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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered emotional or physical harm as a result of the negligence of another. The victim can receive compensation for various damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel to appointments, home modifications and expenses for care for permanent impairments. Some victims could also seek special damages for mental suffering. Damages A personal injury claim seeks compensation for the damages sustained by an injured party due to the negligence of another individual. Victims may be compensated for economic and other losses. The amount of reimbursement depends on the severity of an accident as well as the type of injuries sustained. Compensation may cover medical expenses loss of earnings, emotional distress and pain and suffering. Punitive damages that are awarded in instances of extreme recklessness, may also be claimed. In a personal injury lawsuit, compensation is divided into two categories: special damages and general damages. Special damages are incurred expenses and financial losses, and are typically quantifiable. Keeping detailed records and receipts for any losses or expenses can help to maximize the amount of money refunded through special damages. Future damages are harder to quantify since they are based on the severity of the injury and the long-term effects they are expected to have. Our lawyers can work with medical experts to determine the estimated cost of ongoing treatment, 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 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 suffering and pain that is reasonably foreseeable depending on the severity of the injury. This is why it's important to have a seasoned lawyer representing you, since they will know how to value your claim for suffering and pain and give accurate estimates based on the facts of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate the victim for the negative effect that an injury can have on their ability to participate in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have years of experience helping victims to determine the appropriate compensation for these kinds of damages. Medical bills Medical expenses can be the largest portion of an injury claim, especially when an accident leaves the victim with 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 responsible for the medical costs that were included in the personal injury settlement. Medical-related damages include hospital visits, surgeries and physical therapy. They also include home care and medication. Additionally, an accident victim can also claim reimbursement for future anticipated medical expenses resulting from their injuries. This could include future surgeries, rehabilitation procedures or the requirement for long-term medical treatment. It is important that accident victims stay current in their treatment and communicate with their medical professionals. This will allow them to show that the pain and suffering they are suffering from has a financial value. Being current with treatment options will aid in recovering faster, which is important when proving their case for their pain and suffering claim. In some instances, the medical bills could be so large that they would exceed a plaintiff's overall settlement. If this is the case an attorney who specializes in lien reduction can help negotiate the medical debt to ensure that more money can be put into the pocket of the victim of the accident. Non-economic damages can be as important as the amount of medical bills for an injured person. They can be a result of emotional distress as well as loss of enjoyment of life and loss of consortium. These types of damages are more difficult to quantify, but they can still be compensated. It is important to consult with a seasoned injury lawyer when you are pursuing a personal injury claim to ensure that all of your losses are taken into account. Pain and suffering A personal injury claim covers the damages resulting from the physical pain of a victim and mental anguish. It could also include other damages such as loss of enjoyment of life. Pain and suffering is one of the more subjective types of damages that are difficult to quantify and prove. It's a crucial component of a personal injury claim. In the majority of personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The former are those that are based on tangible losses, such as medical expenses and lost wages. The latter includes things such as pain and suffering, loss of consortium, inconvenience, out-of-pocket costs, and other losses that are not directly monetary. Damages for physical pain and mental anguish are referred to as non-economic damage and are referred to as “pain and suffering.” They are not proven with receipts and do not have a set dollar amount attached to them. Therefore, it's left to the jury decide what they believe a fair award would be. A judge will often be unwilling to alter the jury's decision on pain and suffering. There are several methods that jurors or judges can use to calculate the value of a victim's pain and suffering. One method is the multiplier method, which involves multiplying the amount of damages by a number which is determined by the severity of the victim's injuries. Another option is the per diem method which assigns a daily dollar value for each day until the victim reaches the maximum medical recovery. It is important to provide as much documentation as you can, whether you use the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. In addition, you should keep a diary detailing your injuries and how they have affected your life. This can help you recall the details of your case in the event that you need to testify in depositions and hearings. If you are unable to reach an agreement with your insurance company, you could need to go to court to settle your case. You can hire an New York attorney to handle your case on your behalf. An experienced lawyer will help you maximize your amount of compensation for suffering and pain. Lost wages The amount of compensation that victims receive in their personal injury claim may include a significant amount of lost wages. This is the amount they would have received if they not had to take time off work because of their injuries. These losses are usually temporary and reversible. In certain cases, they may be permanent or irreparable. For most people, the most straightforward method of calculating lost earnings is to take their pay rate and multiply it by the number of weeks or days they were absent from work. Let's take an example: you usually earn $25 an hour ($1,000 per week) but you were injured in a car crash that prevented you from going to work for four weeks. In this case the loss of earnings would be $4,000. The complexities of personal injury cases can increase, depending on the nature and severity of your injury. For instance, if you were permanently disabled in the accident and unable to return to work you may be entitled to damages that cover the loss of future income and the possibility of promotion. In these situations you can prove your loss of earning capacity by showing evidence of the kind of jobs you may have accepted in the past, and what kind of pay these jobs could have paid. You may also be required to provide other documents to prove you lost wages. You may need to submit a letter from your employer to confirm your lost wages as well as tax records, profit and loss statements invoices, receipts, bank statements for business, or any correspondence that is related to finance. Bonuses and commissions may be taken into consideration when calculating your lost wages. In certain instances, the other driver's insurance company could pay for your lost wages as part of your no-fault claim or settlement agreement. If this is the case, you shouldn't have to file a personal injury lawsuit on top of your no-fault claim. If image source 've been injured in a crash in New York, or any other kind of injury, you should speak with an experienced personal injury lawyer. This will assist you in having to navigate the legal process on your own and ensure that you are compensated for medical expenses and lost wages, as well as pain and suffering, and other expenses.