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What Is a Personal Injury Claim? A personal injury lawsuit involves the victim suffering emotional or physical harm due to someone else's negligence. The victim could be entitled to compensation for medical bills, pain, suffering, and lost wages. Other expenses could include travel appointments, home modifications and the cost of care for those with permanent impairments. Some victims may also be able to claim special damages for mental pain. Damages A personal injury claim seeks compensation for the losses suffered by an injured person due to the negligence of a third party. Victims can be compensated for both economic and non-economic damages. The amount of reimbursement depends on the severity of the accident and the nature of injuries sustained. Compensation may be used to cover medical expenses, lost earnings, emotional distress, and pain and suffering. Damages for punitive purposes can be claimed in cases of extreme negligence. In a personal injury claim the compensation is divided into two categories namely general damages and special damages. Expenses and financial losses incurred are known as special damages, and they are usually quantifiable in actual dollars. Keep detailed records of any costs or losses to increase the amount of money that is repaid by special damages. Future damages are harder to quantify, as they are based on the severity of the injuries sustained by a victim and their expected long-term impact. Our attorneys can collaborate with medical professionals to determine the estimated costs of ongoing treatment, additional expenses for transport to and from appointments and any modification or equipment requirements that result from permanent disabilities. General damages are more subjective and include compensation for the victim's discomfort and pain resulting from an accident. This includes compensation for pain and discomfort in the past, as well as future suffering and pain dependent on the severity of the injury. It is essential to choose an experienced attorney represent you, as they will be able to accurately estimate the amount of your claim for pain and suffering in light of the facts of your particular case. Other forms of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their being in a position to enjoy the activities that they used to enjoy. Loss of emotional distress or companionship is more difficult to quantify. However our lawyers have a wealth of experience in helping victims get the right compensation for these kinds of damages. Medical bills Medical expenses can make up the largest portion of a personal injury claim, especially when an accident results in serious injuries. If the victim of the accident did not have preexisting coverage that was paid by either an insurance policy for cars or health insurance, they will be responsible for paying back the amount of the medical expenses from their personal injury settlement. The types of medical-related damages that can be claimed in a personal injury lawsuit include any medical expenses incurred by the accident victim, including hospital visits, surgery, physical therapy, home care, and medications. In addition, an accident victim can also claim reimbursement for future medical expenses that are anticipated to result from their injuries. These can include future surgeries, rehabilitation treatments or the requirement for long-term medical treatment. It is essential that accident victims stay up-to-date with their treatment, and communicate fully with their medical professionals. This will establish that the suffering and pain they experience has financial value. Staying current with treatments will aid in recovering sooner, which can be important when proving the merits for their pain and suffering claim. In some cases, the medical bills may be so large that they surpass the settlement amount of a plaintiff's overall. A lien reduction attorney will assist in negotiating the outstanding medical bills so that the accident victim will receive more money. Non-economic damage claims can be equally important as the financial value of an injured person's medical expenses. These damages can include emotional distress and loss of enjoyment of living. These kinds of damages are difficult to quantify, but they can still be compensated. It is essential to consult with an experienced injury lawyer when you pursue a personal injury claim to ensure that all of your losses are taken into consideration. Suffering and pain Personal injury claims are a way to recover damages for physical pain and mental suffering. It can also include other damages like loss of enjoyment of life. Pain and suffering are one of the subjective types of damages that can be difficult to quantify and prove. Wilmington is still an important 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 based on tangible losses, like medical expenses and lost wages. The latter includes the loss of suffering and pain, in consortium and inconvenience, out-of-pocket costs and other non-monetary losses. Non-economic damages are also known as “pain & suffering” and cannot be proved by receipts. They do not include a dollar amount. Therefore, it is left to the jury determine what they feel a fair award would be. A judge is often not willing to alter the jury's pain and suffering award. There are a variety of methods jurors or judges can employ to determine the value of the suffering and pain suffered by a victim. The multiplier method is based on multiplying the actual damages by a specific number based on the severity of injuries. The per diem method assigns a dollar amount to each day of recovery until they reach their maximum medical recovery. If you're using the multiplier or per diem method, it is crucial that you submit as much documentation and evidence for your claim as possible. Included in this are medical records, photographs and witness testimony. It is also recommended to keep journals that detail your injuries as well as the impact they have had on your life. This will help you remember the details of your case when you are required to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it might be necessary for you to go to court to solve your case. You can engage a New York attorney to handle your case on your behalf. A seasoned lawyer can manage your claim and maximize the compensation you receive for your pain and suffering. Loss of wages Loss of wages can make up a large part of the compensation injured victims receive from their personal injury lawsuit. These are wages they could have earned in the event that they weren't forced to miss work due to their injuries. The majority of these losses are temporary and reversible. In some cases they can be permanent or irreparable. Most people can determine their lost earnings by multiplying their pay rate by the number of weeks or days that they were off work. Let's say you earn $25 an hour ($1,000 per weekly) and you're injured in a traffic collision. You missed four weeks of work. In this scenario your loss in earnings would be $4,000. The complexities of personal injury claims may increase, based on the severity and nature of your injury. For instance, if permanently disabled in the accident and unable to return to work You may be able to claim damages that could include the loss of future income and potential for promotion. In these instances the proof of your loss in earning potential is as easy as proving that you were able to accept jobs in the past with the amount you could have earned. You may also have to provide other documents to prove that you lost wages. You may need to submit an employer's letter to confirm your lost wages as well as tax records, profit and loss statements invoices, receipts, bank statements for business, or correspondence regarding finance. Bonuses and commissions may be taken into consideration when calculating your lost wages. In certain instances, the other driver's insurance company may be able to cover 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 in addition to your no-fault claim. If you've been injured in a crash in New York, or any other kind of injury, you should consult an experienced personal injury lawyer. This can assist you in navigating the stress of the legal process on your own and ensure that you get compensation for your medical bills as well as lost wages, pain and suffering, and other losses.