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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical harm as a result of the negligence of another. The victim could be awarded compensation for various damages, including medical bills and pain and suffering and lost wages. Other expenses could include travel costs to appointments or home modifications, as well as the cost of care for permanent impairments or disabilities. Some victims may also be entitled to specific damages for mental distress. Damages A personal injury claim seeks to recover for damages suffered by an injured party due to the negligence of a third party. Victims are entitled to compensation for both economic and non-economic damages. The amount of compensation awarded will depend on the severity and type of injuries suffered. Compensation can cover medical expenses, lost earnings, emotional distress and pain and suffering. Punitive damages are possible in the event of extreme negligence. The types of compensation in personal injury cases are classified into two categories: special and general damages. Financial losses and expenses are referred to as special damages and are typically quantifiable in real dollars. Keep Lawrence injury attorneys of all expenses or losses in order to maximize the amount that can be repaid through special damages. Future damages are more difficult to quantify, as they depend on the extent of the injury and the expected long-term impact. Our attorneys can work with medical experts to establish the estimated costs of ongoing treatment, extra expenses for travel to and from appointments, and any modification or equipment requirements that result from permanent disabilities. General damages are usually more subjective, and include compensation for the victim's suffering and pain due to an accident. This includes the compensation for past discomfort and pain, as well as future suffering and pain that is reasonably foreseeable in light of the severity of an injury. This is why it's crucial to hire a competent lawyer representing you, since they will know how to value your claim for suffering and pain and 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 a victim for the negative effect that an injury has on their ability to engage in activities they previously enjoyed. Loss of emotional distress and companionship can be more difficult to quantify, however our lawyers have a wealth of experience assisting victims in establishing the right amount of compensation for these kinds of damages. Medical bills Medical bills can comprise an important portion of a settlement for personal injuries especially if the victim has suffered serious injuries. If the person who suffers an injury doesn't have prior coverage that is covered by their car insurance or health insurance policy, they are accountable for medical expenses that were included in the personal injury settlement. The types of medical-related injuries that can be claimed in a personal injury case include any medical costs for the victim which includes hospital visits, surgery and physical therapy, home care and medications. Accident victims can also claim future medical expenses that are expected to arise from their injuries. These expenses could include operations, rehabilitation procedures or the requirement for long-term medication. It is crucial that accident victims stay up-to-date with their treatment, and fully communicate with their physicians. This will allow them to prove that their suffering is financially worth. Keeping current with treatments can aid in recovering faster, which is important when proving the merits for their pain and suffering claim. In some instances, the medical bills could be so significant that they will overtake the total settlement of a plaintiff. A lien reduction lawyer will help negotiate the outstanding medical charges so that the victim receives more money. Non-economic losses can be just as important as the amount of medical bills for a person who has been injured. These damages could include emotional stress and a loss of enjoyment of living. These types of damages are harder to quantify, but they can still be compensated. If you are pursuing a claim for personal injury, it is crucial to work closely with an attorney for injury to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury lawsuit covers the damages resulting from the physical pain of a victim and mental distress. It may also cover other damages, such as loss of enjoyment of life. Pain and suffering are one of the more subjective types of damages that are difficult to quantify and prove. It's still an important component of a personal injury claim. In the majority of personal injury cases the plaintiff has the ability to seek economic and noneconomic compensatory damages. The first is tangible losses like medical expenses and lost wages. The latter category includes pain and suffering, loss in consortium, inconvenience, out-of-pocket expenses and other non-monetary losses. Damages for mental and physical pain are referred to as non-economic damage and are referred to as “pain and suffering.” They aren't proved by receipts and don't have a set dollar amount that is attached to them. It is up to the jury to decide what they think an appropriate amount should be. A judge is often unwilling to alter a jury's pain and suffering award. There are a variety of methods jurors or judges could utilize to determine the amount of the suffering and pain suffered by a victim. One method is the multiplier method which involves multiplying actual damages by a figure that depends on the severity of the injury. The per method assigns a dollar amount for each day of recovery until they reach the maximum medical recovery. If you're using the multiplier or per diem method, it is crucial that you provide as much evidence and proof for your claim as you can. Included in this are medical records, photographs and witness testimony. Keep a journal that details your injuries and the impact they have 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 to reach an agreement with the insurance company, it may be necessary to go to trial to solve your case. You can employ an experienced New York attorney to handle your case for you. An experienced lawyer will manage your claim to maximize your settlement for the pain and suffering. Loss of wages Lost wages are the largest portion of settlement that injured victims receive from their personal injury claim. They are the wages they would have received if they hadn't been forced to miss work because of their injuries. Often, these losses are temporary and reversible. In some cases they can be irreparable or permanent. The majority of people estimate their lost wages by multiplying their wage by the number of weeks or days that they were out of work. Let's suppose that you earn $25 an hour ($1,000 per week) and you were injured in a car accident. You missed four weeks of work. In this case, you would lose $4,000. The complexity of personal injury claims can increase, depending on the severity and nature of your injury. For instance, if you are permanently disabled in the accident and cannot return to your previous job you may be entitled to damages that include the loss of future income and the potential for advancement. In these situations you can prove your income loss by showing evidence of the kind of jobs you might have accepted in the past, and what kind of salary those jobs might have paid. You may also have to submit other documents to prove you lost wages. You may be required to submit a letter from your employer verifying your lost wages, as well as tax records, profit and loss statements invoices, receipts, bank statements for business, or correspondence regarding finance. Bonuses and commissions could also be considered when calculating your lost wages. In certain cases, the other driver's insurance company may be able to cover your lost wages 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. If you've been injured in a car accident in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This will help you avoid the pressure of the legal system and ensure that you get compensation for medical bills and lost income, as well as pain and suffering and other expenses.