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What Is a Personal Injury Claim? A personal injury lawsuit involves someone who has suffered physical or emotional harm as a result of someone else's negligence. The victim could be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses might include travel costs for appointments, home modifications, and care costs for permanent disabilities or impairments. Some victims may also be entitled to specific damages for mental suffering. Damages A personal injury claim seeks compensation for the damages sustained by the injured party because of the negligence of a third party. Victims are entitled to compensation for economic and other damages. The amount of reimbursement depends on the severity of the accident and the types of injuries suffered. Compensation can cover expenses such as medical care and loss of earnings, and may also cover damages for suffering and pain, physical impairment, and emotional distress. Punitive damages which are awarded in instances of recklessness beyond the limits, may also be sought. The types of compensation that can be claimed in the case of personal injury are classified into two categories: special and general damages. Expenses and financial losses incurred are referred to as special damages, and are typically quantifiable in real dollars. Keep meticulous documents and receipts for any losses or expenses can help maximize the amount of money reimbursed through special damages. Future damages aren't always easy to estimate because they depend on the extent of an injury and its long-term effects. Our attorneys can collaborate with medical experts to establish the estimated cost of ongoing treatment, extra costs for transport to and from appointments and any modification or equipment needs that will result from permanent disabilities. General damages are more subjective and comprise compensation for the victim's pain and discomfort resulting from an accident. This includes compensation for pain and discomfort that has occurred in the past as well as for future suffering and pain that is reasonably anticipated based on the severity of the injury. It is important to choose an experienced lawyer represent you since they will be able to accurately estimate your pain and suffering claim 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 victims for the negative impact an injury has on them being able to enjoy activities they used to enjoy. Loss of companionship and emotional distress can be more difficult to quantify, but our lawyers have extensive experience in helping victims establish the proper compensation for these types of damages. Medical bills Medical bills can comprise the majority of a settlement for personal injuries, especially when the victim has sustained serious injuries. If the victim of an injury doesn't have preexisting coverage paid by their car insurance or health insurance policy, they are responsible for the medical expenses that were included in the settlement for personal injury. Medical-related damages can include hospital visits, surgery and physical therapy. They also include home care and medication. In addition the victim of an accident can also claim future medical expenses anticipated from their injuries. These expenses can include future surgeries, rehabilitation treatments 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 physicians. This will allow them to prove that the pain and suffering they experience has monetary value. Keeping current with treatments can help an accident victim recover quicker, which is important when proving their case for their claim for pain and suffering. In some instances, the medical bills may be so substantial that they exceed a plaintiff's overall settlement. A lien reduction lawyer will help negotiate the outstanding medical bills so that the accident victim will receive more money. Non-economic damages can be equally important as the financial value of an injured person's medical bills. These damages can be emotional stress and a loss of enjoyment. These damages are hard to quantify but can still be compensated. When pursuing a claim for personal injury, it is crucial to work closely with an injury lawyer to ensure that all of your losses are taken into consideration. Pain and suffering Personal injury claims provide compensation for physical pain and mental suffering. It can also include other damages such as loss of enjoyment of life. Pain and suffering is one of the most subjective types of damages and can be difficult to quantify and prove. However it is an essential element of a personal injury claim. In the majority of personal injury cases, the plaintiff is able to recover economic and noneconomic compensatory damages. The first category is tangible losses, such as medical costs and lost wages. The latter include pain and suffering, loss in consortium, inconvenience, out of pocket costs and other non-monetary losses. Non-economic damages are also referred as “pain and suffering” and are not able to be proven by receipts. They don't have a dollar amount attached. It is the jury to decide what a fair award should be. A judge will often be reluctant to modify the verdict of a jury for pain and suffering. A jury or judge can employ a variety of methods to determine the amount for pain and suffering. The multiplier method involves multiplying the actual damages by a specific number based on the seriousness of the injuries. Another method is the per diem method, which assigns a daily dollar value to each day until the victim reaches maximum medical recuperation. If you're using the multiplier or per diem method, it is vital to provide as much evidence and proof for your claim as you can. This includes medical records, photographs, witness testimony, and other relevant documents. Keep a journal that details your injuries and the effect they've had on your life. Albuquerque injury lawyer can help you recall the details of your case in the event that you are required to testify in depositions or hearings. If you are unable to reach an agreement with the insurance company, it may be necessary to go to trial in order to resolve your case. You can employ an New York attorney to handle your case on your behalf. An experienced lawyer will handle your claim to maximize your compensation for the pain and suffering. Loss of wages Loss of wages can make up the largest portion of compensation that injured victims receive through their personal injury claim. This is the amount they would have received if they not been forced to miss their job because of their injuries. Most of the time, these losses are temporary and can be recouped. In certain instances however, they could be irreparable and permanent. Most people can estimate their lost wages by multiplying their salary by the number weeks or days that they were away from work. Let's say you earn $25 an hour ($1,000 per week) and you're injured in a traffic 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 depending on the severity and nature of your injury. If you are permanently disabled and unable to return to work, you could be entitled to damages including future loss of earnings and advancement potential. In these instances you can demonstrate your loss of earning capacity by providing evidence of the kinds of jobs you could have taken on in the past, and what kind of pay these jobs could have offered. You may also be required to provide other documents in order to prove your lost wages. You may be required to provide an employer's letter to confirm your lost wages along with tax records, profit and loss statements invoices, receipts and invoices bank statements for business, or any correspondence that is related to finance. When calculating your lost wages bonuses and commissions may be included in the calculation. In some instances, the insurance company of the other driver might cover your lost wages in a no-fault claim. If this is the case, you shouldn't have to file a personal injury lawsuit on top of your no-fault claim. If you've been injured in a car crash 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 that you receive compensation for medical expenses loss of income, suffering, and other expenses.