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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered emotional or physical injury due to the negligence of a third party. The victim may be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other expenses might include travel expenses to appointments and home modifications as well as expenses for care for permanent disabilities or impairments. Some victims may also be entitled to special damages for mental distress. Damages A personal injury claim seeks compensation for the damages sustained by an injured party because of the negligence of a third party. Victims are entitled to compensation for both economic and other losses. The amount of reimbursement depends on the severity of an accident and the types of injuries suffered. Compensation may include expenses like medical costs and loss of earnings and can also cover the cost of physical impairment, as well as emotional distress. Punitive damages are possible in the case of extreme negligence. The kinds of compensation available in the case of personal injury can be classified into two categories: general and special damages. The financial losses and expenses incurred are known as special damages, and they are usually quantifiable in actual dollars. Keep complete records of all expenses or losses in order to maximize the amount of money that is repaid by special damages. Future damages are difficult to quantify, as they are based on the severity of the injuries sustained by a victim and their expected long-term impact. Our attorneys can work with medical professionals to determine the estimated costs of ongoing treatment, additional costs for transportation to and from appointments, and any modification or equipment requirements that result from permanent disabilities. General damages are more subjective and comprise the cost of discomfort and pain resulting from an accident. This includes compensation for pain and discomfort that has occurred in the past as well as for future suffering and pain that is reasonably anticipated based 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 assess your claim for pain and suffering and provide accurate estimates based on the facts of your case. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact that an injury can have on their being in a position to enjoy the activities they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, however our lawyers have years of experience assisting victims in establishing the appropriate compensation for these types of damages. Medical bills Medical expenses can be an important element of a personal injury claim, particularly if an accident has left the victim with serious injuries. If the injured party did not have prior coverage that was covered through an insurance policy for cars or health insurance policy, they will be responsible for paying back the amount of medical expenses incurred from the settlement for personal injury. Medical-related injuries include hospital visits, surgery and physical therapy. They also cover medical treatment at home and. Accident victims may also be able to claim future medical expenses likely to result from their injuries. These expenses can include future surgeries, rehabilitation treatments or the need for long term medication. It is vital that victims of accidents keep up with their treatment, and communicate fully with their doctors. This will help them prove that their suffering is worth a dollar. Being current with treatment options will aid the recovery of an accident victim sooner, which can be crucial when proving the value for their claim for pain and suffering. In certain cases, medical bills may be so large that they will overtake the total settlement of a plaintiff. If this is the situation the lien reduction lawyer can help negotiate the outstanding medical debt so that more money can be deposited into the accident victim's pocket. Non-economic damages can be just as important as amount in dollars of a person's medical bills. They can be a result of emotional distress as well as loss of enjoyment of life, and loss of consortium. These damages are hard to quantify but can still be compensated. It is important to consult with an experienced injury lawyer when pursuing an injury claim in order to ensure that all of your losses are taken into account. Suffering and pain A personal injury lawsuit covers the damages resulting from the physical pain and mental distress. Other damages, such as the loss of enjoyment living, can be included. The concept of pain and suffering is among the most subjective types of damages, and is difficult to prove and quantify. However it is a crucial part of a personal injury claim. In the majority of personal injury cases the plaintiff is able to claim both economic and non-economic compensatory damages. The first is tangible losses like medical costs and lost wages. The latter includes things such as pain and suffering loss of consortium, inconvenience, out-of-pocket costs and other losses that aren't directly monetary. Damages for mental and physical pain are referred to as non-economic damages and are also referred to as “pain and suffering.” They aren't established by receipts and don't have a specific dollar amount that is attached to them. Thus, it is up to the jury to determine what they feel a fair award would be. A judge will often be unwilling to alter a jury's award for pain and suffering. A judge or jury may use several methods to calculate the amount of suffering and pain. One of them is the multiplier technique, which involves multiplying the actual damages by a number that depends on the severity of the injury. Another method is the per diem method which assigns a daily value for each day until the victim has reached the maximum medical recovery. If you're using the multiplier or per-diem method, it is vital to provide as much evidence and proof for your claim as you can. Included in this are medical documents, photographs and witness testimony. Additionally, you should keep a journal detailing your injuries and how they affected your life. This will aid in remembering the details of your case in the event that you have to testify at depositions or at hearings. If you are unable to reach an agreement with the insurance company, it could be necessary to go to trial to resolve your case. You can engage an New York attorney to handle your case for you. An experienced lawyer will manage your claim and maximize the amount you get for your pain and suffering. Loss of wages Lost wages are a large part of the compensation that injured victims receive through their personal injury claims. This is the amount they would have received if they not been forced to work a second shift because of their injuries. These losses are often temporary and recoverable. In certain cases however, they could be irreparable and last forever. Most people estimate their lost wages by multiplying their wage by the number weeks or days that they were away from work. For instance, let's say you typically earn $25 an hour ($1,000 per week) and you were injured in a car accident that kept you out of work for four weeks. In this case your loss in earnings would be $4,000. Personal injury cases can become more complex depending on the severity and nature of the injury. If you are permanently disabled and unable return to work, you could be entitled to damages, including your future loss of earnings and advancement potential. In these situations, proving your lost earning potential is as easy as proving that you were able to accept positions in the past for the amount you could have earned. Schaumburg injury attorney may also need to provide other documents to prove that you have lost wages. This might include a wage verification letter from your employer, tax records Profit and loss statements, invoices or receipts as well as business bank accounts or financial-related correspondence. When calculating your lost wage, bonuses and commissions can be included in the calculation. 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 on top of your no-fault lawsuit. Get in touch with a seasoned personal injury lawyer if you were injured in an automobile accident or other injuries in New York. This will allow you to avoid the pressure of the legal system and ensure that you are compensated for medical bills loss of income, suffering and other expenses.