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What Is a Personal Injury Claim? A personal injury lawsuit involves the victim suffering emotional or physical harm due to another's negligence. The victim could be awarded compensation for a variety of damages, such as medical bills and pain and suffering and lost wages. Other expenses could include travel appointments, home modifications, or care costs for permanent impairments. Some victims may also be entitled to special damages for mental suffering. Damages A personal injury claim seeks to recover for the losses suffered by an injured party due to the negligence of another individual. Victims can be compensated for both economic and other losses. The amount of compensation awarded will depend on the severity and type of injuries suffered. Compensation can include expenses like medical costs and loss of earnings and can also cover the cost of suffering and pain, physical impairment, and emotional distress. Punitive damages are possible in the case of extreme negligence. In a personal injury case, compensation is divided into two categories namely special damages and general damages. Special damages refer to incurred expenses and financial losses, and are usually quantifiable. Keep meticulous records and receipts of any losses or expenses will aid in maximizing the amount of money reimbursed through special damages. Future damages can be difficult to calculate due to the fact that they are contingent on the severity of the injury and its long-term effects. Our attorneys can collaborate with medical experts to determine the estimated cost of ongoing treatment, extra expenses for travel to and from appointments and any other modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and comprise the cost of discomfort and pain that result from an accident. This includes compensation for pain and discomfort in the past, as well as future pain and suffering based on severity of injury. This is why it's important to have a seasoned attorney representing you, as they will know how to evaluate your claim for pain and suffering and provide accurate estimates based upon the facts of your case. Other types of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their 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 establish the proper compensation for these kinds of damages. Medical bills Medical expenses can constitute the majority of a personal injury settlement, especially when the victim has suffered severe injuries. Unless the injury victim had preexisting coverage that was paid through a car insurance policy or health insurance policy, they'll be responsible for paying back the amount of the medical expenses incurred from the settlement for personal injury. The type of medical-related injuries that can be claimed in a personal injury lawsuit include any medical costs incurred by the accident victim such as hospital visits, surgeries and physical therapy, home care, and medications. In addition an accident victim may also claim the cost of future anticipated medical expenses resulting from their injuries. This could include future surgeries, rehabilitation treatments, or the need for long-term medical treatment. It is crucial that accident victims keep up with their treatment, and communicate fully with their doctors. This will help establish that the suffering and pain they are experiencing has a monetary value. Keeping current with treatments can aid in recovering quicker, which is crucial when proving the value for their claim for pain and suffering. In some instances, the medical bills could be so substantial that they surpass the settlement amount of a plaintiff's overall. If this is the situation, a lien reduction attorney can assist in negotiating the outstanding medical debts so that more money can be deposited into the accident victim's pocket. Non-economic damages can be just as important as monetary amount of a person's medical expenses. They can be a result of emotional distress as well as loss of enjoyment of life, and loss of consortium. These damages are hard to quantify, but they can be compensated. When pursuing a claim for personal injury, it's important to work closely with an injury lawyer to ensure all of your losses are considered. Pain and suffering Personal injury claims are a way to recover damages for physical pain and mental suffering. Other damages, such as the loss of enjoyment living, may be covered. Pain and suffering are one of the subjective types of damages that are difficult to quantify and prove. But, it is an important part of an injury claim. In the majority of personal injury cases the plaintiff is able to recover both non-economic and economic compensation damage. The first is tangible losses such as medical costs and lost wages. The latter include the loss of suffering and pain, in consortium, inconvenience, out of pocket costs and other non-monetary losses. Damages for physical pain and mental anguish are referred to as non-economic damages and are referred to as “pain and suffering.” They cannot be proven by receipts and don't have a fixed dollar amount associated with them. Therefore, it's left to the jury to determine what they feel is a fair amount. A judge is often unwilling to alter the verdict of a jury for suffering and pain. A jury or judge can employ a variety of methods to determine the amount for suffering and pain. The multiplier method involves multiplying the actual damages by a certain number based on the severity of injuries. Another option is the per diem method, which gives a daily amount for each day until the victim has reached maximum medical recovery. Whether you are using the multiplier or per diem method, it is crucial that you submit as much documentation and evidence for your claim as possible. This includes medical records, photographs witnesses' testimony, other relevant documents. In addition, you should keep a diary detailing your injuries and how they affected your life. This will aid in remembering the details of your case in the event that you have to testify in depositions or at hearings. If you're unable to reach an agreement with your insurance company, you may require a court appearance to settle your case. You can engage an attorney in New York to handle your case. An experienced lawyer will help you maximize your compensation for pain and suffering. Loss of wages Lost wages can be an important component of the settlement that injured victims receive from their personal injury claims. This is the wage they would have earned had they not had to take time off work due to their injuries. These losses are usually temporary and reversible. In some cases they can be irreparable or permanent. Duluth injury attorney estimate their lost wages by multiplying their wage by the number weeks or days they were off work. For example, let's say you typically earn $25 per hour ($1,000 per week) but you were injured in a car accident that prevented you from going to work for four weeks. In this scenario, you would lose $4,000. Personal injury claims can be more complex depending on the severity and nature of the injury. If you are permanently disabled and cannot return to work, you could be entitled to damages which include your future loss of earnings as well as your promotion potential. In these cases the evidence to prove your loss of earning potential is as easy as presenting evidence that you were able to accept jobs in the past at 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 verification letter for wages from your employer tax records, tax records Profit and loss statements, invoices or receipts and business bank accounts or finance-related correspondence. When calculating your lost wages, bonuses and commissions can also be taken into account. In some instances, the insurance company of the other driver may compensate you for your lost wages under a no-fault lawsuit. If this is the case you shouldn't need to file an additional personal injury lawsuit in addition to your no-fault lawsuit. Get in touch with a seasoned personal injury lawyer if were injured in an automobile accident or other injuries in New York. This will help you avoid navigating the stress of the legal process on your own and ensure that you get compensation for medical bills as well as lost wages, suffering and other losses.