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What Is a Personal Injury Claim? A personal injury lawsuit involves a person suffering physical or emotional harm as a result of someone else's negligence. The victim may be entitled to compensation for medical bills and pain, suffering and lost wages. Other expenses could include travel to appointments, home modifications, or care costs for permanent impairments. Some victims may also be entitled to specific damages for mental suffering. Damages Personal injury claims seek compensation for the losses that an injured person suffers due to negligence of an individual or another. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and nature of injuries sustained. Compensation may cover medical expenses as well as lost earnings, emotional distress, and pain and suffering. Punitive damages are possible in the case of extreme negligence. The types of compensation in a personal injury case are classified into two categories: special and general damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Keep meticulous records of any expenses or losses to maximize the amount that can be repaid through special damages. Future damages are more difficult to quantify because they are based on the severity of the injury and their expected long-term impact. Our lawyers will work with medical experts to determine the estimated costs for ongoing treatment, travel expenses to and from appointments, and any modifications or equipment that are needed due to permanent disabilities. General damages are more subjective and encompass compensation for the victim's discomfort and pain resulting from an accident. This includes the compensation for discomfort and pain in the past, as well as future pain and suffering based on severity of injury. This is why it's important to hire a competent attorney representing you, as they'll be able to assess your claim for suffering and pain, and will provide accurate estimates based on the facts of your case. Concord injury attorney of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury has on them being in a position to enjoy the activities that they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, however our lawyers have extensive experience assisting victims in establishing the appropriate compensation for these kinds of damages. Medical bills Medical expenses can be an important element of a personal injury claim, especially when an accident has left the victim with serious injuries. If the person who suffers an injury is not covered by preexisting coverage paid by their car insurance or health insurance policy, they are accountable for medical expenses that were included in the personal injury settlement. The types of medical-related damages that may be claimed in a personal injury case include any medical expenses for the victim such as hospital visits, surgery and physical therapy, home care, and medication. In addition, an accident victim can also claim future medical expenses that are anticipated to result from their injuries. These expenses could include operations, rehabilitation procedures or the requirement for long term medication. It is essential that victims of accidents stay up-to-date with their treatment and fully communicate with their physicians. This will establish that the pain and suffering they are suffering from has a monetary value. Staying current with treatments will aid in recovering quicker, which is important when proving the merits for their pain and suffering claim. In certain instances medical bills may be so large that they exceed the settlement amount of the plaintiff. A lien reduction attorney can assist in negotiating the outstanding medical bills so that the accident victim can get more money. Non-economic damages are as important as the amount of medical bills for a person who has been injured. These damages can include emotional distress and loss of enjoyment of living. These damages are hard to quantify, but they can be compensated. If you are pursuing a claim for personal injury, it's essential to work closely an attorney for injury to ensure that all of your losses are considered. Pain and suffering A personal injury claim covers damages related to the physical pain and mental distress. Other damages, like the loss of enjoyment living, are also covered. Pain and suffering is one of the subjective types of damages that are difficult to quantify and prove. It is still an important element of a personal injury claim. In most personal injury lawsuits the plaintiff can seek both non-economic and economic compensatory damages. The first are tangible losses such as medical expenses and lost wages. These include things such as pain and suffering as well as loss of consortium inconvenience, out-of-pocket costs and other losses that are not directly financial. Non-economic damages are also referred to as “pain & suffering” and are not able to be proven by receipts. They don't have a dollar amount attached. Thus, it is left to the jury to decide what they believe an appropriate amount would be. A judge is often reluctant to modify the verdict of a jury for pain and suffering. A jury or judge can utilize a variety of methods to calculate the value for 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. The per diem method assigns a dollar amount to each day of the victim's recovery until they reach the maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you are using the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. In addition you should keep a journal 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 are required to give evidence in depositions or hearings. If you're unable to reach an agreement with your insurance company, you may have to go to court to resolve your issue. You can employ an experienced New York attorney to handle your case for you. An experienced lawyer will help you maximize your amount of compensation for pain and suffering. Lost wages The amount of compensation that victims receive for their personal injury claims can include a significant amount of lost wages. They are the wages they could have earned had they not been forced to miss work because of their injuries. Often, these losses are temporary and can be recouped. In certain instances however, they may be irreparable and permanent. Most people can determine their lost earnings by multiplying their pay rate by the number weeks or days they were out of work. Let's suppose that you earn $25 an hour ($1,000 per weekly) and were injured in a traffic collision. You missed four weeks of work. In this scenario the loss of earnings would be $4,000. Personal injury cases can become 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 the loss of future income and the potential for advancement. In these cases the proof of your loss in earning potential is as simple as proving that you were able to take jobs in the past at a salary you could have earned. You may also need to provide additional documentation to prove your lost wages. You might need to provide an employer's letter verifying your lost wages, as well as tax records, profit-and-loss statements invoices, receipts and invoices 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 may pay your lost wages as an no-fault claim. If this is the case you shouldn't need to file a separate personal injury lawsuit in addition to your no-fault lawsuit. If you have been injured in a crash in New York, or any other type of injury you should speak with an experienced personal injury lawyer. This will allow you to avoid the stress of the legal system and ensure you receive compensation for medical expenses and lost income, as well as suffering and other losses.