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What Is a Personal Injury Claim? A personal injury claim is a person suffering emotional or physical harm as a result of the negligence of another. The victim could be awarded compensation for the various damages, such as medical bills, pain and suffering, and lost wages. Other expenses might include travel expenses to appointments and home modifications as well as care costs for permanent disabilities or impairments. Some victims could also seek special damages for mental distress. Damages A personal injury claim seeks to recover for the damages sustained by an injured person due to the negligence of an individual. Torrance injury lawsuits may be compensated for economic and other damages. The amount of compensation depends on the severity and type of injuries suffered. Compensation may cover medical expenses, lost earnings, emotional distress and pain and suffering. Punitive damages that are awarded in instances of extreme recklessness, can also be sought. In a personal injury case, compensation is divided into two categories – general damages and special damages. Financial losses and expenses are known as special damages and are usually quantifiable in actual dollars. Keep detailed records of any costs or losses to increase the amount reimbursed by special damages. Future damages can be difficult to determine due to the fact that they are contingent on the extent of an injury and its long-term effects. Our lawyers will work with medical professionals to determine the estimated costs for ongoing treatment, travel costs to and from appointments and any equipment or modifications that might be required due to permanent disabilities. General damages are typically more subjective and may include compensation for a victim's pain and suffering due to an accident. This includes the compensation for past pain and discomfort, as well as future pain and suffering that is reasonably foreseeable based on the severity of an injury. It is important to have an experienced attorney representing you as they can accurately assess the amount of your claim for pain and suffering in light of the facts of your particular case. Other general damages include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate the victim for the negative effect an injury has on their ability to participate in activities that they used to enjoy. Loss of companionship and emotional distress can be more difficult to quantify, but our lawyers have years of experience assisting victims in establishing the proper compensation for these types of damages. Medical bills Medical bills can be an important element of an injury claim, especially when an accident has left the victim with serious injuries. If the person who suffered an injury doesn't have prior coverage that is covered by their car insurance or health insurance policy, they are responsible for the medical costs which were part of the settlement for personal injury. The kind of medical-related damages that may be claimed in a personal injury claim include any medical costs for the victim, including hospital visits, surgery or physical therapy, home care and medications. Accident victims may also be able to claim future medical expenses likely to arise from their injuries. These could include future surgeries, rehabilitation treatments, or the need for long-term medication. It is crucial that victims of accidents keep up with their treatment, and be in constant contact with their medical professionals. This will help them prove that their suffering has a monetary worth. Additionally, keeping up-to-date with treatment options will help the victim to recover quicker, which is important in proving the validity of their claim for pain and suffering. In certain cases, medical bills can be so substantial that they will exceed a plaintiff's overall settlement. If this is the case, a lien reduction attorney can assist in negotiating the outstanding medical debt so that more money is put into the accident victim's pocket. Non-economic damages can be equally important as the monetary amount of a person's medical expenses. These damages can be emotional stress and a loss of enjoyment of living. These damages are difficult to quantify, but they could be compensated. If you're pursuing a claim based on personal injury, it is crucial to work closely with an injury lawyer to ensure all of your losses are taken into consideration. Pain and suffering A personal injury lawsuit covers the damages resulting from the physical pain of a victim and mental stress. Other damages, like the loss of enjoyment of living, are also covered. The concept of pain and suffering is among the most subjective types of damages, and is difficult to quantify and prove. But it is a crucial component of an injury claim. In the majority of personal injury cases the plaintiff is able to recover both non-economic and economic compensation damages. The first category is tangible losses, such as medical costs and lost wages. The latter include things like suffering and suffering, loss of consortium, inconvenience, out-of-pocket expenses and other losses that aren't directly financial. Non-economic damages are also referred as “pain & suffering” and cannot be proved by receipts. They do not have an attached dollar amount. Therefore, it's left to the jury to decide what they believe is a fair amount. Judges are often reluctant to change the pain and suffering award. A jury or judge can utilize a variety of methods to calculate the value for suffering and pain. The multiplier method involves multiplying actual damages by a particular number based on the severity of injuries. Another option is the per diem method, which assigns a daily value for each day until the victim reaches maximum medical recovery. Whether you are using the multiplier or per diem method, it is crucial that you provide as much evidence and proof for your claim as you can. Included in this are medical documents, photographs and witness testimony. It is also recommended to keep an account of your injuries and the impact they have had on your life. This can help you recall the details of your case in the event that you are required to testify in depositions and hearings. If you are unable reach an agreement with the insurance company, it might be necessary to go to trial to resolve your case. You can engage an experienced New York attorney to handle your case on your behalf. A seasoned lawyer will take care of your claim and increase the compensation you receive for your pain and suffering. Lost wages The amount of compensation that victims receive for their personal injury claims can comprise a substantial amount of lost wages. This is the wage they would have earned had they not had to miss their job because of their injuries. Most of the time, these losses are temporary and recoverable. In some cases they can be permanent or irreparable. For most people, the easiest method of calculating lost earnings is to take their pay rate and multiply it by the number of weeks or days they were absent from work. Let's say that you normally earn $25 per hour ($1,000 per weekly) and you were injured in a traffic 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 depending on the severity and nature of your injury. For instance, if you are permanently disabled as a result of the accident and cannot return to your previous job, you might be able to claim damages that could include your future loss of income and potential for promotion. In these instances you can prove your lost earning capacity by providing evidence of the kinds of jobs you may have accepted in the past and what type of pay these jobs could have earned. You might also have to provide additional documentation to prove your lost wages. This might include a letter of verification from your employer, tax records, profit and loss statements, invoices or receipts, business bank accounts, or any correspondence related to finance. Bonuses and commissions may be included in the calculation of your lost wages. In certain cases 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 case, you should not be required to make a personal injury claim in addition to your no-fault claim. Contact a seasoned personal injury lawyer if you were injured in an accident in the car or another injuries in New York. This will assist you in dealing with the stress of the legal process on your own. It will also ensure that you are compensated for medical bills, lost wages, suffering and other expenses.