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What Is a Personal Injury Claim? A personal injury lawsuit involves someone who has suffered physical or emotional injury as a result of someone else's negligence. The victim may be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses could include travel costs for appointments, home modifications, and expenses for care for permanent impairments or disabilities. Some victims may also be able to claim special damages for mental pain. Damages A personal injury claim seeks compensation for the losses suffered by an injured party due to the negligence of another individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity of the accident and the nature of injuries sustained. Compensation can include expenses such as medical care and loss of earnings and can also cover the cost of pain and suffering, physical impairment, as well as emotional distress. Punitive damages which are awarded in cases of extreme recklessness, may also be claimed. Odessa injury attorney You Tube of compensation in personal injury cases are classified into two categories: general and special damages. Special damages are incurred expenses and financial losses, and are typically quantifiable. Maintaining detailed documents and receipts for any losses or expenses will help maximize the amount of money that is reimbursed by special damages. Future damages are more difficult to quantify, as they depend on the severity of the injury and the expected long-term impact. Our lawyers can work with medical professionals to determine the estimated costs of ongoing treatment, extra costs for transportation to and from appointments and any other modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and comprise the cost of discomfort and pain that result from an accident. This includes the compensation for past pain and discomfort as well as for future pain and suffering that is reasonably anticipated based on the severity of an injury. This is why it's important to have a skilled attorney representing you, as they will know how to value your claim for suffering and pain, and will provide accurate estimates based upon the specifics of your case. Other general damages include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a victim for the negative impact an injury can have on their ability to engage in activities they previously enjoyed. Loss of companionship and emotional distress can be more difficult to quantify, however our lawyers have years of experience in helping victims establish the right amount of compensation for these types of damages. Medical bills Medical bills can be the largest portion of an injury claim, particularly if an accident leaves the victim with serious injuries. If the person who suffers an injury does not have an existing insurance policy that covers them, such as car insurance or health insurance policy, they are responsible for the medical expenses that were included in the settlement for personal injuries. The types of medical-related damages that may be claimed in a personal injury lawsuit include any medical costs incurred by the accident victim which includes hospital visits, surgery and physical therapy, home care, and medication. Additionally an accident victim may also claim reimbursement for future medical expenses anticipated from their injuries. These expenses can include future operations, rehabilitation procedures or the requirement for long-term medication. It is essential that accident victims stay up-to-date with their treatment and be in constant contact with their medical professionals. This will help show that the suffering and pain they are suffering from has a worth. Keeping current with treatments can aid the recovery of an accident victim quicker, which is important when proving their case of their pain and suffering claim. In some cases medical bills can be so high that they surpass the settlement amount of a plaintiff. If this is the situation the lien reduction lawyer can assist in negotiating the outstanding medical debts so that more money can be put into the accident victim's pocket. Non-economic damages can be just as important as monetary amount of an injured person's medical bills. They could include emotional distress and loss of enjoyment life, and loss of consortium. These damages are difficult to quantify, but they can be compensated. It is important to work with an experienced injury lawyer when you are pursuing an injury claim in order to ensure that all your losses are taken into account. Pain and suffering Personal injury claims cover damages for physical pain and mental suffering. It may also cover other damages such as loss of enjoyment of life. Pain and suffering is one of the types of damages that are subjective that are difficult to quantify and prove. It is still an important part of a personal injuries claim. In most personal injury cases the plaintiff has the ability to recover economic and noneconomic compensatory damages. The first category is tangible losses, such as medical expenses and lost wages. The latter include things such as pain and suffering loss of consortium, inconvenience, out-of-pocket expenses, and other losses that are not directly related to money. Damages for mental and physical anguish are referred to as non-economic damage and are also referred to as “pain and suffering.” They aren't established with receipts and do not have a fixed dollar amount attached to them. It is the jury to decide what they think is a fair amount to award. A judge is often reluctant to modify a jury's award for pain and suffering. A judge or jury can employ a variety of methods to determine the amount for suffering and pain. The multiplier method involves multiplying actual damages by a particular amount based on the severity of injuries. Another option is the per diem method which assigns a daily dollar value for each day until the victim reaches maximum medical recovery. It is crucial to have as much documentation as you can regardless of whether you are using the multiplier method or the per-diem method. This includes medical records, photos witnesses' testimony, other relevant documents. You should also keep journals that detail your injuries and the impact they've had on your life. This will help you remember the details of your case when you have to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it may be necessary for you to go to court to solve your case. You can engage an attorney in New York to handle your case. An experienced lawyer will handle your claim to maximize your amount of compensation for pain and suffering. Lost wages Lost wages can be an important component of the compensation injured victims receive from their personal injury claims. These are wages they could have earned if they hadn't been forced to miss work due to their injuries. These losses are often temporary and can be recouped. In certain instances however, they may be irreparable and last forever. For most people, the easiest method to calculate lost wages is to look at the rate of their pay and multiply it by the amount of days or weeks they were absent from work. Let's say you earn $25 per hour ($1,000 per weekly) and you were injured in a car accident. You missed four weeks of work. In this instance the loss of earnings would be $4,000. Personal injury claims can be more complicated based on the severity and nature of the injury. If you are permanently disabled and unable return to work, you may be entitled to compensation including future loss of earnings and promotion potential. In these situations, you can prove your lost earning capacity by presenting evidence of the types of jobs you may have taken on in the past and what type of pay these jobs could have offered. You may also need to provide other documents to prove your lost wages. This might include a letter of verification from your employer, tax records Profit and loss statements, receipts or invoices, business bank accounts, or finance-related correspondence. When calculating your lost wage, bonuses and commissions can be included in the calculation. In certain instances it is possible that the insurance company may be able to cover your lost wages as part of your no fault claim or settlement agreement. If this is the case, you should not have to file a personal injury lawsuit in addition to your no fault claim. Get in touch with a seasoned personal injury attorney if you were injured in an accident in the car or another injuries in New York. This will help you avoid the burden of the legal system and ensure that you are compensated for medical bills, lost income, pain and suffering, and other losses.