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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered emotional or physical injury due to the negligence of another. The victim can receive compensation for a variety of damages, such as medical bills and pain and suffering and lost wages. Other expenses could include travel costs for appointments, home modifications, and expenses for care for permanent disabilities or impairments. Some victims might also claim special damages for mental distress. 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 may be compensated for both economic and other losses. The amount of compensation awarded will depend on the severity of an accident and the nature of injuries suffered. 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. Damages for punitive purposes can be claimed in the case of extreme negligence. The types of compensation in personal injury cases fall into two categories: special and general damages. Expenses and financial losses incurred are known as special damages, and they are usually quantifiable in actual dollars. Keep complete records of all expenses or losses in order to maximize the amount that can be repaid through special damages. Future damages are harder to quantify, as they are based on the severity of the injury and the long-term effects they are expected to have. Alhambra injury lawyers will work with medical experts to estimate the cost for ongoing treatment, travel costs to and from appointments and any modifications or equipment that might be needed due to permanent disabilities. General damages are typically more subjective and can include compensation for the victim's pain and suffering related to an accident. This includes the compensation for pain and discomfort that has occurred in the past as well as for future pain and suffering that is reasonably anticipated based on the severity of the injury. It is essential to choose an experienced attorney representing you, as they will be able to accurately assess the amount of your claim for pain and suffering in light of the facts of your particular case. Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative effect an injury has on their ability to engage in the activities they once enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However our lawyers have a wealth of experience in helping victims obtain the proper amount of compensation for these damages. Medical bills Medical expenses can constitute an important portion of a settlement for personal injuries especially if the victim has suffered serious injuries. If the person who suffers an injury does not have preexisting coverage paid by their car insurance or health insurance policy, they are responsible for the medical expenses that were included in the settlement for personal injury. Medical-related damages include hospital visits, surgeries and physical therapy. They also include medications and home care. Accident victims may also be able to claim future medical expenses that are likely to result from their injuries. These can include future surgeries, rehabilitation treatments or the requirement for long-term medical treatment. It is vital that accident victims keep up with their treatment, and be in constant contact with their doctors. This will help them prove that their suffering is financially worth. Staying current with treatments will help an accident victim recover faster, which is important when proving their case of their claim for pain and suffering. In some cases, the medical bills could be so significant that they will exceed a plaintiff's overall settlement. If this is the situation the lien reduction lawyer can assist in negotiating the outstanding medical debts so that more money can be put into the accident victim's pocket. Non-economic damage claims can be equally important as the monetary amount of an injured person's medical expenses. These damages can be emotional distress and loss of enjoyment of living. These kinds of damages are harder to quantify, but they can still be compensated. It is essential to work with an experienced injury lawyer when pursuing an injury claim in order to ensure that all your losses are considered. Suffering and pain A personal injury claim covers the costs incurred by the physical pain of a victim and mental anguish. It can also include other damages, such as loss of enjoyment of life. The concept of pain and suffering is one of the most subjective kinds of damages, and is difficult to prove and quantify. However it is an essential element of an injury claim. In the majority of personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The former are those that can be tied to tangible losses, like medical expenses and lost wages. The latter includes things such as suffering and suffering, loss of consortium, inconvenience, out-of-pocket expenses, and other losses that aren't directly financial. Damages for mental and physical anguish are known as non-economic damages and are often referred to as “pain and suffering.” They are not proven with receipts and do not have a fixed dollar amount associated with them. It is up to the jury to decide what an appropriate amount should be. Judges are often not willing to alter the pain and suffering award. There are several methods that jurors or judges could employ to determine the value of the victim's suffering and pain. The multiplier method is based on multiplying the actual damages by a specific number based on the seriousness of injuries. Another option is the per diem method which assigns a daily value for each day until the victim has reached the maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you employ the multiplier method or the per diem method. Included in this are medical documents, photographs and witness testimony. Additionally you should keep a record detailing your injuries and how they have impacted your life. This can help you recall the details of your case when you need to testify in depositions and hearings. If you are unable to reach an agreement with the insurance company, it may be necessary to go to trial in order to resolve your case. You can hire an experienced New York attorney to handle your case on your behalf. A seasoned lawyer will be able to manage your claim and maximize the compensation you receive for your pain and suffering. Lost wages The compensation that injured victims receive in their personal injury claim can comprise a substantial amount of lost wages. They are the wages they would have received if they hadn't been forced to miss work due to their injuries. The majority of these losses are temporary and reversible. In certain cases, they may be permanent or irreparable. Most people determine their lost earnings by multiplying their wage by the number of weeks or days they were off work. Let's take an example: you usually earn $25 an hour ($1,000 per week) and you were injured in a car crash that prevented you from going to work for four weeks. In this instance the loss of earnings would be $4,000. Personal injury claims can be more complicated depending on the severity and nature of the injury. For instance, if you were permanently disabled by the accident and unable to return to your previous job you may be entitled to damages that include your future loss of income and potential for promotion. In these instances 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 a salary you could have earned. You may also need to provide additional documents to prove that you lost wages. This could include a wage verification letter from your employer tax records, profit and loss statements, invoices or receipts, business bank accounts, or any correspondence related to finance. When calculating your lost wage bonuses and commissions can be considered too. In certain cases it is possible that the insurance company could pay for your lost wages as a part of your no-fault claim or settlement agreement. If this is the situation you shouldn't need to file a personal injury lawsuit in addition to your no-fault lawsuit. If you've been injured in a car crash in New York, or any other type of injury, you should consult an experienced personal injury lawyer. This will help you avoid the burden 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.