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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 to appointments, home modifications, and expenses for care for permanent impairments. Certain victims could also be entitled to specific damages for mental suffering. Damages Personal injury claims seek to recover compensation for damages that an injured person is suffering due to negligence or other individual. Victims are entitled to compensation for both economic and non-economic losses. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation can include expenses such as medical care and loss of earnings and could also include damages for physical impairment, and emotional distress. Punitive damages can be claimed in the event of extreme negligence. The types of compensation that can be claimed in the case of personal injury fall into two categories: special and general damages. Financial losses and expenses are known as special damages and are typically quantifiable in real dollar amounts. Keep complete records of all expenses or losses to maximize the amount of money that is repaid by special damages. Future damages are more difficult to quantify since they depend on the extent of a victim's injuries and their expected long-term impact. Our attorneys can collaborate with medical experts to establish the estimated costs of ongoing treatment, additional expenses for travel to and from appointments and any modification or equipment needs that will result from permanent disabilities. General damages are typically more subjective, and include compensation for the victim's pain and suffering related to an accident. Clearwater injury attorneys 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 have an experienced attorney represent you, as they can accurately assess your claim for pain and suffering depending on the specific facts of your case. Other damages that are general in nature include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative impact an injury can have on their ability to engage in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have a wealth of experience helping victims to determine the proper compensation for these types of damages. Medical bills Medical expenses can be a significant portion of the personal injury claim, particularly if an accident results in serious injuries. If the person who suffered an injury does not have an existing insurance policy that covers them, such as car insurance or health insurance policy, they are responsible for the medical costs which were part of the personal injury settlement. The type of medical-related damages that can be claimed in a personal injury claim include any medical costs for the victim such as hospital visits, surgery or physical therapy, home health care, and medications. Victims of accidents can also claim future medical expenses that are likely to arise from their injuries. These expenses could include operations, rehabilitation procedures or the need for long term medication. It is vital that accident victims keep up with their treatment and fully communicate with their medical professionals. This will help prove that the suffering and pain they experience has worth. Keeping current with treatments can aid the recovery of an accident victim sooner, which can be crucial when proving the value for their claim for pain and suffering. In some cases, the medical bills can be so substantial that they would surpass the settlement amount of a plaintiff's overall. If this is the case an attorney who specializes in lien reduction can help negotiate the outstanding medical debt so that more money can be put into the pocket of the victim of the accident. Non-economic damages can be just as important as amount in dollars of an injured person's medical expenses. These damages could include emotional stress and a loss of enjoyment of living. These damages are difficult to quantify, but they can be compensated. When pursuing a claim for personal injury, it's important to work closely with an injury lawyer to ensure that all of your losses are considered. Suffering and pain 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 one of the most subjective types of damages that can be difficult to prove and quantify. It is still an important component of a personal injury claim. In the majority of personal injury cases, the plaintiff can recover both non-economic and economic compensatory damage. The former can be linked to tangible losses, like medical expenses and lost wages. The latter includes things like suffering and suffering 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 and suffering” and are not able to be proven by receipts. They do not have a dollar amount attached. Thus, it is up to the jury to determine what a fair award would be. A judge is usually unwilling to alter the pain and suffering award. A jury or judge can utilize a variety of methods to calculate the amount for suffering and pain. One of them is the multiplier technique, which involves multiplying the actual damages by a number which is determined by the severity of the injury. Another option is the per diem method, which assigns a daily dollar value for each day until the patient reaches maximum medical recovery. If you're using the multiplier or per diem method, it is crucial that you provide as much documentation and evidence 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 impacted your life. This can help you recall the details of your case if you are required to testify in depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary to go to trial to solve your case. You can engage an New York attorney to handle your case on your behalf. A seasoned lawyer will take care of your claim and increase the compensation you receive for your pain and suffering. Loss of wages The amount of compensation that victims receive in their personal injury claim can comprise a substantial amount of lost wages. These are the wages they could have earned in the event that they weren't forced to work a lot because of their injuries. Often, these losses are temporary and reversible. In certain instances, however, they can be permanent and irreparable. For most people, the easiest method of calculating lost earnings is to take their pay rate and then multiply it by the amount of days or weeks they were absent from work. Let's take an example: you normally make $25 an hour ($1,000 per week), and you were injured in a car crash which kept you out of work for four weeks. In this case, your lost earnings would be $4,000. Personal injury claims can become more complicated based on the severity and nature of the injury. If you are permanently disabled and unable to return to work, you may be entitled to damages, including your future loss of earnings and promotion potential. In these situations, proving your lost earning potential is as easy as presenting evidence 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 in order to prove your lost wages. You may be required to provide a letter from your employer verifying your lost wages, along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or any correspondence related to finance. When calculating your lost wages, bonuses and commissions can also be taken into account. 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 need to file a personal injury lawsuit in addition to your no-fault claim. If you have been injured in a car accident in New York, or any other type of injury, you should speak with an experienced personal injury lawyer. This will help you avoid the burden of the legal system and ensure you receive compensation for medical expenses, lost income, suffering and other expenses.