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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 another. The victim may be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other costs could include travel appointments, home modifications, and the cost of care for those with permanent impairments. Some victims may also be entitled to specific damages for mental distress. Damages A personal injury claim seeks compensation for the damages sustained by an injured party due to the negligence of a third party. Victims may be compensated for both economic and other damages. The amount of compensation depends on the severity and nature of injuries suffered. Compensation can cover expenses like medical costs and loss of earnings and may also cover the cost of physical impairment, as well as emotional distress. Damages for punitive purposes can be claimed in cases of extreme negligence. In a personal injury claim, compensation is divided into two categories – general damages and special damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Maintaining accurate documents and receipts for any losses or expenses will help maximize the amount of money reimbursed by special damages. Future damages aren't always easy to estimate because they depend on the extent of the injury and the expected long-term effects. Our lawyers can work with medical experts to determine the estimated cost of ongoing treatment, the additional costs for transport to and from appointments, and any other modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and include compensation for the victim's discomfort and pain that result from an accident. This includes compensation for past discomfort and pain, as well as future suffering and pain that is reasonably anticipated depending on the severity of the injury. This is why it's crucial to have a seasoned attorney representing you, as they'll be able to evaluate your claim for suffering and pain and give accurate estimates based on the specifics of your case. Other types of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their being able to enjoy activities they used to love. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have extensive experience in helping victims establish the appropriate compensation for these types of damages. Medical bills Medical expenses can be a significant portion of a personal injury claim, particularly if an accident has left the victim with serious injuries. If the victim of the accident did not have an existing insurance policy that was covered through an insurance policy for cars or health insurance policy, they will be accountable for the amount of medical expenses from their personal injury settlement. Medical-related injuries include hospital visits, surgery and physical therapy. They also include home care and medication. Accident victims can also claim future medical expenses that are likely to arise from their injuries. These could include future surgeries, rehabilitation treatments or the requirement for long-term medications. It is important that accident victims remain current with their treatment and fully communicate with their medical professionals. This will help them prove that their pain and suffering is worth a dollar. Also, keeping current in treatments can help a victim of an accident get better sooner which is essential in proving the validity of their claim for pain and suffering. In certain instances medical bills may be so high that they surpass the settlement amount of a plaintiff. A lien reduction attorney can help negotiate the outstanding medical bills so that the victim can get more money. 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 and loss of enjoyment life and loss of consortium. These kinds of damages are more difficult 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 of your losses are taken into account. Suffering and pain Personal injury claims cover damages for physical pain and mental suffering. Other damages, like the loss of enjoyment of living, may be covered. Pain and suffering are one of the more subjective types of damages which can be difficult to quantify and prove. However, it is an important element of an injury claim. In Deerfield Beach injury lawsuit of personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The first is tangible losses like medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium and inconvenience, out-of-pocket costs and other losses that are not monetary. Damages for physical pain and mental anguish are referred to as non-economic damage and are also referred to as “pain and suffering.” They aren't established by receipts and don't have a specific dollar amount associated with them. It is up to the jury to decide what they think an appropriate amount should be. A judge is usually unwilling to alter the pain and suffering award. A judge or jury can employ a variety of methods to determine the value for pain and suffering. The multiplier method is based on multiplying the actual damages by a particular number based on the severity of injuries. Another method is the per diem method which assigns a daily value to each day until the victim reaches maximum medical recovery. It is essential to provide as much documentation as possible regardless of whether you are using the multiplier method or the per-diem method. This includes medical records, photos as well as witness testimony and other relevant documents. It is also recommended to keep a journal that details your injuries and the impact they've had on your life. This will help you remember the details of your case if you have to testify in depositions or at hearings. If you are unable reach an agreement with the insurance company, it might be necessary to go to trial to resolve your case. You can hire an experienced New York attorney to handle your case for you. An experienced lawyer will take care of your claim and increase the compensation you receive for your pain and suffering. Lost wages The compensation injured victims receive in their personal injury claim can comprise a substantial amount of lost wages. They are the wages they could have earned had they not been forced to work a lot because of their injuries. These losses are often temporary and reversible. In some cases they can be permanent or irreparable. Most people determine their lost earnings by multiplying their salary by the number weeks or days that they were out of work. Let's suppose that you earn $25 per hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this case the loss of earnings would be $4,000. Personal injury claims can be more complicated depending on the severity and nature of your injury. For instance, if you were permanently disabled as a result of the accident and cannot return to your previous job you may be eligible for damages that include the loss of future income and the possibility of promotion. In these instances, you can prove your lost earning capacity by providing evidence of the kinds of jobs you may have taken on in the past, and what kind of wages those jobs would have offered. You may also need to provide additional documentation in order to prove your lost wages. You might need to submit a letter from your employer verifying your lost wages, along with tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or other correspondence regarding finance. When calculating your lost wages, bonuses and commissions can also be taken into account. In some instances the insurance company of the other driver could pay your lost wages as an no-fault claim. If this is the scenario, you do not have 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 kind of injury, you should consult an experienced personal injury lawyer. This can help you avoid having to navigate the legal process on your own and ensure that you are compensated for your medical bills as well as lost wages, suffering and other losses.