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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional injury due to the negligence of someone else. The victim can receive compensation for the various damages, such as medical bills, pain and suffering, and lost wages. Other expenses could include travel costs to appointments or 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 damages suffered by an injured person due to the negligence of an individual. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity of the accident as well as the type of injuries sustained. Compensation may be used to cover medical expenses, lost earnings, emotional distress and suffering and pain. Damages for punitive purposes can be claimed in the case of extreme negligence. The types of compensation that can be claimed in personal injury cases are classified into two categories: general and special damages. Special damages are the result of incurred costs and financial losses, and are usually quantifiable. Keeping detailed records and receipts for any losses or expenses will help to maximize the amount of money refunded by special damages. Future damages aren't always easy to estimate, as they are dependent on the severity of an injury and the expected long-term effects. Our lawyers will collaborate with medical experts in order to estimate the cost for ongoing treatment, travel expenses to and from appointments, and any modifications or equipment that are required due to permanent disabilities. General damages are usually more subjective, and include compensation for a victim's pain and suffering due to an accident. This includes the compensation for past pain and discomfort and also future suffering and pain that is reasonably foreseeable in light of the severity of the injury. This is why it's crucial to have a skilled attorney representing you, as they'll know how to assess your claim for suffering and pain, and will provide accurate estimates based upon the facts of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact an injury has on them 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 a wealth of experience helping victims to determine the appropriate compensation for these kinds of damages. Gulfport injury attorneys can make up an important element of the personal injury claim, especially when an accident leaves the victim with serious injuries. If the person who suffers an injury is not covered by prior coverage that is covered by their car insurance or health insurance policy, they are responsible for the medical expenses that were included in the settlement for personal injury. The types of medical-related injuries that can be claimed in a personal injury case include any medical costs for the victim which includes hospital visits, surgery and physical therapy, home health care, and medication. Victims of accidents can also claim future medical expenses likely to result from their injuries. These could include future surgeries, rehabilitation procedures or the requirement for long-term medical treatment. It is essential that accident victims remain current with their treatment and fully communicate with their medical professionals. 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 quicker, which is crucial when proving the value of their claim for pain and suffering. In some cases medical bills may be so large that they surpass the settlement amount of the plaintiff. If this is the situation, a lien reduction attorney can assist in negotiating the outstanding medical debts so that more money is put into the pockets of the victim. Non-economic damages can be as important as medical expenses for an injured person. These damages can include emotional stress and a loss of enjoyment. These kinds of damages are more difficult to quantify, but they can still be compensated. It is essential to consult with a seasoned injury lawyer when you pursue personal injury claims to ensure that all of your losses are taken into account. Suffering and pain Personal injury claims are a way to recover damages for physical pain and mental suffering. Other damages, such as the loss of enjoyment of living, may be covered. Pain and suffering is one of the types of damages that are subjective that are difficult to quantify and prove. It's a crucial component of a personal injury claim. In most personal injury claims the plaintiff can seek both non-economic and economic compensatory damage. The first category is tangible losses such as medical costs and lost wages. The latter category includes pain and suffering, loss in consortium and inconvenience, out of pocket costs and other non-monetary losses. Damages for mental and physical anguish are known as non-economic damages and are often referred to as “pain and suffering.” They aren't proven with receipts and do not have a specific dollar amount that is attached to them. Therefore, it is up to the jury to decide what they believe an appropriate amount would be. A judge is usually unwilling to alter a jury's award for pain and suffering. A judge or jury can use several methods to calculate the amount for suffering and pain. One option is the multiplier method, which involves multiplying the actual damages by a number that depends on the severity of the victim's injuries. The per dia method assigns a certain dollar amount to each day that the victim is recovering until they reach their 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 you are able to. This includes medical records, photographs, witness testimony, and other relevant documents. Keep a journal that details your injuries as well as the impact they have affected your life. This can help you recall the details of your case when you have to testify in depositions or hearings. If you cannot reach an agreement with your insurance company, you may require a court appearance to settle your case. You can hire an experienced New York attorney to handle your case for you. A seasoned lawyer will be able to manage your claim and maximize the amount of compensation you receive for your pain and suffering. Lost wages The compensation that injured victims receive in their personal injury claim can comprise a substantial amount of lost wages. These are the wages they would have received had they not been forced to miss work because of their injuries. These losses are usually temporary and reversible. In some cases they can be irreparable or permanent. Most people can determine their lost earnings by multiplying their wage by the number of weeks or days they were out of work. Let's say that you normally earn $25 per hour ($1,000 per weekly) and you're injured in a traffic collision. You missed four weeks of work. In this instance, you would lose $4,000. The complexity of personal injury claims may increase, based on the nature and severity of your injury. If you are permanently disabled and cannot return to work, you could be entitled to damages which include your future loss of earnings as well as your promotion potential. In these instances you can demonstrate your loss of earning capacity by showing evidence of the kind of jobs you might have taken on in the past and what type of pay these jobs could have offered. You might also have to provide additional documentation to prove that you lost wages. You might need to submit an employer's letter verifying your lost wages, as well as tax records, profit-and-loss statements invoices, receipts and invoices bank statements for business, or other correspondence related to finance. When calculating your lost wage, bonuses and commissions can be considered too. In some instances it is possible that the insurance company may be able to cover your lost wages as a part of your no-fault claim or settlement agreement. If this is the scenario, you do not be required to make a personal injury claim in addition to your no fault claim. If you have been injured in a car accident in New York, or any other type of injury you should speak with an experienced personal injury lawyer. This can assist you in having to navigate the legal process on your own and ensure that you get compensation for your medical bills, lost wages, pain and suffering, and other expenses.