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What Is a Personal Injury Claim? A personal injury claim is someone who has suffered physical or emotional harm as a result of the negligence of another. The victim may be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other expenses might include travel costs to appointments and home modifications as well as care costs for permanent impairments or disabilities. Some victims could also seek special damages for mental suffering. Damages Personal injury claims seek to recover compensation for the losses that an injured person is suffering due to negligence of another individual or. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation may be used to cover medical expenses as well as lost earnings, emotional distress and pain and suffering. Damages for punitive purposes can be claimed in the event of extreme negligence. 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 complete records of all costs or losses to increase the amount of money that is repaid by special damages. Future damages can be difficult to determine because they depend on the severity of an injury and its long-term effects. Our lawyers will work with medical experts in order to determine the estimated cost for ongoing treatment, travel costs to and from appointments, and any equipment or modifications that may be required due to permanent disabilities. General damages are more subjective and encompass the cost of pain and discomfort resulting from an accident. This includes the compensation for past pain and discomfort and also future suffering and pain that is reasonably anticipated based on the severity of an injury. It is essential to hire an experienced attorney represent you, as they will be able to accurately assess your claim for pain and suffering depending on the specific 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 participate in the activities they once enjoyed. Birmingham injury lawyers of companionship or emotional distress is more difficult to quantify. However our lawyers have a wealth of experience in helping victims establish the appropriate compensation for these kinds of damages. Medical bills Medical bills can comprise an important portion of a personal injury settlement, especially when the victim has suffered severe injuries. If the victim of the accident did not have an existing insurance policy that was covered by either a car insurance policy or health insurance, they are accountable for the amount of the medical expenses incurred from their personal injury settlement. Medical-related injuries include hospital visits, surgeries and physical therapy. They also cover home care and medication. Accident victims may also be able to claim future medical expenses likely to arise from their injuries. These could include future surgeries, rehabilitation treatments, or the need for long-term medical treatment. It is important that victims of accidents stay up-to-date in their treatment and communicate with their medical professionals. This will help them prove that their suffering has a monetary worth. Staying current with treatments will aid the recovery of an accident victim faster, which is crucial when proving the value for their pain and suffering claim. In some cases medical bills can be so large that they surpass the total settlement of a plaintiff. If this is the situation, a lien reduction attorney can help negotiate the medical debt to ensure that more money can be deposited into the pocket of the victim of the accident. Non-economic damage claims can be just as important as financial value of an injured person's medical expenses. These damages could include emotional distress and loss of enjoyment. These damages are hard to quantify, but they can be compensated. If you're pursuing a claim based on personal injury, it's important to work closely with an injury lawyer to ensure all of your losses are taken into consideration. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. Other damages, such as the loss of enjoyment of living, are also covered. Pain and suffering is one of the subjective types of damages which can be difficult to quantify and prove. But it is an essential component of a personal injury claim. In most personal injury claims the plaintiff can seek both non-economic and economic compensation damages. The former are based on tangible losses, such as medical expenses and lost wages. The latter include things like suffering and suffering, loss of consortium, inconvenience, out-of-pocket costs and other losses that aren't directly monetary. Non-economic damages are also referred as “pain & suffering” and are not able to be proven by receipts. They do not have an attached dollar amount. Therefore, it's left to the jury to decide what they believe an appropriate amount would be. Judges are often not willing to alter the pain and suffering award. There are many methods a judge or jury could employ to determine the value of the victim's suffering and pain. One of them is the multiplier technique, which involves multiplying the actual damages by a figure that is based on the severity of the injury. The per method assigns a dollar amount for each day of the victim's recovery until they reach their maximum medical recovery. It is important to provide as much documentation as is possible regardless of whether you employ the multiplier method or the per diem method. Included in this are medical records, photographs and witness testimony. It is also recommended to keep journals that detail your injuries and the impact they have affected your life. This can help you recall the details of your case in the event that you need to give evidence in depositions or hearings. If you are unable to reach an agreement with your insurance company, you could need to go to court to resolve your issue. You can engage an attorney in New York to handle your case. An experienced lawyer can manage your claim to maximize your amount of compensation for the pain and suffering. Lost wages The compensation that injured victims receive for their personal injury claims can include a large amount of lost wages. This is the amount they would have earned had they not been forced to work a second shift due to their injuries. Often, these losses are temporary and can be recouped. In certain instances, they could be irreparable or permanent. For most people, the easiest method of calculating lost earnings is to take their pay rate and then multiply it by the number of days or weeks they were absent from work. For example, let's say you usually earn $25 an hour ($1,000 per week) but you were injured in a car crash that prevented you from going to work for four weeks. In this instance your loss in earnings would be $4,000. Personal injury cases can become more complex depending on the severity and nature of the injury. For instance, if permanently disabled in the accident and are unable to return to your previous job, you might be able to claim damages that cover the loss of future income and the potential for advancement. In these cases the proof of your loss in earning potential is as easy as presenting evidence that you were able to accept jobs in the past at the same amount that you could have earned. You might also have to provide other documents in order to prove your lost wages. You may be required to provide an employer's letter that confirms your lost wages, along with tax records, profit and loss statements, invoices, receipts, bank statements for business, or any correspondence that is related to finance. When calculating your lost wages, bonuses and commissions can be considered too. In certain cases the insurance of the other driver's company may be able to cover your wages lost as a part of your no fault claim or settlement agreement. If this is the case, you should not be required to file a personal injury lawsuit in addition to your no fault claim. If you have been injured in a crash in New York, or any other kind of injury, you should seek out a seasoned personal injury lawyer. This will help you avoid the pressure of the legal system and ensure that you receive compensation for medical expenses, lost income, pain and suffering and other expenses.