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What Is a Personal Injury Claim? A personal injury lawsuit involves a person suffering physical or emotional harm due to someone else's negligence. The victim may be entitled to compensation for medical bills and pain, suffering and lost wages. Other expenses could include travel to appointments, home modifications, and care costs for permanent impairments. Some victims could also seek special damages for mental pain. Damages Personal injury claims seek to recover compensation for damages that an injured party suffers due to negligence or other individual. Victims are entitled to compensation for both economic and other damages. The amount of compensation is contingent on the severity and type of injuries suffered. Compensation can cover medical expenses, lost earnings, emotional distress and suffering and pain. Punitive damages, which are awarded in the case of extreme recklessness, may also be claimed. The kinds of compensation available in personal injury cases can be classified into two categories: general and special damages. Special damages are incurred expenses and financial losses, and are generally quantifiable. Maintaining detailed documents and receipts for any losses or expenses will help maximize the amount of money refunded by special damages. Future damages are difficult to quantify, as they are based on the severity of the injuries sustained by a victim and their expected long-term impact. Our attorneys can collaborate with medical professionals to determine the estimated costs of ongoing treatment, extra expenses for transportation to and from appointments and any modifications or equipment requirements that result from permanent disabilities. General damages are often more subjective and may include compensation for the victim's pain and suffering due to an accident. This includes the compensation for discomfort and pain in the past, as well future suffering and pain dependent on the severity of the injury. This is why it's crucial to hire a competent lawyer representing you, since they will know how to evaluate your claim for pain and suffering and give 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 can have on their ability to be capable of enjoying the activities they used to love. Loss of emotional distress and companionship can be more difficult to quantify, but our lawyers have years of experience assisting victims in establishing the right amount of compensation for these kinds of damages. Medical bills Medical expenses can constitute the majority of a settlement for personal injuries especially if the victim has sustained serious injuries. If the person who suffers an injury doesn't have prior coverage that is covered by their car insurance or health insurance policy, they will be accountable for medical expenses that were included in the settlement for personal injuries. The kind of medical-related damages that may be claimed in a personal injury lawsuit include any medical costs incurred by the accident victim such as hospital visits, surgery, physical therapy, home care, and medication. Accident victims can also claim future medical expenses that are likely to arise from their injuries. Provo injury attorneys can include future surgery, rehabilitation treatments or the need for long-term medication. It is essential that accident victims remain current in their treatment and communicate with their medical professionals. This will help establish that the suffering and pain they are suffering from has a worth. Keeping current with treatments can aid the recovery of an accident victim sooner, which can be important when proving the merits for their claim for pain and suffering. In some instances, the medical bills could be so substantial that they exceed a plaintiff's overall settlement. If this is the situation an attorney who specializes in lien reduction can assist in negotiating the outstanding medical debt so that more money can be put into the pocket of the victim of the accident. Non-economic damages are as important as the amount of medical expenses for an injured person. They could include emotional distress as well as loss of enjoyment of life and loss of consortium. These types of damages are more difficult to quantify, but can still be compensated. It is crucial to consult with a seasoned injury lawyer when pursuing an injury claim in order to ensure that all your losses are taken into account. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. Other damages, such as the loss of enjoyment of living, can be included. Pain and suffering is one of the most subjective types of damages, and is difficult to prove and quantify. It's a crucial element of a personal injury claim. In most personal injury claims the plaintiff is able to recover both non-economic and economic compensatory damage. The first is tangible losses, such as medical costs and lost wages. The latter include things like suffering and suffering loss of consortium, inconvenience, out-of-pocket expenses and other losses that are not directly financial. Non-economic damages are also referred to as “pain & suffering” and cannot be proved by receipts. They don't have an attached dollar amount. It is up to the jury to decide what a fair award should be. Judges are often not willing to alter a jury's pain and suffering award. A judge or jury may use several methods to calculate the amount of suffering and pain. One option is the multiplier technique, which involves multiplying actual damages by a figure that is based on the extent of the injuries suffered by the victim. Another method is the per diem method which gives a daily amount for each day until the victim has reached maximum medical recuperation. Whether you are using the multiplier or per-diem method, it is vital that you submit as much documentation and evidence for your claim as possible. This includes medical records, photographs witnesses' testimony, other relevant documents. Additionally you should keep a record detailing your injuries and how they have affected your life. This can help you recall the details of your case when you are required to testify in depositions or hearings. If you are unable to reach an agreement with your insurance company, you could have to go to court to settle your case. You can engage an experienced New York attorney to handle your case for you. A seasoned lawyer can help you maximize your amount of compensation for the pain and suffering. Lost wages The compensation that injured victims receive for their personal injury claim can include a significant amount of lost wages. These are the wages they could have earned had they not been forced to work a lot because of their injuries. The majority of these losses are temporary and reversible. In certain instances, however, they can be permanent and irreparable. Most people estimate their lost wages by multiplying their pay rate by the number of weeks or days that they were off work. Let's take an example: you usually earn $25 an hour ($1,000 per week) but you were injured in a car crash that kept you out of work for four weeks. In this scenario the loss of earnings would be $4,000. The complexities of personal injury claims may increase, based on the severity and nature of your injury. For instance, if you were permanently disabled as a result of the accident and are unable to return to work, you might be able to claim damages that include the loss of future income and potential for promotion. In these situations you can prove your loss of earning capacity by showing evidence of the kind of jobs you might have accepted in the past, and what kind of salary those jobs might have paid. You may also have to provide additional documents to prove that you have lost wages. You might need to submit a letter from your employer to confirm your lost wages along with tax records, profit and loss statements invoices, receipts and invoices bank statements for business, or other correspondence regarding finance. Bonuses and commissions could also be considered when calculating your lost wages. In some instances, the insurance company of the other driver could compensate you for your lost wages under a no-fault claim. If this is the situation, you shouldn't have to file a separate personal injury lawsuit on top of your no-fault lawsuit. If you have been injured in a car crash in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This can help you avoid having to navigate the legal process on your own and ensure that you receive compensation for your medical bills, lost wages, suffering and other losses.