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What Is a Personal Injury Claim? A personal injury claim involves the victim suffering emotional or physical injury as a result of the negligence of another. The victim could be awarded compensation for a variety of damages, including medical bills as well as pain and suffering and lost wages. Other expenses might include travel expenses to appointments, home modifications, and expenses for care for permanent disabilities or impairments. Some victims might also claim special damages for mental pain. Damages A personal injury claim seeks compensation for damages suffered by an injured party due to the negligence of a third party. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity and nature of injuries suffered. Compensation may cover medical expenses, lost earnings, emotional distress, and pain and suffering. Punitive damages which are awarded in the case of extreme recklessness, may also be sought. The kinds of compensation available in personal injury cases can be classified into two categories: general and special damages. Special damages refer to incurred expenses and financial losses, and are generally quantifiable. Maintaining detailed records and receipts for any losses or expenses will help to maximize the amount of money that is reimbursed by special damages. Future damages are harder to quantify, as they are based on the severity of the injuries sustained by a victim and the expected long-term impact. Our attorneys can collaborate with medical professionals to determine the estimated cost of ongoing treatment, the additional costs for transportation to and from appointments and any modification or equipment needs that will result from permanent disabilities. General damages are more subjective and comprise compensation for the victim's discomfort and pain that result from an accident. This includes compensation for past pain and discomfort as well as for future suffering and pain that is reasonably foreseeable depending on the severity of an injury. It is essential to hire an experienced attorney represent you as they will be able to accurately estimate your pain and suffering claim depending on the specific facts of your case. Other forms of general damages include loss of enjoyment, loss of 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 enjoy. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have extensive experience helping victims to determine the appropriate compensation for these types of damages. Medical bills Medical expenses can make up the largest portion of a personal injury claim, particularly if an accident results in serious injuries. If the person who suffers an injury does not have preexisting coverage paid by their car insurance or health insurance policy, they will be responsible for the medical costs that were included in the settlement for personal injury. The type of medical-related injuries that can be claimed in a personal injury lawsuit include any medical expenses that the victim of the accident has to pay, including hospital visits, surgery, physical therapy, home care and medication. Accident victims may also be able to claim future medical expenses that are expected to result from their injuries. These expenses can include future operations, rehabilitation procedures or the requirement for long-term medication. It is essential that victims of accidents keep up with their treatment, and fully communicate with their physicians. This will allow them to prove that their pain and suffering is worth a dollar. Being current with treatment options will aid the recovery of an accident victim faster, which is important when proving the merits for their pain and suffering claim. In some cases medical bills can be so high that they surpass the total settlement of the plaintiff. A lien reduction attorney will help negotiate the outstanding medical bills so that the accident victim can get more money. Non-economic damages can be as important as medical bills for a person who has been injured. These damages could include emotional distress and loss of enjoyment of life. These damages are difficult to quantify but can still be compensated. If you're pursuing a claim based on personal injury, it's important to work closely with an injury lawyer to ensure that all of your losses are considered. Pain and suffering Personal injury claims cover damages for physical pain and mental suffering. 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 quantify and prove. However it is an essential part of a personal injury claim. In the majority of personal injury cases the plaintiff has the ability to claim both economic and non-economic compensatory damages. The former are based on tangible losses, such as medical expenses and lost wages. These include things like suffering and suffering as well as loss of consortium inconvenience, out-of-pocket expenses, and other losses that aren't directly monetary. Damages for physical pain and mental anguish are referred to as non-economic damage and are also referred to as “pain and suffering.” They aren't proved by receipts and don't have a specific dollar amount attached to them. It is up to the jury to decide what they think an appropriate amount should be. A judge will often be reluctant to modify the jury's decision on pain and suffering. There are several methods that jurors or judges could utilize to determine the amount of a victim's pain and suffering. The multiplier method involves multiplying the actual damages by a certain number based on the severity of injuries. Another method is the per diem method, which assigns a daily value to each day until the victim has reached maximum medical recuperation. Whether you are using the multiplier or per-diem method, it is crucial to provide as much documentation and evidence for your claim as you are able to. Included in this are medical records, photographs and witness testimony. Additionally you should keep a diary detailing your injuries and how they affected your life. This can help you recall the details of your case when you need to give evidence in depositions or hearings. If you are unable reach an agreement with the insurance company, it might be necessary to go to trial to solve your case. You can hire an experienced New York attorney to handle your case on your behalf. A seasoned lawyer can handle your claim and maximize the amount of compensation you receive for your suffering and pain. Lost wages The compensation that injured victims receive for their personal injury claim may include a significant amount of lost wages. This is the amount they would have received had they not had to take time off work because of their injuries. The majority of these losses are temporary and reversible. In some cases however, they may be irreparable and permanent. Most people can calculate their lost wages by multiplying their wage by the number of weeks or days they were away from work. For instance, let's say you normally make $25 an hour ($1,000 per week), and you were injured in a car accident that kept you out of work for four weeks. In this scenario your loss in earnings would be $4,000. Personal injury claims can become more complex depending on the severity and nature of the injury. For instance, if you are permanently disabled in the accident and are unable to return to your previous job you may be entitled to damages that could include the loss of future income and the possibility of promotion. In these situations, proving your lost earning potential is as easy as presenting evidence that you were able to accept jobs in the past at the amount you could have earned. North Charleston injury lawyer may also need to submit other documents to prove you lost wages. You may need to provide an employer's letter to confirm your lost wages along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or any correspondence regarding finance. When calculating your lost wage bonuses and commissions can be considered too. In some instances the insurance company of the other driver could compensate you for your lost wages under an no-fault claim. If this is the situation, you shouldn't have to file a separate personal injury lawsuit on top of your no-fault claim. Contact a seasoned personal injury attorney if you were injured in a car accident or other injuries in New York. This can help you avoid dealing with the stress of the legal process on your own. It will also ensure that you receive compensation for medical expenses, lost wages, suffering and other losses.