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What Is a Personal Injury Claim? A personal injury claim is a person suffering physical or emotional injury as a result of another's negligence. The victim could be awarded compensation for the various damages, including medical bills, pain and suffering, and lost wages. Other costs could include travel appointments, home modifications, or care costs for permanent impairments. Some victims may also be able to claim special damages for mental distress. Damages A personal injury claim seeks to recover for damages suffered by the injured party because of the negligence of another individual. The victim may seek damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity of an accident as well as the type of injuries suffered. Compensation may be used to cover medical expenses loss of earnings, emotional distress, and suffering and pain. Punitive damages can be claimed in the case of extreme negligence. In a personal injury case the compensation is split into two categories: general damages and special damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in actual dollar amounts. Keep meticulous documents and receipts for any losses or expenses will help to maximize the amount of money reimbursed through special damages. Future damages can be difficult to determine because they depend on the extent of the injury and its long-term effects. Our attorneys can work with medical professionals to determine the estimated cost of ongoing treatment, additional expenses for transportation to and from appointments and any other modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and comprise the cost of discomfort and pain resulting from 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 why it's important to hire a competent lawyer representing you, since they'll be able to assess your claim for pain and suffering and provide accurate estimates based upon the specifics of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a victim for the negative effect an injury can have 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 get the appropriate compensation for these kinds of damages. Medical bills Medical bills can comprise the majority of a settlement for personal injuries especially if the victim has suffered severe injuries. If the victim of an injury does not have prior coverage that is covered by their car insurance or health insurance policy, they will be accountable for medical expenses which were part of the settlement for personal injury. The type of medical-related damages that may be claimed in a personal injury claim include any medical costs that the victim of the accident has to pay, including hospital visits, surgery and physical therapy, home health care, and medications. In Indio injury lawyer You Tube of an accident can also claim reimbursement for future medical expenses anticipated from their injuries. This could include future surgeries, rehabilitation treatments or the necessity for long-term medications. It is essential that accident victims remain current with their treatment and fully communicate with their medical professionals. This will allow them to show that the suffering and pain they are experiencing has a monetary value. Being current with treatment options will aid in recovering quicker, which is important when proving their case of their pain and suffering claim. In certain cases, medical bills could be so significant that they overtake the total settlement of a plaintiff. If this is the situation, a lien reduction attorney can assist in negotiating the medical debt to ensure that more money is put into the accident victim's pocket. Non-economic damage claims can be equally important as the financial value of an injured person's medical expenses. These damages can be emotional distress and loss of enjoyment. These damages are hard to quantify but can still be compensated. If you're pursuing a claim based on personal injury, it is important to work closely with an injury lawyer to ensure all of your losses are taken into consideration. Suffering and pain A personal injury claim is a way to recover the damages resulting from the physical pain of a victim and mental distress. It could also include other damages like loss of enjoyment of life. The concept of pain and suffering is among the most subjective types of damages, and is difficult to prove and quantify. But it is a crucial part of an injury claim. In most personal injury cases the plaintiff has the ability 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, loss of consortium, inconvenience, out-of-pocket expenses and other losses that aren't directly related to money. Damages for physical pain and mental anguish are referred to as non-economic damage and are often referred to as “pain and suffering.” They cannot be established with receipts and do not have a specific dollar amount that is attached to them. Thus, it is left to the jury determine what an appropriate amount would be. A judge is often reluctant to modify the jury's decision on pain and suffering. A judge or jury may employ a variety of methods to determine the value for pain and suffering. The multiplier method is based on multiplying the actual damages by a specific number based on the seriousness of the injuries. Another method is the per diem method which assigns a daily value to each day until the patient reaches the maximum medical recovery. Whether you are using the multiplier or per-diem method, it is crucial that you submit as much evidence and proof for your claim as you are able to. Included in this are medical records, photographs, and witness testimony. In addition, you should keep a journal detailing your injuries and how they have impacted your life. This can help you recall the details of your case if you are required to give evidence in depositions or hearings. If you are unable to reach an agreement with your insurance company, you could require a court appearance to settle your case. You can hire an attorney in New York to handle your case. An experienced lawyer will handle your claim to maximize your settlement for suffering and pain. Loss of wages Loss of wages can make up the largest portion of settlement that injured victims receive from their personal injury claims. They are the wages they could have earned in the event that they weren't forced to work a lot because of their injuries. The majority of these losses are temporary and can be recouped. In certain cases however, they may be permanent and irreparable. For the majority of people, the most straightforward way to calculate lost wages is to look at the rate of their pay and multiply it by the amount of days or weeks they were absent from work. Let's say you earn $25 an hour ($1,000 per weekly) and you're injured in a car accident. You missed four weeks of work. In this scenario your loss in earnings would be $4,000. Personal injury claims can become more complicated 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 and promotion potential. In these cases the proof of your loss in earning potential is as simple as presenting evidence that you were able to accept jobs in the past with a salary you could have earned. You may also be required to submit other documents to prove that you lost wages. You may need to submit an employer's letter verifying your lost wages, as well as tax records, profit and loss statements invoices, receipts, bank statements for business, or other correspondence related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some cases the insurance company of the other driver might compensate you for your lost wages under a no-fault lawsuit. If this is the situation, you shouldn't be required to file a personal injury lawsuit in addition to your no fault claim. If you've been injured in a car crash in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This can aid you in dealing with the stress of the legal process on your own and ensure that you get compensation for medical expenses, lost wages, pain and suffering, and other losses.