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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered physical or emotional injury due to the negligence of someone else. The victim may be entitled to compensation for medical expenses and pain, suffering and lost wages. Other expenses could include travel expenses to appointments or home modifications, as well as the cost of care for permanent impairments or disabilities. Some victims could also seek special damages for mental pain. Damages Personal injury claims seek compensation for the losses that an injured person is suffering due to negligence of an individual or another. Victims can be compensated for economic and other damages. The amount of compensation awarded will depend on the severity and type of injuries suffered. Compensation can cover expenses like medical costs and loss of earnings, and may also cover the cost of suffering and pain, physical impairment, as well as emotional distress. 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 can be classified into two categories: general and special damages. Expenses and financial losses incurred are known as special damages, and are typically quantifiable in real dollars. Maintaining accurate records and receipts for any losses or expenses will aid in maximizing the amount of money reimbursed by special damages. Future damages are difficult to quantify, as they depend on the extent of a victim's injuries and the long-term effects they are expected to have. Our lawyers will work with medical professionals to determine the estimated cost for ongoing treatment, travel costs to and from appointments, and any equipment or modifications that are needed due to permanent disabilities. General damages are often more subjective, and include compensation for a victim's suffering and pain due to an accident. This includes the compensation for past pain and discomfort, as well as future pain and suffering that is reasonably anticipated in light of the severity of the injury. This is the reason it's essential to have a seasoned lawyer representing you, since they'll be able 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 victims for the negative impact that 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, however our lawyers have a wealth of experience helping victims to determine the proper compensation for these types of damages. Medical bills Medical bills can make up the majority of a personal injury settlement particularly when the victim has suffered serious injuries. Unless the injury victim had prior coverage that was covered by either a car insurance policy or health insurance, they will be accountable for the amount of medical costs from their personal injury settlement. The kind of medical-related damages that can be claimed in a personal injury lawsuit include any medical expenses for the victim such as hospital visits, surgeries, physical therapy, home health care, and medications. Victims of accidents can also claim future medical expenses expected to arise from their injuries. This could include future surgeries, rehabilitation treatments, or the need for long-term medication. It is important that accident victims remain current on their treatment and communicate with their doctors. This will help them demonstrate that their suffering is financially worth. Being current with treatment options will aid the recovery of an accident victim sooner, which can be crucial when proving the value of their claim for pain and suffering. In some cases medical bills can be so expensive that they surpass the settlement amount of a plaintiff. If this is the situation the lien reduction lawyer can help negotiate the outstanding medical debts so 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 monetary amount of an injured person's medical expenses. They can include emotional distress and loss of enjoyment life and loss of consortium. These kinds of damages are harder to quantify, but they can still be compensated for. It is essential to consult with a seasoned injury lawyer when you pursue a personal injury claim to ensure that all your losses are taken into consideration. Suffering and pain Personal injury claims provide compensation for physical pain and mental suffering. It can also include other damages like loss of enjoyment of life. Pain and suffering are one of the more subjective types of damages which can be difficult to quantify and prove. But it is a crucial element of an injury claim. In most personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The former can be tied to tangible losses, like medical expenses and lost wages. The latter includes things such as pain and suffering loss of consortium, inconvenience, out of pocket expenses and other losses that are not directly monetary. Damages for physical pain and mental anguish are referred to as non-economic damages and are often referred to as “pain and suffering.” They cannot be established by receipts and don't have a specific dollar amount attached to them. It is the jury to decide what they think an appropriate amount should be. A judge is usually unwilling to alter the verdict of a jury for pain and suffering. A judge or jury may employ a variety of methods to determine the value for suffering and pain. One method is the multiplier method, which involves multiplying the amount of damages by a number which is determined by the extent of the injuries suffered by the victim. The per dia method assigns a certain dollar amount for each day of recovery until they reach the maximum medical recovery. Whether you are using the multiplier or per-diem method, it is essential that you submit as much documentation and support for your claim as you are able to. Included in this are medical records, photographs and witness testimony. In addition, you should keep a diary detailing your injuries and how they have impacted your life. This can help you recall the details of your case when you are required to testify in depositions or hearings. If you cannot reach an agreement with your insurance company, you might need to go to court to settle your case. Kansas City injury lawsuit can employ a New York attorney to handle your case on your behalf. An experienced lawyer will handle your claim to maximize your amount of compensation for pain and suffering. Lost wages Loss of wages can make up an important component of the settlement that injured victims receive from their personal injury lawsuit. These are the wages they could have earned in the event that they weren't forced to miss work because of their injuries. These losses are usually temporary and reversible. In some cases they can 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. For instance, let's say you typically earn $25 an hour ($1,000 per week) and you were injured in a car accident that kept you out of work for four weeks. In this case, you would lose $4,000. Personal injury cases can become more complicated based on the severity and nature of the injury. For instance, if you were permanently disabled in the accident and cannot return to work you may be eligible for damages that include your future loss of income and the possibility of promotion. In these cases you can demonstrate your loss of earning capacity by presenting evidence of the types of jobs you might have taken on in the past, and what kind of pay these jobs could have offered. You may also need to provide additional documents to prove that you have lost wages. This might include a letter of verification from your employer tax records, tax records Profit 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 may pay your lost wages as a no-fault claim. If this is the scenario, you do not need to make a personal injury claim in addition to your no-fault claim. If you have been injured in a crash in New York, or any other type of injury, you should seek out a seasoned personal injury lawyer. This can assist you in having to navigate the legal process on your own and ensure that you are compensated for medical expenses as well as lost wages, suffering and other losses.