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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional harm as a result of the negligence of another. The victim can receive compensation for the various damages, including medical bills, pain and suffering, and lost wages. Other expenses could include travel costs to appointments and home modifications as well as expenses for care for permanent disabilities or impairments. Some victims may also be entitled to special damages for mental distress. Damages A personal injury claim seeks compensation for damages suffered by an injured person because of the negligence of a third party. Victims may be compensated for economic and other losses. The amount of compensation depends on the severity and type of injuries sustained. Compensation may include expenses such as medical care and loss of earnings, and could also include the cost of suffering and pain, physical impairment, as well as emotional distress. Damages for punitive purposes can be claimed in cases of extreme negligence. In a personal injury claim, compensation is divided into two categories – general damages and special damages. Special damages are the result of incurred costs and financial losses, and are generally quantifiable. Keep complete records of all expenses or losses to maximize the amount reimbursed by special damages. Future damages can be difficult to calculate due to the fact that they are contingent on the severity of the injury and the expected long-term effects. Our attorneys will work with medical experts to determine the estimated cost for ongoing treatment, travel costs to and from appointments, and any equipment or modifications that might be needed due to permanent disabilities. General damages are typically more subjective and can include compensation for the victim's suffering and pain due to an accident. This includes the compensation for discomfort and pain in the past, as well future pain and suffering based on severity of injury. This is why it's important to hire a competent lawyer representing you, since they'll be able to evaluate your claim for pain and suffering and give accurate estimates based on the facts of your case. Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Palm Coast injury lawsuit of enjoyment damages compensate victims for the negative impact that an injury can have on their being in a position to enjoy the activities that they used to enjoy. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have a wealth of experience in helping victims establish the proper compensation for these types of damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries particularly when the victim has sustained serious injuries. If the victim of an injury does not have preexisting coverage paid by their car insurance or health insurance policy, they will be accountable for medical expenses that were included in the settlement for personal injury. The type of medical-related damages that can be claimed in a personal injury lawsuit include any medical expenses for the victim such as hospital visits, surgery and physical therapy, home care, and medication. Accident victims can also claim future medical expenses that are expected to arise from their injuries. These expenses could include surgeries, rehabilitation treatments or the need for long term medication. It is important that victims of accidents stay up-to-date in their treatment and communicate with their doctors. This will allow them to establish that the pain and suffering they are experiencing has a monetary value. In addition, staying current with treatments can help an accident victim get better sooner which is essential in proving the validity of their claim for pain and suffering. In some instances, medical bills can be so high that they surpass the settlement amount of a plaintiff. A lien reduction lawyer will assist in negotiating the outstanding medical bills so that the accident victim can get more money. Non-economic damages can be just as important as the amount in dollars of an injured person's medical expenses. They could include emotional distress as well as loss of enjoyment of life and loss of consortium. These kinds of damages are harder to quantify, yet they can still be compensated for. When pursuing a claim for personal injury, it's important to work closely with an attorney for injury to ensure that all of your losses are taken into consideration. Pain and suffering Personal injury claims cover damages for physical pain and mental suffering. Other damages, like the loss of enjoyment living, are also covered. Pain and suffering is among the most subjective types of damages that can be difficult to prove and quantify. It's still an important component of a personal injury claim. In most personal injury cases the plaintiff has the ability to claim both economic and non-economic compensatory damages. The first is tangible losses like medical costs and lost wages. The latter include suffering and suffering, loss in consortium and inconvenience, out-of-pocket costs and other losses that are not monetary. Damages for mental and physical pain are referred to as non-economic damage and are referred to as “pain and suffering.” They aren't proved by receipts and don't have a fixed dollar amount that is attached to them. It is up to the jury to decide what they think a fair award should be. A judge is often not willing to alter a jury's pain and suffering award. There are a variety of methods a judge or jury could utilize to determine the amount of a victim's pain and suffering. The multiplier method involves multiplying the actual damages by a specific number based on the seriousness of the injuries. The per dia method assigns a certain dollar amount to each day of the victim's recovery until they reach maximum medical recovery. Whether you are using the multiplier or per diem method, it is essential that you submit as much documentation and evidence for your claim as you are able to. Included in this are medical documents, photographs and witness testimony. In addition, you should keep a journal detailing your injuries and how they impacted your life. This will help you remember the details of your case when you have to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it may be necessary for you to go to court to solve your case. You can engage an attorney in New York to handle your case. An experienced lawyer will handle your claim to maximize your settlement for pain and suffering. Lost wages Lost wages can be a large part of the settlement that injured victims receive from their personal injury lawsuit. This is the amount they would have earned had they not been forced to work a second shift due to their injuries. Often, these losses are temporary and recoverable. In certain cases, they may be irreparable or permanent. For the majority of people, the easiest method of calculating lost wages is to look at the rate of their pay and multiply it by the number of weeks or days they were absent from work. Let's say you earn $25 an hour ($1,000 per weekly) and were injured in a traffic collision. You missed four weeks of work. In this instance, you would lose $4,000. Personal injury claims can be more complex depending on the severity and nature of your injury. For instance, if you are permanently disabled in the accident and are unable to return to your previous job You may be eligible for damages that cover your future loss of income and the potential for advancement. In these situations, you can prove your lost earning capacity by providing evidence of the kinds of jobs you could have accepted in the past and what kind of salary those jobs might have paid. You might also have to submit other documentation in order to prove your lost wages. You may need to provide an official 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 related to finance. When calculating your lost wage bonuses and commissions can be included in the calculation. In some cases the insurance company of the other driver could compensate you for your lost wages under an no-fault claim. If this is the case you shouldn't need to file a personal injury lawsuit in addition to your no-fault claim. If you've been injured in a car accident in New York, or any other kind of injury, you should speak with an experienced personal injury lawyer. This will help you escape the pressure of the legal system and ensure you get compensation for medical bills, lost income, pain and suffering and other expenses.