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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm as a result of the negligence of someone else. The victim may be awarded compensation for a variety of damages, including medical bills as well as pain and suffering and lost wages. Other expenses might include travel costs for appointments and home modifications as well as care costs for permanent disabilities or impairments. Some victims may also be entitled to special damages for mental distress. Damages A personal injury claim seeks to recover for the losses suffered by an injured person due to the negligence of another individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity of the accident and the nature of injuries sustained. Compensation can cover medical expenses loss of earnings, emotional distress and suffering and pain. Punitive damages which are awarded in instances of extreme recklessness, can also be sought. In a personal injury lawsuit the compensation is divided into two categories – special damages and general damages. The financial losses and expenses incurred are known as special damages, and they are typically quantifiable in real dollars. Maintaining accurate records and receipts of any losses or expenses will help to maximize the amount of money refunded by special damages. Future damages are difficult to quantify, as they depend on the severity of the injuries sustained by a victim and their expected long-term impact. Our lawyers can work with medical experts to establish the estimated costs of ongoing treatment, the additional costs for transport to and from appointments and any modification or equipment needs that will result from permanent disabilities. General damages are often more subjective and can include compensation for the victim's suffering and pain due to an accident. This includes compensation for past discomfort and pain and also future suffering and pain that is reasonably anticipated based on the severity of the injury. This is the reason it's essential to hire a competent attorney on your side, as they will know how to value your claim for pain and suffering and give accurate estimates based on the facts of your case. Other types of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate a person for the negative effect an injury has on their ability to engage in 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 obtain the proper compensation for these types damages. Medical bills Medical bills can comprise an important portion of a personal injury settlement, especially when the victim has sustained 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 accountable for medical expenses which were part of the settlement for personal injury. The kind of medical-related injuries that can be claimed in a personal injury case include any medical expenses that the victim of the accident has to pay which includes hospital visits, surgery or physical therapy, home health care, and medication. In addition an accident victim may also claim the cost of future anticipated medical expenses resulting from their injuries. These could include future surgeries, rehabilitation treatments, or the need for long-term medical treatment. It is crucial that accident victims remain current on their treatment and communicate with their doctors. This will help them demonstrate that their pain and suffering is worth a dollar. In addition, staying current with treatment options will help the victim to recover quicker and is crucial in proving the validity of their pain and suffering claim. In some cases medical bills can be so high that they exceed the settlement amount of a plaintiff. A lien reduction lawyer will assist in negotiating the outstanding medical charges so that the victim receives more money. Non-economic damage claims can be just as important as monetary amount of an injured person's medical expenses. They can include emotional distress, loss of enjoyment of life and loss of consortium. These kinds of damages are more difficult to quantify, but they can still be compensated. It is important to consult with a seasoned injury lawyer when you pursue an injury claim in order to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury claim covers damages related to the physical pain and mental stress. It may also cover other damages like loss of enjoyment of life. Pain and suffering is among the most subjective types of damages, and is difficult to prove and quantify. It's a crucial element of a personal injury claim. In the majority of personal injury cases the plaintiff is able to recover both non-economic and economic compensation damages. The former are those that can be linked 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 costs and other losses that aren't directly related to money. Damages for mental and physical pain are referred to as non-economic damages and are referred to as “pain and suffering.” They cannot be established with receipts and do not have a set dollar amount that is attached to them. Therefore, it is left to the jury decide what they believe is a fair amount. A judge is often unwilling to alter the verdict of a jury for pain and suffering. There are several methods that jurors or judges could utilize to determine the amount of the suffering and pain suffered by a victim. The multiplier method is based on multiplying the actual damages by a particular number based on the seriousness of the injuries. Another method is the per diem method, which assigns a daily value for each day until the patient reaches maximum medical recuperation. It is essential to provide as much documentation as possible regardless of whether you are using the multiplier method or the per-diem method. Included in this are medical records, photographs and witness testimony. Schaumburg injury attorneys should also keep an account of your injuries as well as the impact they've affected your life. This will help you remember the details of your case if you are required to give evidence in depositions or hearings. If you're unable to reach an agreement with the insurance company, it might be necessary to go to trial in order to resolve your case. You can engage an New York attorney to handle your case on your behalf. An experienced lawyer can handle your claim to maximize your amount of compensation for suffering and pain. Lost wages Lost wages can be the largest portion of compensation that injured victims receive through their personal injury claim. They are the wages they would have received if they hadn't been forced to work a lot because of their injuries. Most of the time, these losses are temporary and recoverable. In certain instances, they could be irreparable or permanent. Most people can estimate their lost wages by multiplying their pay rate by the number of weeks or days that they were away from work. Let's say that you normally earn $25 an hour ($1,000 per week) and you're injured in a traffic accident. You missed four weeks of work. In this case, you would lose $4,000. Personal injury claims can become more complex depending on the severity and nature of your injury. If you are permanently disabled and unable return to work, you may be entitled to compensation which include your future loss of earnings as well as your promotion potential. In these situations, proving your lost earning potential is as easy as presenting evidence that you were able to accept positions in the past for the amount you could have earned. You may also need to provide additional documents to prove that you have lost wages. You might need to provide an employer's letter that confirms your lost wages, as well as tax records, profit and loss statements invoices, receipts and invoices bank statements for business, or correspondence regarding 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 cover your lost wages in an no-fault claim. If this is the case it's not necessary to file an additional personal injury lawsuit on top of your no-fault lawsuit. Get in touch with a seasoned personal injury lawyer if you were injured in an accident in the car or another injury in New York. This can aid you in having to navigate the legal process on your own and ensure that you get compensation for medical expenses, lost wages, suffering and other losses.