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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm due to the negligence of another. The victim can receive compensation for various damages, such as medical bills as well as pain and suffering and lost wages. Other costs could include travel appointments, home modifications, or the cost of care for those with permanent impairments. Some victims may also be entitled to specific damages for mental suffering. Damages Personal injury claims seek to recover compensation for the damages an injured person is suffering due to negligence of an individual or another. The victim may seek damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity and nature of injuries suffered. Compensation may be used to cover medical expenses loss of earnings, emotional distress, and pain and suffering. Punitive damages that are awarded in the case of extreme recklessness, may also be sought. In a personal injury claim the compensation is divided into two categories: special damages and general damages. The financial losses and expenses incurred are referred to as special damages and are usually quantifiable in dollars. Keep detailed records of any costs or losses to increase the amount of money that is repaid by special damages. Future damages are more difficult to quantify, as they are based on the severity of the injuries sustained by a victim and their expected long-term impact. Our lawyers will work with medical professionals to determine the estimated cost for ongoing treatment, travel costs to and from appointments and any modifications or equipment that may be required due to permanent disabilities. General damages are usually more subjective, and 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 pain and suffering based on severity of injury. It is important to choose an experienced attorney representing you as they can accurately estimate the amount of your claim for pain and suffering depending on the specific facts of your case. Other types of general damages include loss of enjoyment and companionship loss and emotional distress. Loss of enjoyment damages compensate the victim for the negative impact an injury has on their ability to engage in activities that they used to enjoy. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have years of experience in helping victims get the proper amount of compensation for these damages. Minneapolis injury lawsuit can make up a significant portion of an injury claim, especially when an accident has left the victim with serious injuries. Unless the injury victim had preexisting coverage that was paid through a car insurance policy or health insurance, they will be responsible for paying back the amount of medical expenses incurred from their personal injury settlement. The types of medical-related damages that can be claimed in a personal injury case include any medical costs for the victim which includes hospital visits, surgeries or physical therapy, home health care, and medication. Accident victims may also be able to claim future medical expenses that are expected to result from their injuries. These costs could include future surgery, rehabilitation treatments or the requirement for long term medication. It is vital that accident victims stay up-to-date with their treatment, and fully communicate with their medical professionals. This will help them demonstrate that their suffering has a monetary worth. Keeping current with treatments can aid the recovery of an accident victim faster, which is important when proving their case of their pain and suffering claim. In certain instances medical bills can 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 will receive more money. Non-economic damage claims are just as important as financial value of a person's medical expenses. They could include emotional distress as well as loss of enjoyment of life, and loss of consortium. These types of damages are harder to quantify, yet they can still be compensated. When pursuing a claim for personal injury, it's important to work closely with an injury lawyer to ensure that all of your losses are taken into consideration. Pain and suffering A personal injury claim covers the damages resulting from the physical pain of a victim and mental stress. Other damages, such as the loss of enjoyment of living, can be included. Pain and suffering is one of the subjective types of damages that are difficult to quantify and prove. But it is a crucial element of a personal injury claim. In the majority of personal injury cases the plaintiff can seek both economic and noneconomic compensatory damage. The first is tangible losses such as medical costs and lost wages. The latter includes the loss of suffering and pain, in consortium in the form of inconvenience, out-of-pocket costs, and other non-monetary losses. Non-economic damages are also known as “pain and suffering” and cannot be proved with receipts. They do not include a dollar amount. It is the jury to decide what they think an appropriate amount should be. A judge is often unwilling to alter the jury's decision on suffering and pain. There are a variety of methods jurors or judges could employ to determine the value of a victim's pain and suffering. One option is the multiplier method, which involves multiplying actual damages by a number that depends on the extent of the injuries suffered by the victim. Another method is the per diem method, which assigns a daily dollar value for each day until the victim has reached maximum medical recovery. It is important to provide as much documentation as is possible, whether you use the multiplier method or the per-diem method. This includes medical records, photographs as well as witness testimony and other relevant documents. In addition, you should keep a record detailing your injuries and how they have impacted your life. This will aid in remembering the details of your case if you have to testify in depositions or in court. 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 a New York attorney to handle your case for you. An experienced lawyer can handle your claim to maximize your amount of compensation for suffering and pain. Lost wages The amount of compensation that victims receive in their personal injury claims can comprise a substantial amount of lost wages. This is the amount they would have received had they not had to work a second shift because of their injuries. These losses are usually temporary and reversible. In certain cases, they may be irreparable or permanent. For the majority of people, the easiest method to calculate lost wages is to examine their pay rate and then multiply it by the number of weeks or days they were absent from work. For example, let's say you typically earn $25 per hour ($1,000 per week), and you were injured in a car crash which kept you out of work for four weeks. In this instance your loss in earnings would be $4,000. Personal injury claims can become more complex depending on the severity and nature of your injury. If you are permanently disabled and unable return to work, you could be entitled to compensation which include your future loss of earnings and advancement potential. In these instances the proof of your loss in earning potential is as simple as presenting evidence that you were able to accept positions in the past for a salary you could have earned. You may also have to provide additional documents to prove you lost wages. You may be required to submit a letter from your employer verifying your lost wages, as well as tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or any correspondence related to finance. When calculating your lost wages, bonuses and commissions can be included in the calculation. In some instances it is possible that the insurance company might cover your lost wages as part of your no fault claim or settlement agreement. If this is the situation you shouldn't need to file a personal injury lawsuit in addition to your no-fault claim. Contact a seasoned personal injury lawyer if you were injured in an accident in the car or another injury in New York. This will allow you to avoid the stress of the legal system and ensure you are compensated for medical bills, lost income, suffering, and other losses.