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What Is a Personal Injury Claim? A personal injury claim is the victim suffering physical or emotional injury as a result of the negligence of another. The victim may be awarded compensation for a variety of damages, including medical bills and pain and suffering and lost wages. Other expenses could include travel appointments, home modifications, and expenses for care for permanent impairments. Certain victims could also be entitled to specific damages for mental suffering. Damages Personal injury claims seek compensation for the damages an injured party is suffering due to negligence or other individual. 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 may be used to cover medical expenses as well as lost earnings, emotional distress, and suffering and pain. Punitive damages that are awarded in cases of extreme recklessness, may also be sought. In a personal injury case the compensation is divided into two categories namely special damages and general damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Keep meticulous records of any costs or losses to increase the amount that can be repaid through special damages. Future damages can be difficult to determine because they depend on the severity of the injury as well as its expected long-term effects. Our attorneys will work with medical experts to estimate the 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 comprise the cost of pain and discomfort resulting from an accident. This includes the compensation for pain and discomfort that has occurred in the past as well as for future suffering and pain that is reasonably foreseeable depending on the severity of an injury. It is important to have an experienced lawyer represent you, as they can accurately estimate your pain and suffering claim depending on the specific facts of your case. Other forms of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury has on them being capable of enjoying the activities they used to love. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have years of experience in helping victims establish the appropriate compensation for these types of damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries particularly when the victim has suffered serious injuries. Unless the injury victim had an existing insurance policy that was covered through an insurance policy for cars or health insurance policy, they will be responsible for paying back the amount of medical costs from the settlement for personal injury. The type of medical-related damages that may be claimed in a personal injury case include any medical expenses incurred by the accident victim, including hospital visits, surgeries and physical therapy, home health care, and medications. Additionally the victim of an accident can also claim the cost of future medical expenses that are anticipated to result from their injuries. These could include future surgeries, rehabilitation treatments or the necessity for long-term medical treatment. It is important that victims of accidents stay up-to-date in their treatment and communicate with their doctors. This will allow them to show that the suffering and pain they are suffering from has a worth. Additionally, keeping up-to-date in treatments can help an accident victim get better sooner and is crucial in proving the value of their pain and suffering claim. In some instances, medical bills can be so expensive that they surpass the total settlement of the plaintiff. A lien reduction lawyer will assist in negotiating the outstanding medical bills so that the victim receives more money. Non-economic damages can be just as important as monetary amount of a person's medical expenses. These damages can be emotional distress and loss of enjoyment of life. These types of damages are more difficult to quantify, but they can still be compensated. When pursuing a claim for personal injury, it's essential to work closely an attorney for injury to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury claim covers damages related to the physical pain of a victim and mental stress. Other damages, such as the loss of enjoyment of living, can be included. The pain and suffering category is one of the more subjective types of damages which can be difficult to quantify and prove. But, it is an important element of a personal injury claim. In most personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The former can be tied to tangible losses, such as medical expenses and lost wages. These include things such as suffering and suffering loss of consortium, inconvenience, out-of-pocket expenses and other losses that aren't directly monetary. Damages for mental and physical pain are referred to as non-economic damage and are often referred to as “pain and suffering.” They are not proven by receipts and don't have a set dollar amount attached to them. Thus, it is left to the jury determine what they feel a fair award would be. Judges are often unwilling to alter a jury's pain and suffering award. A judge or jury may employ a variety of methods to determine the amount of suffering and pain. The multiplier method involves multiplying actual damages by a certain amount based on the severity of injuries. The per dia method assigns a certain dollar amount to each day that the victim is recovering until they reach the maximum medical recovery. It is crucial to have as much documentation as is possible, whether you use the multiplier method or the per diem method. This includes medical records, photos witnesses' testimony, other relevant documents. Keep Chula Vista injury lawyers that detail your injuries as well as the impact they've affected your life. This will help you remember the details of your case in the event that you need to give evidence in depositions or hearings. If you are unable reach an agreement with the insurance company, it might be necessary to go to trial to resolve your case. You can hire an New York attorney to handle your case for you. A seasoned lawyer can handle your claim to maximize your compensation for pain and suffering. Lost wages Lost wages are a large part of the settlement that injured victims receive from their personal injury lawsuit. They are the wages they could have earned had they not been forced to miss work due to their injuries. These losses are often temporary and reversible. In certain cases, however, they can be permanent and irreparable. The majority of people estimate their lost wages by multiplying their salary by the number of weeks or days that they were off work. Let's take an example: you usually earn $25 per hour ($1,000 per week), and you were injured in a car accident which kept you out of work for four weeks. In this scenario you'd lose $4,000. Personal injury claims can be more complex depending on the severity and nature of the injury. For instance, if you were permanently disabled by the accident and unable to return to your previous job you may be entitled to damages that could include your future loss of income and the potential for advancement. In these instances the proof of your loss in earning potential is as easy as proving that you were able to accept jobs in the past at the amount you could have earned. You may also have to submit other documents to prove that you have lost wages. This could include a wage verification letter from your employer tax records Profit and loss statements, invoices or receipts as well as business bank accounts or financial-related correspondence. Bonuses and commissions may be taken into consideration when calculating your lost wages. In certain cases, the insurance company of the other driver may pay your lost wages as an no-fault claim. If this is the case it's not necessary to file a separate 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 consult 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 loss of income, suffering, and other losses.