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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional harm due to the negligence of a third party. The victim could be awarded compensation for various damages, including medical bills, pain and suffering, and lost wages. Other expenses might include travel expenses to appointments, home modifications, and expenses for care for permanent disabilities or impairments. Some victims may also be entitled to special damages for mental suffering. Damages A personal injury claim seeks to recover for the losses suffered by the injured party due to the negligence of a third party. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation depends on the severity and type of injuries suffered. Compensation may be used to cover medical expenses as well as lost earnings, emotional distress and suffering and pain. Punitive damages which are awarded in cases of extreme recklessness, can also be sought. The types of compensation that can be claimed in a personal injury case are classified into two categories: general and special damages. Special damages are the result of incurred costs and financial losses, and are usually quantifiable. Keep detailed records of any costs or losses to increase the amount that can be repaid through 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 the expected long-term effects. Our attorneys will work with medical professionals to determine the estimated cost for ongoing treatment, travel expenses to and from appointments, and any modifications or equipment that might be required due to permanent disabilities. General damages are more subjective and comprise the cost of discomfort and pain that result from an accident. This includes compensation for past discomfort and pain, as well as future pain and suffering that is reasonably previsible in light of the severity of an injury. This is the reason it's essential to have a seasoned attorney representing you, as they will know how to value your claim for pain and suffering and give accurate estimates based on the facts of your case. Other damages that are general in nature include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate a victim for the negative effect an injury can have on their ability to engage in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have a wealth of experience in helping victims establish the proper compensation for these types of damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries, especially when the victim has suffered severe injuries. If the person who suffered an injury does not have preexisting coverage paid by their car insurance or health insurance policy, they are responsible for the medical expenses that were included in the personal injury settlement. Medical-related damages include hospital visits, surgery and physical therapy. They also include medications and home care. In addition, an accident victim can also claim the cost of future medical expenses that are anticipated to result from their injuries. These expenses can include future surgery, rehabilitation treatments or the need for long-term medication. It is crucial that accident victims keep up with their treatment and be in constant contact with their medical professionals. This will help prove that the pain and suffering they experience has worth. Being current with treatment options will aid the recovery of an accident victim sooner, which can be crucial when proving the value for their claim for pain and suffering. In some instances, the medical bills may be so significant that they would overtake the total settlement of a plaintiff. If this is the case an attorney who specializes in lien reduction can assist in negotiating the medical debt to ensure that more money is put into the pocket of the victim of the accident. Non-economic damages can be just as important as the financial value of a person's medical bills. They can be a result of emotional distress and loss of enjoyment life, and loss of consortium. These damages are difficult to quantify, but they can be compensated. If you are pursuing a claim for personal injury, it is crucial to work closely with an injury lawyer to ensure that all of your losses are considered. Pain and suffering A personal injury claim covers damages related to a victim's physical pain and mental distress. Other damages, such as the loss of enjoyment of living, are also covered. The pain and suffering category is one of the types of damages that are subjective that are difficult to quantify and prove. But, it is an important part of an injury claim. In the majority of personal injury cases the plaintiff is able to recover economic and noneconomic compensatory damages. The first is tangible losses, such as medical costs and lost wages. Hayward includes things such as pain and suffering as well as loss of consortium inconvenience, out of pocket expenses and other losses that aren't directly monetary. Damages for physical pain and mental anguish are known as non-economic damages and are referred to as “pain and suffering.” They cannot be proved by receipts and don't have a fixed dollar amount that is attached to them. Thus, it is up to the jury to decide what they believe a fair award would be. A judge is often unwilling to alter a jury's pain and suffering award. There are several methods that a judge or jury could utilize to determine the amount of the suffering and pain suffered by a victim. The multiplier method is based on multiplying the actual damages by a specific number based on the seriousness of the injuries. Another option is the per diem method which assigns a daily value for each day until the victim has reached the maximum medical recovery. It is important to provide as much documentation as possible regardless of whether you are using the multiplier method or the per diem method. Included in this are medical records, photographs, and witness testimony. It is also recommended to keep an account of your injuries as well as the impact they've had on your life. This will help you remember the details of your case if 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 to resolve your case. You can employ an New York attorney to handle your case on your behalf. An experienced lawyer can manage your claim to maximize your compensation for suffering and pain. Lost wages Loss of wages can make up the largest portion of compensation injured victims receive from their personal injury lawsuit. This is the wage they would have received had they not been forced to miss their job due to their injuries. These losses are usually temporary and recoverable. In certain instances, they could be permanent or irreparable. Most people can estimate their lost wages by multiplying their salary by the number of weeks or days that they were away from work. Let's say you earn $25 per hour ($1,000 per week) and were injured in a traffic collision. You missed four weeks of work. In this scenario your loss in earnings would be $4,000. The complexity of personal injury claims may increase, depending on the nature and severity of your injury. For instance, if permanently disabled in the accident and are unable to return to your previous job You may be able to claim damages that cover the loss of future income and the potential for advancement. In these situations the proof of your loss in earning potential is as easy as proving that you were able to take positions in the past for the amount you could have earned. You may also need to submit other documentation to prove your lost wages. This might include a letter of verification from your employer tax records profits and loss statements, receipts or invoices and business bank accounts or finance-related correspondence. When calculating your lost wage bonuses and commissions can also be taken into account. In some instances the insurance company of the other driver might pay your lost wages as a no-fault lawsuit. If this is the case you shouldn't need to file a separate personal injury lawsuit in addition to your no-fault lawsuit. If you have been injured in a car accident in New York, or any other type of injury you should speak with an experienced personal injury lawyer. This will assist you in dealing with the stress of the legal process on your own and ensure that you get compensation for medical bills as well as lost wages, suffering and other losses.