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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm as a result of the negligence of someone else. The victim could be awarded compensation for a variety of damages, such as medical bills and pain and suffering and lost wages. Other costs could include travel appointments, home modifications and 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 the losses that the victim is suffering due to negligence of an individual or another. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation depends on the severity and type of injuries suffered. Compensation can include expenses such as medical care and loss of earnings and could also include damages for suffering and pain, physical impairment, as well as emotional distress. Punitive damages that are awarded in the case of extreme recklessness, can also be sought. In a personal injury claim the compensation is split into two categories: special damages and general damages. Special damages are the result of incurred costs and financial losses, and are usually quantifiable. Keep meticulous records of any costs or losses to increase the amount reimbursed by special damages. Future damages aren't always easy to estimate because they depend on the extent of the injury as well as the expected long-term effects. Our attorneys can work with medical experts to establish the estimated costs of ongoing treatment, additional expenses for transportation to and from appointments, and any modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and include the cost of pain and discomfort resulting from an accident. This includes compensation for past discomfort and pain and also future suffering and pain that is reasonably previsible in light of the severity of the injury. This is why it's crucial to have a skilled attorney on your side, as they'll be able to assess your claim for suffering and pain, and will provide accurate estimates based upon the facts of your case. Other damages that are general in nature include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact that an injury can have on their being in a position to enjoy the activities they used to love. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have years of experience helping victims to determine the right amount of compensation for these kinds of damages. Medical bills Medical bills can make up the majority of a settlement for personal injuries particularly when the victim has sustained serious injuries. If the victim of an injury doesn't have preexisting coverage paid by their car insurance or health insurance policy, they will be accountable for medical expenses that were included in the settlement for personal injury. The type of medical-related damages that may be claimed in a personal injury lawsuit include any medical costs incurred by the accident victim such as hospital visits, surgeries, physical therapy, home care, and medication. Accident victims can also claim future medical expenses expected to arise from their injuries. These can include future surgeries, rehabilitation procedures or the requirement for long-term medication. It is important that accident victims stay current in their treatment and communicate with their medical professionals. This will help them prove that their pain and suffering is financially worth. Additionally, keeping up-to-date with treatments will help the victim recover faster, which is important in proving the value of their pain and suffering claim. In some cases, the medical bills can be so substantial that they surpass the settlement amount of a plaintiff's overall. A lien reduction lawyer will help negotiate the outstanding medical charges so that the victim can get more money. Non-economic losses can be as important as the amount of medical bills for an injured person. They can include emotional distress and loss of enjoyment life and loss of consortium. These damages are difficult to quantify, but they could be compensated. It is essential to work with an experienced injury lawyer when you pursue a personal injury claim to ensure that all your losses are taken into account. Suffering and pain Personal injury claims cover damages for physical pain and mental suffering. It could also include other damages such as loss of enjoyment of life. The concept of pain and suffering is among the most subjective kinds of damages, and is difficult to prove and quantify. It's a crucial element of a personal injury claim. In most personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The first are tangible losses, such as medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium, inconvenience, out of pocket expenses and other losses that are not monetary. Non-economic damages are also referred to as “pain and suffering” and are not able to be proven by receipts. They don't have a dollar amount attached. Therefore, it is left to the jury to determine what is a fair amount. Judges are often reluctant to change a jury's pain and suffering award. There are many methods jurors or judges could employ to determine the value of the suffering and pain suffered by a victim. One method is the multiplier method, which involves multiplying the actual damages by a figure that is based on the severity of the victim's injuries. Another method is the per diem method which assigns a daily value for each day until the victim reaches the maximum medical recovery. If you're using the multiplier or per diem method, it is essential that you provide as much evidence and proof for your claim as you can. This includes medical records, photos, witness testimony, and other relevant documents. In addition you should keep a journal detailing your injuries and how they have affected your life. This can help you recall the details of your case if you have to testify in depositions and hearings. If you are unable to reach an agreement with your insurance company, you might need to go to court to resolve your case. You can engage an attorney in New York to handle your case. A seasoned lawyer can take care of your claim and increase the amount you get for your pain and suffering. Lost wages Lost wages are a large part of the compensation injured victims receive from their personal injury lawsuit. This is the amount they would have received had they not had to miss their job because of their injuries. These losses are often temporary and recoverable. In some cases they can be irreparable or permanent. Most people calculate their lost wages by multiplying their salary by the number of weeks or days they were out of work. Let's say that you normally earn $25 an hour ($1,000 per week) and you're injured in a traffic accident. You missed four weeks of work. In this instance, you would lose $4,000. The complexities of personal injury claims may rise, based on the nature and severity of your injury. For instance, if you were permanently disabled as a result of the accident and are unable to return to work you may be entitled to damages that could include your future loss of income and the potential for advancement. In these instances the evidence to prove your loss of earning potential is as easy as presenting evidence that you were able to take jobs in the past with the same amount that you could have earned. You may also be required to provide additional documents to prove that you lost wages. This might include a wage verification letter from your employer tax records, tax records Profit and loss statements, receipts or invoices and business bank accounts or finance-related correspondence. When calculating your lost wage bonuses and commissions can be considered too. In some instances the insurance company of the other driver might cover your lost wages in an no-fault claim. If this is the scenario, you do not need to make a personal injury claim in addition to your no-fault claim. If you've been injured in a crash in New York, or any other kind of injury, you should speak with an experienced personal injury lawyer. Hayward injury lawyer will allow you to avoid the stress of the legal system and ensure that you get compensation for medical bills, lost income, pain and suffering, and other expenses.