be proven with receipts. They don't have a dollar amount attached. It is the jury to decide what a fair award should be. Judges are often reluctant to change the jury's pain and suffering award. There are several methods that jurors or judges can use to calculate the value of the suffering and pain suffered by a victim. One of them is the multiplier method, which involves multiplying actual damages by a figure that is based on the severity of the injury. Another method is the per diem method which assigns a daily dollar value for each day until the victim has reached maximum medical recovery. It is important to provide as much documentation as possible regardless of whether you employ the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. Keep journals that detail your injuries and the impact they have had on your life. This will help you remember the specifics of your case should you have to testify at depositions or in court. If you're unable to reach an agreement with the insurance company, it could be necessary to go to trial in order to resolve your case. You can engage a New York attorney to handle your case for you. A seasoned lawyer will be able to manage your claim and maximize the compensation you receive for your suffering and pain. Loss of wages Lost wages are an important component of the settlement that injured victims receive from their personal injury claims. These are the wages they could have earned in the event that they weren't forced to miss work because of their injuries. Often, these losses are temporary and reversible. In some cases they can be permanent or irreparable. For most people, the most straightforward way to calculate lost wages is to look at their pay rate and multiply it by the number of days or weeks they were absent from work. Let's say that you normally earn $25 an hour ($1,000 per weekly) and were injured in a traffic collision. You missed four weeks of work. In this case, you would lose $4,000. The complexities of personal injury cases can increase, depending on the nature and severity of your injury. If you are permanently disabled and cannot return to work, you may be entitled to damages which include your future loss of earnings and promotion potential. In these cases the proof of your loss in earning potential is as simple as presenting evidence that you were able to take positions in the past for a salary you could have earned. You may also need to provide other documents in order to prove your lost wages. This might include a wage verification letter from your employer tax records, profit and loss statements, invoices or receipts, business bank accounts, or finance-related correspondence. Bonuses and commissions could be included in the calculation of your lost wages. In certain cases it is possible that the insurance company could pay for your lost wages as part of your no-fault claim or settlement agreement. If this is the case, you should not be required to bring a personal injury lawsuit in addition to your no fault claim. Consult Ventura injury attorney experienced personal injury attorney if you were injured in an accident in the car or another injuries in New York. This will help you escape the stress of the legal system and ensure that you receive compensation for medical expenses and lost income, as well as suffering, and other losses.