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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional injury due to the negligence of someone else. The victim could be awarded compensation for various damages, such as medical bills, pain and suffering, and lost wages. Other costs could include travel appointments, home modifications, or expenses for care for permanent impairments. Some victims could also seek special damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that an injured person is suffering due to negligence or other individual. Victims can be compensated for both economic and other losses. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation may include expenses like medical costs and loss of earnings and could also include the cost of physical impairment, as well as emotional distress. Punitive damages which are awarded in cases of recklessness beyond the limits, may also be claimed. The kinds of compensation available in personal injury cases fall into two categories: special and general damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Keep detailed records of any expenses or losses to maximize the amount that can be repaid through special damages. Future damages can be difficult to determine due to the fact that they are contingent on the severity of an injury and the expected long-term effects. Our attorneys can collaborate with medical experts to determine the estimated costs of ongoing treatment, the additional costs for transport to and from appointments, and any other modifications or equipment requirements that result from permanent disabilities. General damages are more subjective and encompass the cost of discomfort and pain that result from an accident. This includes the compensation for past discomfort and pain as well as for future pain and suffering that is reasonably foreseeable based on the severity of an injury. This is the reason it's essential to have a seasoned lawyer representing you, since they will know how to value your claim for pain and suffering and provide accurate estimates based on the specifics of your case. Other types of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative impact that an injury has on them being able to enjoy activities they used to love. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have extensive experience helping victims to determine the appropriate compensation for these kinds of damages. Medical bills Medical expenses can be a significant portion of a personal injury claim, particularly when an accident results in serious injuries. If the victim of the accident did not have prior coverage that was covered by either a car insurance policy or health insurance policy, they will be accountable for the amount of medical expenses from the settlement for personal injury. Medical-related damages can include hospital visits, surgeries and physical therapy. They also include medications and home care. Victims of accidents can also claim future medical expenses likely to arise from their injuries. These costs could include future surgery, rehabilitation treatments or the need for long-term medications. It is important that victims of accidents stay up-to-date on their treatment and communicate with their physicians. This will allow them to establish that the pain and suffering they are experiencing has a worth. Staying current with treatments will help an accident victim recover quicker, which is crucial when proving the value of their claim for pain and suffering. In certain cases, medical bills can be so significant that they will exceed a plaintiff's overall settlement. 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 pockets of the victim. Non-economic damages are just as important as the amount of medical expenses for an injured person. They can include emotional distress and loss of enjoyment life, and loss of consortium. These kinds of damages are difficult to quantify, but they can still be compensated. It is important to consult with a seasoned injury lawyer when you are pursuing an injury claim in order to ensure that all your losses are taken into account. Suffering and pain A personal injury claim covers damages related to the physical pain and mental distress. Other damages, such as the loss of enjoyment living, can be included. The pain and suffering category is one of the types of damages that are subjective which can be difficult to quantify and prove. It is still an important component of a personal injury claim. In most personal injury cases the plaintiff has the ability to seek economic and noneconomic compensatory damages. The former are those that are based on tangible losses, like medical expenses and lost wages. The latter include pain and suffering, loss in consortium in the form of inconvenience, out-of-pocket costs and other losses that are not monetary. Non-economic damages are also referred to as “pain & suffering” and cannot be proved by receipts. They do not have a dollar amount attached. It is up to the jury to decide what they think an appropriate amount should be. Judges are often reluctant to change the jury's pain and suffering award. There are a variety of methods jurors or judges can use to calculate the value of the suffering and pain suffered by a victim. The multiplier method involves multiplying the actual damages by a certain number based on the severity of the injuries. The per diem method assigns a dollar amount for each day of recovery until they reach their maximum medical recovery. Whether you are using the multiplier or per-diem method, it is vital to provide as much documentation and support for your claim as possible. This includes medical records, photos witnesses' testimony, other relevant documents. Keep an account of your injuries and the impact they've affected your life. This will help you remember the specifics of your case should you are required to testify at depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary to go to trial to resolve your case. You can employ an attorney in New York to handle your case. A seasoned lawyer can help you maximize your settlement for suffering and pain. Loss of wages Lost wages are an important component of the settlement that injured victims receive from their personal injury claim. They are the wages they could have earned in the event that they weren't forced to work a lot because of their injuries. These losses are usually temporary and can be recouped. In certain instances however, they may be irreparable and permanent. Most people can calculate their lost wages by multiplying their salary by the number of weeks or days that they were away from work. Let's say Beaumont injury lawyer earn $25 an hour ($1,000 per week) and you're injured in a traffic collision. You missed four weeks of work. In this instance the loss of earnings would be $4,000. The complexities of personal injury claims can rise, based on the severity and nature of your injury. For instance, if permanently disabled by the accident and unable to return to your previous job, you might be able to claim damages that include the loss of future income and the potential for advancement. In these cases the evidence to prove your loss of earning potential is as easy as proving that you were able to take jobs in the past with the same amount that you could have earned. You might also have to submit other documentation to prove your lost wages. You may need to submit an employer's letter that confirms your lost wages, along with tax records, profit and loss statements invoices, receipts, bank statements for business, or other correspondence that is related to finance. When calculating your lost wage, bonuses and commissions can be considered too. In some instances, the other driver's insurance company might cover your wages lost as a part of your no fault claim or settlement agreement. If this is the case, you shouldn't have to file an additional personal injury lawsuit in addition to your no-fault claim. Get in touch with a seasoned personal injury lawyer if have been injured by an automobile accident or other injuries in New York. This will help you avoid the burden of the legal system and ensure you get compensation for medical bills loss of income, pain and suffering and other expenses.