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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered emotional or physical injury as a result of another's negligence. The victim may be awarded compensation for a variety of damages, such as medical bills and pain and suffering and lost wages. Other expenses might include travel expenses to appointments, home modifications, and expenses for care for permanent impairments or disabilities. Some victims may also be able to claim special damages for mental suffering. Damages A personal injury claim seeks to recover for the damages sustained by an injured person due to the negligence of a third party. Victims can be compensated for economic and other damages. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation may include expenses like medical treatment and loss of earnings and may also cover the cost of pain and suffering, physical impairment, as well as emotional distress. Punitive damages which are awarded in cases of extreme recklessness, may also be claimed. In a personal injury lawsuit the compensation is divided into two categories namely special damages and general damages. Special damages are the result of incurred costs and financial losses, and are generally quantifiable. Keep meticulous records and receipts for any expenses or losses can help maximize the amount of money refunded by special damages. Future damages are harder to quantify, as they depend on the extent of a victim's injuries and the expected long-term impact. Our attorneys can work with medical experts to determine the estimated cost of ongoing treatment, additional costs for travel to and from appointments, and any modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and encompass compensation for the victim's discomfort and pain resulting from an accident. This includes the compensation for discomfort and pain in the past, as well as future pain and suffering based on severity of injury. This is the reason it's essential to have a seasoned attorney representing you, as they will know how to value your claim for suffering and pain, and will provide accurate estimates based on the facts of your case. Other damages that are general in nature include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their being in a position to enjoy the activities they used to love. Loss of emotional distress or companionship is more difficult to quantify. However our lawyers have years of experience in helping victims establish the proper amount of compensation for these damages. Medical bills Medical bills can make up an important portion of a settlement for personal injuries especially if the victim has suffered serious injuries. Unless the injury victim had an existing insurance policy that was covered by either a car insurance policy or health insurance, they will be responsible for paying back the amount of medical expenses incurred from their personal injury settlement. Medical-related damages include hospital visits, surgeries and physical therapy. They also cover home care and medication. In addition an accident victim may also claim reimbursement for future anticipated medical expenses resulting from their injuries. These costs could include future surgery, rehabilitation treatments or the requirement for long-term medications. It is crucial that accident victims keep up with their treatment, and communicate fully with their physicians. This will allow them to prove that their suffering is worth a dollar. Keeping current with treatments can help an accident victim recover faster, which is important when proving their case of their pain and suffering claim. In some cases, medical bills can be so large that they surpass the settlement amount of the plaintiff. A lien reduction attorney can assist in negotiating the outstanding medical bills so that the victim will receive more money. Non-economic damages can be as significant as the amount of medical expenses for an injured person. These damages could include emotional stress and a loss of enjoyment of living. These damages are hard to quantify but can still be compensated. It is essential to work with an experienced injury lawyer when pursuing a personal injury claim to ensure that all your losses are taken into account. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. Other damages, like the loss of enjoyment living, are also covered. The pain and suffering category is one of the types of damages that are subjective which can be difficult to quantify and prove. However it is a crucial element of an injury claim. In the majority of personal injury cases the plaintiff has the ability to claim both economic and non-economic compensatory damages. The first is tangible losses, such as medical costs and lost wages. San Bernardino injury attorneys YouTube includes pain and suffering, loss in consortium and inconvenience, out-of-pocket expenses and other non-monetary losses. Non-economic damages are also referred to as “pain & suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. Therefore, it's up to the jury to decide what they believe an appropriate amount would be. Judges are often not willing to alter a jury's pain and suffering award. A jury or judge can employ a variety of methods to determine the value for pain and suffering. One method is the multiplier method which involves multiplying the amount of damages by a number that depends on the extent of the injuries suffered by the victim. Another method is the per diem method which assigns a daily value to each day until the patient reaches maximum medical recuperation. It is essential to provide as much documentation as is possible, whether you use the multiplier method or the per-diem method. This includes medical records, photographs, witness testimony, and other relevant documents. You should also keep a journal that details your injuries and the effect they've affected 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 to go to trial in order to solve your case. You can employ an New York attorney to handle your case on your behalf. An experienced lawyer will manage your claim and maximize the compensation you receive for your pain and suffering. Lost wages The amount of compensation that victims receive in their personal injury claim may include a significant amount of lost wages. They are the wages they could have earned had they not been forced to work a lot because of their injuries. The majority of these losses are temporary and can be recouped. In certain cases however, they may be irreparable and last forever. Most people determine their lost earnings by multiplying their wage by the number weeks or days they were out of work. Let's suppose that you earn $25 an hour ($1,000 per week) and were injured in a traffic collision. You missed four weeks of work. In this instance your loss in earnings would be $4,000. The complexities of personal injury claims may increase, depending on the severity and nature of your injury. For instance, if you were permanently disabled in the accident and cannot return to your previous job you may be eligible for damages that cover the loss of future income and the possibility of promotion. In these situations, you can prove your lost earning capacity by providing evidence of the kinds of jobs you could have taken on in the past and what type of salary those jobs might have earned. You may also need to provide other documents to prove that you lost wages. You may need to submit an official letter from your employer that confirms your lost wages, as well as tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or any correspondence regarding finance. Bonuses and commissions could be included in the calculation of your lost wages. In some instances the insurance company of the other driver could pay your lost wages as a no-fault claim. If this is the case, you shouldn't have to file a personal injury lawsuit on top of your no-fault lawsuit. Consult an experienced personal injury lawyer if you have been injured by an automobile accident or other injuries in New York. This will help you escape the stress of the legal system and ensure that you receive compensation for medical expenses loss of income, pain and suffering, and other expenses.