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What Is a Personal Injury Claim? A personal injury claim involves the victim suffering physical or emotional harm due to the negligence of another. The victim could be entitled to compensation for medical bills as well as pain, suffering and lost wages. Other expenses could include travel costs to appointments or home modifications, as well as care costs for permanent impairments or disabilities. Certain victims could also be entitled to specific damages for mental suffering. Damages Personal injury claims seek compensation for damages that the victim has suffered due to the negligence or other individual. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and nature of injuries sustained. Compensation may be used to cover medical expenses loss of earnings, emotional distress and pain and suffering. Punitive damages can be claimed in the event of extreme negligence. In a personal injury lawsuit the compensation is divided into two categories – general damages and special damages. Financial losses and expenses are referred to as special damages and are typically quantifiable in real dollars. Keeping detailed records and receipts for any losses or expenses can help to maximize the amount of money reimbursed by special damages. Future damages are more difficult to quantify, as they are based on the severity of the injury and the long-term effects they are expected to have. Our attorneys can work with medical experts to establish 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 pain and discomfort resulting from an accident. This includes compensation for past discomfort and pain as well as for future suffering and pain that is reasonably previsible depending on the severity of the injury. It is important to have an experienced attorney representing you since they can accurately estimate your claim for pain and suffering in light of the facts of your particular 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 that an injury can have on their ability to participate in the activities they once enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have extensive experience helping victims to determine the proper compensation for these types of damages. Medical bills Medical bills can be the largest portion of the personal injury claim, particularly when an accident has left the victim with 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 will be responsible for the medical expenses which were part of the settlement for personal injuries. The kind of medical-related damages that may be claimed in a personal injury case include any medical expenses that the victim of the accident has to pay such as hospital visits, surgery and physical therapy, home health care, and medications. Victims of accidents can also claim future medical expenses expected to arise from their injuries. These expenses can include future surgery, rehabilitation treatments or the need for long term medication. It is crucial that victims of accidents stay up-to-date in their treatment and communicate with their physicians. This will help show that the suffering and pain they experience has monetary value. Also, keeping current in treatments can help an accident victim get better sooner and is crucial in proving the validity of their pain and suffering claim. In certain cases, medical bills could be so substantial that they will exceed a plaintiff's overall settlement. If this is the case the lien reduction lawyer can assist in negotiating the outstanding medical debts so that more money can be deposited into the accident victim's pocket. Non-economic damage claims can be just as important as the amount in dollars of a person's medical expenses. These damages can include emotional stress and a loss of enjoyment of life. These damages are hard to quantify, but they can be compensated. If you're pursuing a claim based on personal injury, it is important to work closely with an injury lawyer to ensure that all of your losses are taken into consideration. Suffering and pain A personal injury claim is a way to recover the costs incurred by a victim's physical pain and mental stress. It may also cover other damages such as loss of enjoyment of life. Pain and suffering is one of the most subjective forms of damages and can be difficult to quantify and prove. It's still an important element of a personal injury claim. In the majority of personal injury cases, the plaintiff is able to claim both economic and non-economic compensatory damages. The former can be linked to tangible losses, like medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium in the form of inconvenience, out-of-pocket expenses and other non-monetary losses. Damages for physical pain and mental anguish are referred to as non-economic damage and are often referred to as “pain and suffering.” They aren't established by receipts and don't have a fixed dollar amount associated with them. It is up to the jury to decide what they think a fair award should be. A judge will often be unwilling to alter the jury's decision on pain and suffering. There are several methods that a judge or jury could employ to determine the value of the suffering and pain suffered by a victim. One method is the multiplier method, which involves multiplying actual damages by a number that depends on the extent of the injuries suffered by the victim. The per diem method assigns a dollar amount to each day that the victim is recovering until they reach the maximum medical recovery. If you're using the multiplier or per diem method, it is essential to provide as much documentation and evidence for your claim as you can. This includes medical records, photos witnesses' testimony, other relevant documents. Additionally, you should keep a record detailing your injuries and how they affected your life. This will help you remember the details of your case in the event that you are required to testify in depositions and hearings. If you're unable to reach an agreement with your insurance company, you could have to go to court to settle your case. You can employ an attorney in New York to handle your case. An experienced lawyer will be able to handle your claim and maximize the amount you get for your suffering and pain. Loss of wages Lost wages can be an important component of the settlement that injured victims receive from their personal injury claims. These are wages they would have received in the event that they weren't forced to work a lot because of their injuries. Hollywood injury attorney of the time, these losses are temporary and reversible. In some cases however, they could be permanent and irreparable. Most people calculate their lost wages by multiplying their salary by the number of weeks or days that they were off work. For instance, let's say you typically earn $25 per hour ($1,000 per week) but you were injured in a car crash which kept you out of work for four weeks. In this case you'd lose $4,000. The complexity of personal injury claims can rise, 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, including your future loss of earnings as well as your promotion potential. In these cases the proof of your loss in earning potential is as easy as presenting evidence that you were able to take jobs in the past at the amount you could have earned. You may also need to provide other documents to prove you lost wages. You may be required to submit an employer's letter verifying your lost wages, as well as tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or correspondence regarding finance. When calculating your lost wages bonuses and commissions may also be taken into account. In certain cases, the other driver's insurance company could pay for your lost wages as a part of your no fault claim or settlement agreement. If this is the case, you should not be required to bring a personal injury lawsuit in addition to your no fault claim. If you've been injured in a car accident in New York, or any other type of injury you should consult an experienced personal injury lawyer. This will help you avoid the pressure of the legal system and ensure that you are compensated for medical bills, lost income, suffering, and other expenses.