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What Is a Personal Injury Claim? A personal injury claim is the victim suffering emotional or physical harm as a result of another's negligence. The victim could be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses could include travel to appointments, home modifications, or the cost of care for those with permanent impairments. Some victims may also be able to claim special damages for mental pain. Damages A personal injury claim seeks to recover for damages suffered by an injured person due to the negligence of a third party. A victim can recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and nature of injuries suffered. Compensation can cover expenses like medical treatment and loss of earnings, and could also include the cost of pain and suffering, physical impairment, and emotional distress. Punitive damages are possible in the case of extreme negligence. The types of compensation in a personal injury case can be classified into two categories: general and special damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in actual dollars. Keep meticulous records of any expenses or losses in order to maximize the amount reimbursed by special damages. Future damages aren't always easy to estimate due to the fact that they are contingent on the severity of the injury and its long-term effects. Scranton injury lawsuits can work with medical professionals to determine the estimated cost of ongoing treatment, extra costs for transportation to and from appointments and any modification or equipment requirements that result from permanent disabilities. General damages are more subjective and include the cost of discomfort and pain resulting from an accident. This includes the compensation for discomfort and pain in the past, and future pain and suffering dependent on the severity of the injury. This is why it's important to have a skilled attorney representing you, as they will know how to value your claim for suffering and pain and provide accurate estimates based upon the facts of your case. Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative effect an injury can have on their ability to engage in the activities they once enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims establish the proper compensation for these types damages. Medical bills Medical expenses can constitute an important portion of a personal injury settlement, especially when the victim has suffered severe injuries. If the injured party did not have preexisting coverage that was paid through an insurance policy for cars or health insurance policy, they will be responsible for paying back the amount of medical expenses from the settlement for personal injury. The types 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, including hospital visits, surgeries and physical therapy, home health care, and medication. In addition an accident victim may also claim the cost of future medical expenses that are anticipated to result from their injuries. This could include future surgeries, rehabilitation procedures, or the need for long-term medication. It is essential that accident victims stay current on their treatment and communicate with their medical professionals. This will help them prove that their suffering is worth a dollar. Also, keeping current with treatment options can help an accident victim recover faster which is essential in proving the value of their pain and suffering claim. In certain cases, medical bills could be so substantial that they would overtake the total settlement of a plaintiff. If this is the situation an attorney who specializes in lien reduction can help negotiate 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 important as medical expenses for an injured person. They could include emotional distress as well as loss of enjoyment of life and loss of consortium. These damages are difficult to quantify, but they could be compensated. It is important to work with an experienced injury lawyer when pursuing a personal injury claim 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 that can be difficult to prove and quantify. But, it is an important part of an injury claim. In most personal injury claims the plaintiff can seek both non-economic and economic compensation damage. The first is tangible losses, such as medical costs and lost wages. These include things such as suffering and suffering as well as loss of consortium inconvenience, out-of-pocket costs, and other losses that aren't directly financial. Damages for mental and physical pain are referred to as non-economic damages 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 is a fair amount to award. A judge is often reluctant to modify the verdict of a jury for pain and suffering. There are a variety of methods jurors or judges could employ to determine the value of the suffering and pain suffered by a victim. The multiplier method is based on multiplying the actual damages by a particular number based on the seriousness of the injuries. The per dia method assigns a certain dollar amount to each day that the victim is recovering until they reach maximum medical recovery. If you're using the multiplier or per-diem method, it is crucial that you submit as much evidence and proof for your claim as possible. Included in this are medical documents, photographs and witness testimony. In addition, you should keep a journal detailing your injuries and how they have affected your life. This will help you remember the details of your case when you have to testify in depositions or hearings. If you're unable to reach an agreement with the insurance company, it might be necessary for you to go to court to resolve your case. You can hire an attorney in New York to handle your case. A seasoned lawyer can handle your claim to maximize your settlement for pain and suffering. Loss of wages Lost wages can be an important component of the compensation that injured victims receive through their personal injury claim. This is the wage they would have received if they not been forced to work a second shift because of their injuries. These losses are often temporary and can be recouped. In certain instances, they could be irreparable or permanent. Most people can estimate their lost wages by multiplying their pay rate by the number weeks or days they were off work. For instance, let's say you normally make $25 per hour ($1,000 per week) but you were injured in a car crash that kept you out of work for four weeks. In this case the loss of earnings would be $4,000. Personal injury claims can be more complicated based on the severity and nature of your injury. For instance, if you are permanently disabled in the accident and unable to return to work, you might be eligible for damages that include your future loss of income and the possibility of promotion. In these instances the evidence to prove your loss of earning potential is as simple as proving that you were able to accept positions in the past for the same amount that you could have earned. You may also be required to provide other documents to prove that you have lost wages. You may be required to provide a letter from your employer verifying your lost wages, along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or other correspondence that is related to finance. When calculating your lost wages bonuses and commissions can be considered too. In some instances the insurance company of the other driver might compensate you for your lost wages under a no-fault claim. If this is the situation it's not necessary to file a personal injury lawsuit in addition to your no-fault lawsuit. If you've been injured in a car crash in New York, or any other kind of injury, you should speak with an experienced personal injury lawyer. This will help you escape the burden of the legal system and ensure you receive compensation for medical expenses, lost income, pain and suffering and other expenses.