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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical 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 might include travel costs to appointments, home modifications, and the cost of care for permanent disabilities or impairments. Certain victims could also be entitled to special damages for mental suffering. Damages A personal injury claim seeks to recover for the losses suffered by an injured party because of the negligence of a third party. A victim can recover damages for both economic and non-economic losses. The amount of compensation depends on the severity and nature of injuries sustained. Compensation may be used to cover medical expenses, lost earnings, emotional distress and suffering and pain. Punitive damages, which are awarded in the case of recklessness beyond the limits, may also be claimed. The types of compensation in a personal injury case can be classified into two categories: general and special damages. Special damages are the result of incurred costs and financial losses, and are usually quantifiable. Maintaining detailed documents and receipts for any losses or expenses will aid in maximizing the amount of money that is reimbursed through special damages. Future damages are more difficult to quantify since they depend on the extent of the injury and the expected long-term impact. Our lawyers can work with medical experts to establish the estimated cost of ongoing treatment, additional expenses for travel to and from appointments and any other modifications 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, and future suffering and pain dependent on the severity of the injury. This is why it's important to hire a competent attorney on your side, as they'll know how to evaluate your claim for suffering and pain and provide accurate estimates based on the facts of your case. Other forms 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 can have on their being in a position to enjoy the activities 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 establish the appropriate compensation for these types damages. Medical bills Medical bills can comprise a large part of a personal injury settlement particularly when the victim has sustained serious injuries. If the person who suffered an injury does not have prior coverage that is covered by their car insurance or health insurance policy, they will be responsible for the medical expenses which were part of the personal injury settlement. Pomona injury attorney of medical-related damages that may be claimed in a personal injury lawsuit include any medical costs that the victim of the accident has to pay such as hospital visits, surgeries or physical therapy, home health care, and medication. In addition, an accident victim can also claim future medical expenses that are anticipated to result from their injuries. This could include future surgeries, rehabilitation treatments, or the need for long-term medical treatment. It is important that accident victims remain current on their treatment and communicate with their medical professionals. This will help them prove that their suffering has a monetary worth. Also, keeping current in treatments can help a victim of an accident recover faster and is crucial in proving the merits of their claim for pain and suffering. In some instances, the medical bills could be so large that they will exceed a plaintiff's overall settlement. If this is the situation an attorney who specializes in lien reduction can assist in negotiating the outstanding medical debts so that more money can be put into the pocket of the victim of the accident. Non-economic damage claims can be equally important as the monetary amount of an injured person's medical bills. They can be a result of emotional distress, loss of enjoyment of life and loss of consortium. These types of damages are harder to quantify, but they can still be compensated. It is essential to work with an experienced injury lawyer when you are pursuing an injury claim in order to ensure that all your losses are considered. Pain and suffering A personal injury claim is a way to recover the damages resulting from the physical pain of a victim and mental anguish. It can also include other damages, such as loss of enjoyment of life. The concept of pain and suffering is among the most subjective kinds of damages, and is difficult to quantify and prove. It's a crucial part of a personal injuries claim. In most personal injury lawsuits the plaintiff can seek both economic and noneconomic compensatory damage. The former are based on tangible losses, like medical expenses and lost wages. These include things such as pain and suffering loss of consortium, inconvenience, out-of-pocket expenses and other losses that are not directly monetary. Damages for physical pain and mental anguish are referred to as non-economic damages and are often referred to as “pain and suffering.” They aren't proved by receipts and don't have a specific dollar amount attached to them. It is the jury to decide what they think a fair award should be. Judges are often not willing to alter a jury's pain and suffering award. A judge or jury may utilize a variety of methods to calculate the amount of suffering and pain. The multiplier method involves multiplying the actual damages by a certain number based on the seriousness of injuries. The per diem method assigns a dollar amount for 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 vital that you provide as much evidence and proof for your claim as you can. Included in this are medical documents, photographs and witness testimony. In addition, you should keep a record detailing your injuries and how they have impacted your life. This will help you remember the details of your case when you have to give evidence in depositions or hearings. If you are unable to reach an agreement with your insurance company, you may need to go to court to resolve your case. You can employ an attorney in New York to handle your case. An experienced lawyer can handle your claim to maximize your amount of compensation for suffering and pain. Loss of wages Lost wages can be a large part of the compensation injured victims receive from their personal injury claims. They are the wages they could have earned in the event that they weren't forced to work a lot because of their injuries. These losses are often temporary and recoverable. In some cases they can be irreparable or permanent. For most people, the simplest method of calculating lost wages is to look at their pay rate and multiply it by the number of days or weeks they were absent from work. Let's say you earn $25 per hour ($1,000 per weekly) and were injured in a traffic accident. You missed four weeks of work. In this case, your lost earnings would be $4,000. Personal injury cases can become more complicated depending on the severity and nature of the injury. If you are permanently disabled and cannot return to work, you may be entitled to compensation, including your future loss of earnings and promotion potential. In these situations you can prove your loss of earning capacity by presenting evidence of the types of jobs you may have taken on in the past and what kind of pay these jobs could have earned. You may also have to provide other documents to prove that you lost wages. This might include a wage verification letter from your employer tax records, tax records Profit and loss statements, receipts or invoices and business bank accounts or financial-related correspondence. When calculating your lost wage bonuses and commissions can be included in the calculation. In certain cases, the insurance company of the other driver may cover your lost wages in a no-fault lawsuit. If this is the situation, you shouldn't have to file an additional personal injury lawsuit on top of your no-fault lawsuit. If you've been injured in a car accident in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This can assist you in navigating the stress of the legal procedure on your own. You can also ensure that you are compensated for your medical bills as well as lost wages, suffering and other losses.