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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered emotional or physical harm due to the negligence of a third party. The victim can receive compensation for various damages, such as medical bills and pain and suffering and lost wages. Other expenses could include travel to appointments, home modifications, and expenses for care for permanent impairments. Some victims may also be entitled to special damages for mental suffering. Damages A personal injury claim seeks to recover for damages suffered by an injured party because of the negligence of an individual. Victims may be compensated for both economic and non-economic damages. The amount of compensation is contingent on the severity and type of injuries suffered. Compensation may cover medical expenses loss of earnings, emotional distress, and suffering and pain. Damages for punitive purposes can be claimed in the event of extreme negligence. The types of compensation in the case of personal injury fall into two categories: special and general damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in actual dollars. Keep complete records of all expenses or losses in order to maximize the amount of money that is repaid 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 expected long-term effects. Our attorneys will work with medical professionals to determine the estimated cost for ongoing treatment, travel costs to and from appointments, and any modifications or equipment that are needed due to permanent disabilities. General damages are typically more subjective, and include compensation for a victim's pain and suffering related to an accident. This includes compensation for pain and discomfort that has occurred in the past and also future pain and suffering that is reasonably anticipated depending on the severity of the injury. This is why it's crucial to hire a competent attorney on your side, as they will know how to evaluate your claim for pain and suffering and provide accurate estimates based on the specifics of your case. Other types of general damages include loss of enjoyment or companionship and emotional distress. Loss of enjoyment damages compensate victims for the negative effect an injury has on them being able to enjoy activities they used to enjoy. Loss of emotional distress and companionship can be more difficult to quantify, however our lawyers have years of experience assisting victims in establishing the right amount of compensation for these types of damages. Medical bills Medical bills can comprise an important portion of a personal injury settlement particularly when the victim has suffered severe injuries. If the person who suffers an injury is not covered by preexisting coverage paid by their car insurance or health insurance policy, they are responsible for the medical costs which were part of the settlement for personal injury. Scranton injury lawyer -related damages include hospital visits, surgeries, and physical therapy. They also include medical treatment at home and. Additionally, an accident victim can also claim reimbursement for 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 keep up with their treatment, and communicate fully with their medical professionals. This will help them demonstrate that their suffering is financially worth. In addition, staying current with treatment options can help a victim of an accident to recover quicker which is essential in proving the value of their claim for pain and suffering. In some cases, medical bills can be so expensive that they exceed the total settlement of a plaintiff. If this is the case the lien reduction lawyer can assist in negotiating the outstanding medical debt so that more money can be deposited into the pocket of the victim of the accident. Non-economic losses can be as significant as the amount of medical bills for an injured person. They can include emotional distress as well as loss of enjoyment of life, and loss of consortium. These damages are hard to quantify but can still be compensated. If you're pursuing a claim based on personal injury, it's essential to work closely an injury lawyer to ensure that all of your losses are considered. Suffering and pain Personal injury claims cover damages for physical pain and mental suffering. It may also cover other damages like loss of enjoyment of life. The concept of pain and suffering is one of the most subjective forms of damages and can be difficult to prove and quantify. But, it is an important part of an injury claim. In the majority of personal injury cases the plaintiff is able to seek economic and noneconomic compensatory damages. The former can be tied to tangible losses, such as medical expenses and lost wages. The latter includes the loss of suffering and pain, in consortium in the form of inconvenience, out of pocket costs and other losses that are not monetary. Non-economic damages are also referred to as “pain and suffering” and cannot be proved with receipts. They do not have a dollar amount attached. Therefore, it is up to the jury to decide what they believe a fair award would be. A judge is often unwilling to alter the jury's decision on suffering and pain. A judge or jury can utilize a variety of methods to calculate the value for pain and suffering. The multiplier method is based on multiplying the actual damages by a specific number based on the severity of injuries. The per dia method assigns a certain dollar amount to each day of the victim's recovery until they reach the maximum medical recovery. Whether you are using the multiplier or per diem method, it is crucial that you provide as much documentation and evidence for your claim as you are able to. This includes medical records, photographs as well as witness testimony and other relevant documents. It is also recommended to keep journals that detail your injuries and the effect they've had on your life. This will help you remember the details of your case when you need to give evidence in depositions or hearings. If you are unable to reach an agreement with the insurance company, it may be necessary to go to trial to resolve your case. You can hire an New York attorney to handle your case on your behalf. A seasoned lawyer can manage your claim to maximize your compensation for suffering and pain. Loss of wages The amount of compensation that victims receive in their personal injury claim may include a significant amount of lost wages. These are wages they could have earned if they hadn't been forced to miss work because of their injuries. The majority of these losses are temporary and recoverable. In certain instances however, they could be permanent and irreparable. For most people, the simplest method of calculating lost earnings is to take their pay rate and multiply it by the number of days or weeks they missed from work. Let's suppose that you earn $25 per hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this scenario, you would lose $4,000. Personal injury claims can be more complicated based on the severity and nature of your injury. If you are permanently disabled and cannot return to work, you could be entitled to compensation which include your future loss of earnings and promotion potential. In these situations you can prove your lost earning capacity by showing evidence of the kind of jobs you may have taken on in the past and what type of salary those jobs might have earned. You might also have to provide additional documentation in order to prove your lost wages. You might need to provide an employer's letter that confirms your lost wages, as well as tax records, profit-and-loss statements invoices, receipts and invoices bank statements for business, or any correspondence related to finance. When calculating your lost wages bonuses and commissions can be included in the calculation. In certain cases the insurance company of the other driver could pay your lost wages as an no-fault claim. If this is the scenario, you do not be required 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 speak with an experienced personal injury lawyer. This can aid you in having to navigate the legal procedure on your own. You can also ensure that you are compensated for your medical bills as well as lost wages, pain and suffering, and other losses.