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What Is a Personal Injury Claim? A personal injury claim is a person suffering emotional or physical harm due to someone else's negligence. The victim may be awarded compensation for various damages, including medical bills and pain and suffering and lost wages. Other expenses could include travel expenses to appointments, home modifications, and care costs for permanent disabilities or impairments. Some victims might also claim special damages for mental suffering. Damages Personal injury claims seek compensation for the losses that an injured party has suffered due to the negligence of an individual or another. 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 cover medical expenses as well as lost earnings, emotional distress and suffering and pain. Damages for punitive purposes can be claimed in the event of extreme negligence. In a personal injury lawsuit, compensation is divided into two categories: general damages and special damages. The financial losses and expenses incurred are known as special damages and are typically quantifiable in real dollars. Keep complete records of all expenses or losses to maximize the amount of money that is repaid by special damages. Future damages are harder to quantify, as they depend on the severity of a victim's injuries and their expected long-term impact. Our lawyers can work with medical experts to determine the estimated cost of ongoing treatment, the additional costs for transportation to and from appointments, and any modification or equipment requirements that result from permanent disabilities. General damages are often more subjective and can include compensation for a victim's pain and suffering related to an accident. This includes the compensation for past pain and discomfort, as well as future pain and suffering that is reasonably anticipated in light of the severity of an injury. It is crucial to have an experienced lawyer represent you as they can accurately assess the amount of your claim for pain and suffering in light of the facts of your particular case. Other types of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate the victim for the negative impact an injury can have on their ability to participate in the activities they once enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have a wealth of experience in helping victims establish the right amount of compensation for these types of damages. Medical bills Medical bills can make up an important portion of a settlement for personal injuries, especially when the victim has suffered serious injuries. If the person who suffered an injury doesn't have preexisting coverage paid by their car insurance or health insurance policy, they are responsible for the medical costs which were part of the settlement for personal injury. Arlington injury lawyer of medical-related damages that may be claimed in a personal injury claim include any medical costs incurred by the accident victim such as hospital visits, surgeries and physical therapy, home care and medications. Additionally, an accident victim can also claim reimbursement for future medical expenses anticipated from their injuries. These can include future surgeries, rehabilitation procedures or the necessity for long-term medication. It is crucial that accident victims keep up with their treatment and communicate fully with their doctors. This will help them prove that their pain and suffering is financially worth. Additionally, keeping up-to-date with treatments can help a victim of an accident to recover quicker and is crucial in proving the validity of their claim for pain and suffering. In some instances medical bills may be so high that they surpass the total settlement of the plaintiff. If this is the situation, a lien reduction attorney can help negotiate the outstanding medical debt so that more money is put into the pocket of the victim of the accident. Non-economic damages are as important as the amount of medical bills for a person who has been injured. They could include emotional distress, loss of enjoyment of life, and loss of consortium. These damages are difficult to quantify but 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 considered. Pain and suffering A personal injury claim covers damages related to the physical pain of a victim and mental distress. Other damages, such as the loss of enjoyment of living, are also covered. Pain and suffering are one of the types of damages that are subjective that can be difficult to quantify and prove. However it is an essential part of an injury claim. In the majority of 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 pain and suffering as well as loss of consortium inconvenience, out of pocket expenses, and other losses that are not directly financial. Non-economic damages are also referred as “pain and suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. It is the jury to decide what an appropriate amount should be. Judges are often unwilling to alter a jury's pain and suffering award. A judge or jury may utilize a variety of methods to calculate the amount of suffering and pain. The multiplier method is based on multiplying the actual damages by a certain number based on the severity of the injuries. The per dia method assigns a certain dollar amount to each day of recovery until they reach their maximum medical recovery. If you're using the multiplier or per-diem method, it is vital that you provide as much documentation and evidence for your claim as possible. Included in this are medical records, photographs, and witness testimony. Keep an account of 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 are required to testify in depositions or hearings. If you are unable to reach an agreement with the insurance company, it could be necessary for you to go to court to resolve your case. You can employ a New York attorney to handle your case for you. A seasoned lawyer will handle your claim and maximize the amount of compensation you receive for your suffering and pain. Loss of wages The amount of compensation that victims receive for their personal injury claims can include a large amount of lost wages. These are the wages they could have earned had they not been forced to miss work due to their injuries. Often, these losses are temporary and can be recouped. In certain cases however, they may be irreparable and permanent. Most people can calculate their lost wages by multiplying their wage by the number weeks or days they were out of work. For example, let's say you normally make $25 an hour ($1,000 per week) and you were injured in a car crash which kept you out of work for four weeks. In this case, your lost earnings would be $4,000. Personal injury claims can be more complex depending on the severity and nature of your injury. For instance, if you are permanently disabled by the accident and are unable to return to your previous job You may be able to claim damages that include the loss of future income and the possibility of promotion. In these situations you can demonstrate your income loss by presenting evidence of the types of jobs you might have accepted in the past, and what kind of pay these jobs could have paid. You may also be required to submit other documents to prove that you have lost wages. This could include a letter of verification from your employer tax records, profit and loss statements, receipts or invoices as well as business bank accounts or financial-related correspondence. When calculating your lost wages bonuses and commissions can be included in the calculation. In some cases, the insurance company of the other driver may cover your lost wages in an no-fault claim. If this is the situation, you shouldn't have 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 type of injury, you should consult an experienced personal injury lawyer. This will help you escape the stress of the legal system and ensure that you receive compensation for medical expenses and lost income, as well as pain and suffering and other losses.