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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 someone else. The victim could be awarded compensation for various damages, such as medical bills and pain and suffering and lost wages. Other expenses could include travel costs to appointments or home modifications, as well as the cost of care for permanent impairments or disabilities. Certain victims could also be entitled to special damages for mental suffering. Damages Personal injury claims seek compensation for the damages an injured person has suffered due to the negligence or other individual. The victim may seek damages for both economic and non-economic losses. The amount of compensation depends on the severity and nature of injuries suffered. Compensation can include expenses like medical costs and loss of earnings and can also cover damages for physical impairment, as well as emotional distress. Punitive damages that are awarded in cases of recklessness beyond the limits, may also be claimed. The kinds of compensation available in the case of personal injury fall into two categories: special and general damages. Special damages are incurred expenses and financial losses, and are generally quantifiable. Keep complete records of all expenses or losses to maximize the amount that can be repaid through special damages. Future damages can be difficult to calculate due to the fact that they are contingent on the severity of the injury and its expected long-term effects. Our lawyers can work with medical professionals to determine the estimated costs of ongoing treatment, extra expenses 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 that result from an accident. This includes compensation for past pain and discomfort and also future suffering and pain that is reasonably previsible in light of the severity of an injury. This is the reason it's essential to have a seasoned attorney on your side, as they'll be able to value your claim for suffering and pain, and will provide accurate estimates based upon the facts of your case. Other forms of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate a person for the negative effect that an injury can have on their ability to participate in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have extensive experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical expenses can be an important element of a personal injury claim, particularly when an accident results in serious injuries. If the person who suffers an injury does not have prior coverage that is covered by their car insurance or health insurance policy, they are accountable for medical expenses that were included in the personal injury settlement. Fort Collins of medical-related damages that may be claimed in a personal injury claim include any medical costs for the victim such as hospital visits, surgeries or physical therapy, home care and medication. In addition, an accident victim can also claim reimbursement for future medical expenses anticipated from their injuries. These expenses can include future surgery, rehabilitation treatments or the need for long term medication. It is crucial that accident victims stay up-to-date with their treatment and communicate fully with their medical professionals. This will help them prove that their suffering has a monetary worth. Also, keeping 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 instances medical bills may be so large that they exceed the settlement amount of a plaintiff. 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 accident victim's pocket. Non-economic damage claims are equally important as the monetary amount of a person's medical bills. These damages could include emotional distress and loss of enjoyment of living. These damages are difficult to quantify, but they could be compensated. If you are pursuing a claim for personal injury, it is important to work closely with an injury lawyer to ensure all of your losses are taken into consideration. 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. Other damages, like the loss of enjoyment of living, may be covered. The pain and suffering category is one of the more subjective types of damages that can be difficult to quantify and prove. It's a crucial 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 are those that can be tied to tangible losses, like medical expenses and lost wages. The latter category includes pain and suffering, loss in consortium and inconvenience, out-of-pocket expenses and other losses that are not monetary. Non-economic damages are also known as “pain and suffering” and cannot be proved with receipts. They don't have a dollar amount attached. Thus, it is left to the jury to decide what they believe a fair award would be. A judge is often unwilling to alter the jury's decision on suffering and pain. There are many methods a judge or jury could use to calculate the value of the victim's suffering and pain. One option is the multiplier method, which involves multiplying the amount of 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 to 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 support for your claim as possible. This includes medical records, photos witnesses' testimony, other relevant documents. Additionally, you should keep a diary detailing your injuries and how they have impacted your life. This will aid in remembering the details of your case if you are required to testify at depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary to go to trial in order to resolve your case. You can hire a New York attorney to handle your case on your behalf. An experienced lawyer can handle your claim to maximize your settlement for pain and suffering. Loss of wages Lost wages can be a large part of the compensation that injured victims receive through their personal injury claims. This is the wage they would have received if they not been forced to work a second shift because of their injuries. These losses are typically temporary and reversible. In certain instances, they could be irreparable or permanent. For the majority of people, the most straightforward method to calculate lost wages is to examine their pay rate and then multiply it by the number of weeks or days they missed from work. Let's take an example: you typically earn $25 per hour ($1,000 per week), and you were injured in a car crash which kept you out of work for four weeks. In this scenario you'd lose $4,000. The complexity of personal injury claims may increase, depending on the nature and severity of your injury. If you are permanently disabled and unable return to work, you may be entitled to damages including future loss of earnings and promotion potential. In these situations the evidence to prove your loss of 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 have to provide other documents to prove that you have lost wages. You may need to submit 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 other correspondence that is related to finance. Bonuses and commissions could be taken into consideration when calculating your lost wages. In some instances, the other driver's insurance company might cover your wages lost as a part of your no fault claim or settlement agreement. 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 attorney if you have been injured by an accident in the car or another injury in New York. This will aid you in having to navigate the legal process on your own and ensure that you are compensated for medical expenses, lost wages, suffering and other expenses.