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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm as a result of the negligence of another. The victim could be awarded compensation for various damages, such as medical bills as well as pain and suffering and lost wages. Other expenses could include travel to appointments, home modifications, and the cost of care for those with permanent impairments. Certain victims could also be entitled to special damages for mental distress. Damages Personal injury claims seek compensation for damages that an injured person has suffered due to the negligence of an individual or another. Victims can be compensated for both economic and non-economic losses. The amount of compensation depends on the severity and nature of injuries sustained. Compensation may be used to cover medical expenses, lost earnings, emotional distress and suffering and pain. Punitive damages can be claimed in the event of extreme negligence. In a personal injury case the compensation is split into two categories namely special damages and general damages. The financial losses and expenses incurred are referred to as special damages, and are usually quantifiable in actual dollars. Keeping accurate records and receipts for any losses or expenses will aid in maximizing the amount of money that is reimbursed by special damages. Future damages are difficult to quantify because they are based on the severity of a victim's injuries and their expected long-term impact. Our attorneys can work with medical experts to determine the estimated costs of ongoing treatment, extra costs for transportation to and from appointments, and any other modifications 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 pain and discomfort that has occurred in the past and also future suffering and pain that is reasonably previsible depending on the severity of an injury. It is important to hire an experienced lawyer represent you since they can accurately estimate your pain and suffering claim in light of the facts of your particular case. Other types of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate the victim for the negative effect an injury can have on their ability to participate in activities they previously enjoyed. 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. Medical bills Medical bills can be the largest portion of a personal injury claim, particularly when an accident results in serious injuries. If the injured party did not have prior coverage that was covered through an insurance policy for cars or health insurance, they'll be accountable for the amount of the medical expenses incurred from their personal injury settlement. The types of medical-related damages that can be claimed in a personal injury case include any medical expenses incurred by the accident victim which includes hospital visits, surgery and physical therapy, home health care, and medication. Additionally an accident victim may also claim future anticipated medical expenses resulting from their injuries. These costs could include future surgeries, rehabilitation treatments or the need for long-term medications. It is essential that accident victims remain current with their treatment and fully communicate with their doctors. This will allow them to prove that their pain and suffering is worth a dollar. Being current with treatment options will aid in recovering faster, which is important when proving the merits of their pain and suffering claim. In certain instances, medical bills can be so large that they surpass the total settlement of the plaintiff. If this is the case the lien reduction lawyer can assist in negotiating the outstanding medical debt so that more money can be put into the pocket of the victim of the accident. Non-economic damages can be just as important as monetary amount of an injured person's medical expenses. These damages can be emotional distress and loss of enjoyment. These kinds of damages are harder to quantify, but they can still be compensated. It is important to work with an experienced injury lawyer when pursuing a personal injury claim to ensure that all your losses are considered. Pain and suffering A personal injury lawsuit covers the damages resulting from a victim's physical pain and mental stress. Other damages, such as the loss of enjoyment living, can be included. The concept of pain and suffering is one of the most subjective kinds of damages, and is difficult to quantify and prove. However it is an essential component of a personal injury claim. In the majority of personal injury cases the plaintiff is able to seek economic and noneconomic compensatory damages. The first are tangible losses like medical costs and lost wages. The latter includes things such as suffering and suffering as well as 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 damage and are also referred to as “pain and suffering.” They cannot be proved with receipts and do not have a fixed dollar amount attached to them. Escondido injury attorney is up to the jury to decide what they think an appropriate amount should be. A judge is usually reluctant to modify a jury's award for pain and suffering. There are a variety of methods jurors or judges can employ to determine the value of the victim's suffering and pain. The multiplier method is based on multiplying the actual damages by a certain number based on the severity of injuries. The per dia method assigns a certain dollar amount to each day of recovery until they reach the maximum medical recovery. Whether you are using the multiplier or per diem method, it is vital that you submit as much documentation and evidence for your claim as you can. This includes medical records, photos as well as witness testimony and other relevant documents. Additionally you should keep a record detailing your injuries and how they affected your life. This will help you remember the specifics of your case should you have to testify at depositions or at hearings. If you are unable reach an agreement with the insurance company, it could be necessary for you to go to court to resolve your case. You can engage an experienced New York attorney to handle your case on your behalf. A seasoned lawyer will manage your claim and maximize the amount you get for your pain and suffering. Loss of wages Loss of wages can make up an important component of the compensation injured victims receive from their personal injury lawsuit. This is the amount they would have received if they not been forced to take time off work due to their injuries. The majority of these losses are temporary and recoverable. In certain cases however, they may be permanent and irreparable. For the majority of people, the most straightforward method to calculate lost earnings is to take their pay rate and multiply it by the number of days or weeks they were absent from work. Let's take an example: you normally make $25 an hour ($1,000 per week), and you were injured in a car crash that prevented you from going to work for four weeks. In this instance your loss in earnings would be $4,000. Personal injury cases can become more complicated depending on the severity and nature of the injury. For instance, if you are permanently disabled as a result of the accident and are unable to return to work You may be entitled to damages that could include the loss of future income and the possibility of promotion. In these instances, you can prove your loss of earning capacity by providing evidence of the kinds of jobs you might have accepted in the past and what kind of salary those jobs might have earned. You might also have to submit other documentation in order to prove your lost wages. You may need to provide an employer's letter verifying your lost wages, along with tax records, profit and loss statements invoices, receipts, bank statements for business, or any correspondence related to finance. Bonuses and commissions could be included in the calculation of your lost wages. In some instances, the insurance company of the other driver could compensate you for your lost wages under a no-fault claim. If this is the situation, you shouldn't have to file a personal injury lawsuit in addition to your no fault claim. If you have been injured in a car accident in New York, or any other kind of injury, you should seek out a seasoned personal injury lawyer. This will help you escape the stress of the legal system and ensure you get compensation for medical bills loss of income, pain and suffering and other losses.