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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional injury due to the negligence of someone else. The victim may be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other costs could include travel appointments, home modifications, and expenses for care for permanent impairments. Some victims may also be able to claim special damages for mental suffering. Damages A personal injury claim seeks to recover for the damages sustained by the injured party due to the negligence of an individual. Victims can be compensated for both economic and other damages. The amount of compensation awarded will depend on the severity of an accident as well as the type of injuries suffered. Compensation can include expenses like medical costs and loss of earnings and may also cover the cost of physical impairment, and emotional distress. Punitive damages which are awarded in the case of extreme recklessness, may also be claimed. The types of compensation in personal injury cases can be classified into two categories: special and general damages. The financial losses and expenses incurred are referred to as special damages, and they are usually quantifiable in actual dollar amounts. Keep detailed records of any costs or losses to increase the amount that can be repaid through 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 will work with medical experts in order to determine the estimated costs for ongoing treatment, travel costs to and from appointments, and any equipment or modifications that are required due to permanent disabilities. General damages are usually more subjective and can include compensation for the victim's pain and suffering related to an accident. This includes the cost of discomfort and pain in the past, and future suffering and pain dependent on the severity of the injury. This is the reason it's essential to have a seasoned attorney on your side, as they'll be able to evaluate your claim for suffering and pain, and will provide accurate estimates based on the facts of your case. Other types of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate the victim for the negative effect an injury has on their ability to participate in the activities they once enjoyed. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have years of experience helping victims to determine the proper compensation for these kinds of damages. Medical bills Medical expenses can be an important element of an injury claim, especially when an accident has left the victim with serious injuries. If the person who suffered an injury doesn't have prior coverage that is covered by their car insurance or health insurance policy, they will be responsible for the medical costs which were part of the settlement for personal injury. St. Petersburg of medical-related injuries that can be claimed in a personal injury case include any medical costs for the victim which includes hospital visits, surgery or physical therapy, home care, and medications. In addition, an accident victim can also claim the cost of future medical expenses that are anticipated to result from their injuries. This could include future surgeries, rehabilitation procedures or the necessity for long-term medical treatment. It is important that victims of accidents stay up-to-date in their treatment and communicate with their doctors. This will help them prove that their suffering has a monetary worth. Additionally, keeping up-to-date with treatment options will help the victim recover faster and is crucial in proving the merits of their pain and suffering claim. In some cases, the medical bills can be so substantial that they would exceed a plaintiff's overall settlement. A lien reduction lawyer will help negotiate the outstanding medical bills so that the accident victim receives more money. Non-economic damages can be as significant as medical bills for a person who has been injured. These damages can include emotional distress and loss of enjoyment of living. These types of damages are harder to quantify, but can still be compensated for. It is crucial to consult with an experienced injury lawyer when you pursue an injury claim in order to ensure that all your losses are taken into account. Pain and suffering A personal injury claim is a way to recover the costs incurred by the physical pain and mental anguish. Other damages, such as the loss of enjoyment living, may be covered. The pain and suffering category is one of the subjective types of damages which can be difficult to quantify and prove. However it is a crucial component of an injury claim. In the majority of personal injury cases the plaintiff can seek both non-economic and economic compensation damage. The first are tangible losses such as medical costs and lost wages. These include things like suffering and suffering loss of consortium, inconvenience, out-of-pocket expenses and other losses that aren't directly financial. Damages for mental and physical pain are referred to as non-economic damages and are referred to as “pain and suffering.” They cannot be proven with receipts and do not have a fixed dollar amount that is attached to them. Thus, it is left to the jury to decide what they believe a fair award would be. A judge is usually reluctant to modify a jury's award for suffering and pain. There are several methods that jurors or judges could employ to determine the value of the victim's suffering and pain. One of them is the multiplier method which involves multiplying actual damages by a number that depends on the severity of the victim's injuries. Another method is the per diem method, which gives a daily amount to each day until the victim has reached maximum medical recovery. Whether you are using the multiplier or per diem method, it is crucial that you provide as much evidence and proof for your claim as possible. This includes medical records, photographs, witness testimony, and other relevant documents. In addition you should keep a record detailing your injuries and how they impacted your life. This will help you remember the details of your case when you are required to testify in depositions or hearings. If you are unable to reach an agreement with your insurance company, you could have to go to court to resolve your issue. You can employ an experienced New York attorney to handle your case on your behalf. A seasoned lawyer can handle your claim to maximize your settlement for pain and suffering. Lost wages Lost wages are an important component of the compensation injured victims receive from their personal injury claim. These are the wages they would have received if they hadn't been forced to miss work because of their injuries. These losses are usually temporary and reversible. In some cases they can be permanent or irreparable. For most people, the easiest method to calculate lost wages is to look at their pay rate and then multiply it by the amount of days or weeks they were absent from work. For instance, let's say you typically earn $25 per 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 scenario the loss of earnings would be $4,000. Personal injury claims can be more complex depending on the severity and nature of the injury. If you are permanently disabled and cannot return to work, you could be entitled to damages including future loss of earnings as well as your promotion potential. In these cases the evidence to prove your loss of earning potential is as easy as proving that you were able to take positions in the past for a salary you could have earned. You might also have to submit other documentation to prove that you lost wages. This might include a letter of verification from your employer tax records, profit and loss statements, invoices or receipts as well as business bank accounts or financial-related correspondence. Bonuses and commissions can be taken into consideration when calculating your lost wages. In certain cases the insurance of the other driver's company could pay for your wages lost as a part of your no fault claim or settlement agreement. If this is the case it's not necessary to file an additional personal injury lawsuit in addition to your no-fault lawsuit. If you have been injured in a crash in New York, or any other kind of injury, you should seek out a seasoned personal injury lawyer. This can aid you in dealing with the stress of the legal procedure on your own. You can also ensure that you get compensation for medical expenses, lost wages, pain and suffering, and other losses.