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What Is a Personal Injury Claim? A personal injury claim involves the victim suffering physical or emotional injury as a result of someone else's negligence. The victim could be entitled to compensation for medical expenses, pain, suffering, and lost wages. Other expenses could include travel costs for appointments and home modifications as well as expenses for care for permanent impairments or disabilities. Certain victims could also be entitled to special damages for mental suffering. Damages A personal injury claim seeks compensation for the losses suffered by an injured person because of the negligence of an individual. A victim can recover damages for both economic and non-economic losses. 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 could also include the cost of suffering and pain, physical impairment, as well as emotional distress. Punitive damages that are awarded in the case of extreme recklessness, may also be sought. The types of compensation that can be claimed in a personal injury case are classified into two categories: special and general damages. Financial losses and expenses are referred to as special damages, and are usually quantifiable in actual dollar amounts. Keeping accurate documents and receipts for any losses or expenses will help to maximize the amount of money refunded by special damages. Future damages can be difficult to calculate because they depend on the extent of the injury as well as its expected long-term effects. Our attorneys will work with medical experts in order to determine the estimated cost for ongoing treatment, travel expenses to and from appointments and any modifications or equipment that may be required due to permanent disabilities. General damages are more subjective and include compensation for the victim's discomfort and pain that result from an accident. This includes the cost of discomfort and pain in the past, as well future suffering and pain depending on the severity of the injury. It is essential to hire an experienced lawyer represent you as they can accurately assess the amount of your claim for pain and suffering depending on the specific facts of your case. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative effect an injury has on their ability to engage in activities that they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, but our lawyers have years of experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical bills can make up an important portion of a personal injury settlement particularly when the victim has suffered severe injuries. If Elgin injury attorneys of the accident did not have preexisting coverage that was paid by either an insurance policy for cars or health insurance, they'll be accountable for the amount of the medical costs from their personal injury settlement. The type of medical-related injuries that can be claimed in a personal injury claim include any medical costs incurred by the accident victim such as hospital visits, surgery or physical therapy, home care, and medications. Accident victims may also be able to claim future medical expenses that are expected to result from their injuries. These could include future surgeries, rehabilitation procedures or the requirement for long-term medication. It is essential that accident victims stay up-to-date with their treatment and communicate fully with their doctors. This will help them prove that their pain and suffering has a monetary worth. Staying current with treatments will aid in recovering quicker, which is important when proving their case of their pain and suffering claim. In some instances medical bills may be so high that they exceed the settlement amount of the plaintiff. A lien reduction attorney can help negotiate the outstanding medical bills so that the victim can get more money. Non-economic damages are as significant as the amount of medical bills for a person who has been injured. These damages can include emotional distress and loss of enjoyment. These types of damages are more difficult to quantify, but they can still be compensated for. If you are pursuing a claim for personal injury, it is essential to work closely an injury lawyer to ensure all of your losses are considered. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. It can also include other damages like loss of enjoyment of life. The pain and suffering category is one of the more subjective types of damages that are difficult to quantify and prove. However it is an essential element of an 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 such as medical costs and lost wages. The latter includes things such as suffering and suffering as well as loss of consortium inconvenience, out-of-pocket expenses, and other losses that aren't directly monetary. Non-economic damages are also known as “pain and suffering” and are not able to be proven with receipts. They do not include a dollar amount. It is up to the jury to decide what a fair award should be. A judge is often reluctant to change the jury's pain and suffering award. There are several methods that a judge or jury could utilize to determine the amount of the victim's suffering and pain. The multiplier method is based on multiplying the actual damages by a certain number based on the seriousness of the injuries. The per method assigns a dollar amount for each day of the victim's recovery until they reach the maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you are using the multiplier method or the per-diem method. This includes medical records, photographs, witness testimony, and other relevant documents. In addition you should keep a journal detailing your injuries and how they impacted your life. This will help you remember the specifics of your case should you are required to testify at depositions or in court. If you're unable to reach an agreement with the insurance company, it might be necessary to go to trial to solve your case. You can hire an attorney in New York to handle your case. A seasoned lawyer will handle your claim and maximize the amount of compensation you receive for your suffering and pain. Loss of wages Lost wages can be a large part of the compensation that injured victims receive through their personal injury claim. These are the wages they could have earned if they hadn't been forced to miss work because of their injuries. These losses are often temporary and can be recouped. In certain cases, they may be irreparable or permanent. Most people can estimate their lost wages by multiplying their salary by the number of weeks or days that they were away from work. Let's suppose that you earn $25 per hour ($1,000 per week) and you were injured in a car accident. You missed four weeks of work. In this scenario the loss of earnings would be $4,000. Personal injury claims can be more complicated based on the severity and nature of your injury. For instance, if permanently disabled in the accident and unable to return to work, you might be eligible for damages that could include your future loss of income and potential for promotion. In these instances the evidence to prove your loss of earning potential is as easy as proving that you were able to accept jobs in the past at the same amount that you could have earned. You might also have to provide additional documentation in order to prove your lost wages. This could include a verification letter for wages from your employer tax records, tax records, profit and loss statements, receipts or invoices as well as business bank accounts or finance-related correspondence. Bonuses and commissions may be included in the calculation of your lost wages. In certain cases, the insurance company of the other driver might cover your lost wages in 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 claim. Contact a seasoned personal injury lawyer if you were injured in an accident in the car or another injury in New York. This can help you avoid navigating the stress of the legal procedure on your own. You can also ensure that you receive compensation for your medical bills and lost wages, as well as pain and suffering, and other expenses.