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What Is a Personal Injury Claim? A personal injury claim involves someone who has suffered emotional or physical harm as a result of the negligence of another. The victim could be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses could include travel costs for appointments, home modifications, and care costs for permanent impairments or disabilities. Some victims may also be entitled to specific damages for mental distress. Damages A personal injury claim seeks compensation for the damages sustained by an injured person due to the negligence of a third party. Victims are entitled to compensation for both economic and non-economic damages. The amount of compensation awarded will depend on the severity and type of injuries suffered. Compensation may include expenses like medical treatment and loss of earnings and may also cover the cost of suffering and pain, physical impairment, and emotional distress. Punitive damages which are awarded in cases of extreme recklessness, may also be claimed. In a personal injury claim the compensation is divided into two categories namely general damages and special damages. Financial losses and expenses are known as special damages, and are usually quantifiable in dollar amounts. Keep meticulous records of any costs or losses to increase the amount reimbursed by special damages. Future damages are difficult to quantify since they depend on the severity of a victim's injuries and the long-term effects they are expected to have. Our attorneys will work with medical experts in order to estimate the cost for ongoing treatment, travel expenses to and from appointments and any equipment or modifications that might be required due to permanent disabilities. General damages are more subjective and comprise the cost of pain and discomfort resulting from an accident. This includes compensation for pain and discomfort in the past, as well as future suffering and pain depending on the severity of the injury. This is why it's important to have a seasoned attorney on your side, as they will know how to value your claim for suffering and pain and give accurate estimates based on the specifics of your case. Other types of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their ability to be in a position to enjoy the activities that they used to enjoy. Naperville injury attorneys of emotional distress or companionship is more difficult to quantify. However our lawyers have a wealth of experience in helping victims obtain the proper compensation for these kinds of damages. Medical bills Medical expenses can constitute an important portion of a settlement for personal injuries especially if the victim has suffered serious injuries. If the victim of the accident did not have prior coverage that was covered by either a car insurance policy or health insurance policy, they'll be accountable for the amount of medical expenses incurred from their personal injury settlement. Medical-related damages include hospital visits, surgeries and physical therapy. They also cover medications and home care. In addition the victim of an accident can also claim future medical expenses anticipated from their injuries. These expenses can include future operations, rehabilitation procedures or the requirement for long term medication. It is essential that victims of accidents keep up with their treatment, and be in constant contact with their physicians. This will help prove that the pain and suffering they experience has worth. Additionally, keeping up-to-date in treatments will help the victim recover faster and is crucial in proving the validity of their claim for pain and suffering. In some cases medical bills may be so large that they surpass the total settlement of the plaintiff. A lien reduction lawyer will help negotiate the outstanding medical charges so that the victim can get more money. Non-economic damage claims can be just as important as the amount in dollars of an injured person's medical expenses. They can include emotional distress and loss of enjoyment life and loss of consortium. These kinds of damages are more difficult to quantify, yet they can still be compensated for. When pursuing a claim for personal injury, it is crucial to work closely with an attorney for injury to ensure that all of your losses are taken into consideration. Pain and suffering Personal injury claims are a way to recover damages for physical pain and mental suffering. It could also include other damages such as loss of enjoyment of life. Pain and suffering is one of the more subjective types of damages that can be difficult to quantify and prove. But it is an essential element of a personal injury claim. In most personal injury lawsuits the plaintiff can seek both economic and noneconomic compensatory damages. The former are those that can be linked to tangible losses, such as medical expenses and lost wages. The latter includes pain and suffering, loss in consortium, inconvenience, out-of-pocket costs and other losses that are not monetary. Non-economic damages are also known as “pain & suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. It is up to the jury to decide what is a fair amount to award. A judge is often unwilling to alter the jury's pain and suffering award. There are many methods a judge or jury could utilize to determine the amount of the victim's suffering and pain. The multiplier method involves multiplying actual damages by a particular number based on the severity of the injuries. The per dia method assigns a certain dollar amount to each day that the victim is recovering until they reach their maximum medical recovery. It is important to provide as much documentation as you can regardless of whether you are using the multiplier method or the per-diem method. This includes medical records, photographs, witness testimony, and other relevant documents. Additionally, you should keep a record detailing your injuries and how they have impacted your life. This will help you remember the details of your case if you are required 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 in order to solve your case. You can engage an attorney in New York to handle your case. An experienced lawyer will help you maximize your settlement for the pain and suffering. Loss of wages The compensation injured victims receive for their personal injury claims can include a large amount of lost wages. This is the amount they would have received had they not had to take time off work because of their injuries. These losses are usually temporary and reversible. In certain instances, they could be permanent or irreparable. The majority of people calculate their lost wages by multiplying their salary by the number of weeks or days they were away from work. Let's take an example: you typically earn $25 per hour ($1,000 per week), and you were injured in a car accident which kept you out of work for four weeks. In this instance, you would lose $4,000. Personal injury cases can become more complicated based on the severity and nature of the injury. For instance, if permanently disabled as a result of the accident and unable to return to your previous job, you might be entitled to damages that cover the loss of future income and the potential for advancement. In these cases, you can prove 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 wages those jobs would have earned. You may also need to provide additional documents to prove that you have lost wages. This might include a wage verification letter from your employer, tax records Profit and loss statements, receipts or invoices as well as business bank accounts or finance-related correspondence. Bonuses and commissions may also be considered when calculating your lost wages. In some instances it is possible that the insurance company may be able to cover your lost wages as part of your no-fault claim or settlement agreement. If this is the case, you shouldn't have to file a personal injury lawsuit in addition to your no-fault claim. Contact a seasoned personal injury attorney if you were injured in an accident in the car or another injuries in New York. This will help you escape the burden of the legal system and ensure that you are compensated for medical bills loss of income, suffering and other losses.