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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered emotional or physical injury due to the negligence of someone else. The victim could be entitled to compensation for medical bills, pain, suffering, and lost wages. Other expenses could include travel expenses to appointments, home modifications, and care costs for permanent disabilities or impairments. Some victims could also seek special damages for mental distress. Damages A personal injury claim seeks to recover for the losses suffered by an injured person because of the negligence of an individual. Victims may be compensated for both economic and non-economic damages. The amount of compensation depends 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. Punitive damages can be claimed in cases of extreme negligence. In a personal injury claim, compensation is divided into two categories: special damages and general damages. Special damages are incurred expenses and financial losses, and are usually quantifiable. Keeping accurate records and receipts of any expenses or losses can help maximize the amount of money refunded through special damages. Future damages are difficult to quantify, as they depend on the severity of the injury and the expected long-term impact. Our lawyers can work with medical experts to establish the estimated cost of ongoing treatment, the additional expenses for travel to and from appointments and any modification or equipment needs that will result from permanent disabilities. General damages are often more subjective and may include compensation for a victim's pain and suffering related to an accident. This includes the compensation for past pain and discomfort and also future pain and suffering that is reasonably previsible based on the severity of an injury. This is the reason it's essential to have a skilled lawyer representing you, since they'll know how to value your claim for pain and suffering and provide accurate estimates based upon the specifics of your case. Other damages that are general in nature include emotional distress, loss of companionship and loss of enjoyment. Birmingham injury lawyers of enjoyment damages compensate victims for the negative impact that an injury can have on their being in a position to enjoy the activities they used to enjoy. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims establish the right amount of compensation for these damages. Medical bills Medical expenses can constitute a large part of a settlement for personal injuries, especially when the victim has suffered severe injuries. If the person who suffered an injury is not covered by an existing insurance policy that covers them, such as car insurance or health insurance policy, they will be responsible for the medical expenses that were included in the settlement for personal injury. The types of medical-related injuries that can be claimed in a personal injury claim include any medical expenses incurred by the accident victim, including hospital visits, surgeries or physical therapy, home care and medications. Victims of accidents can also claim future medical expenses likely to arise from their injuries. These expenses can include future operations, rehabilitation procedures or the requirement for long-term medications. It is essential that accident victims remain current in their treatment and communicate with their doctors. This will help them prove that their pain and suffering is financially worth. Being current with treatment options will aid the recovery of an accident victim sooner, which can be important when proving the merits of their pain and suffering claim. In certain instances medical bills may be so expensive that they surpass the settlement amount of a plaintiff. A lien reduction lawyer will assist in negotiating the outstanding medical bills so that the victim will receive more money. Non-economic damage claims can be just as important as the amount in dollars of an injured person's medical expenses. They can be a result of emotional distress, loss of enjoyment of life and loss of consortium. These damages are hard to quantify but can still be compensated. It is crucial to work with an experienced injury lawyer when you are pursuing personal injury claims to ensure that all your losses are considered. Pain and suffering 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 more subjective types of damages that can be difficult to quantify and prove. It's a crucial part of a personal injuries claim. In the majority of personal injury cases, the plaintiff can recover both economic and noneconomic compensatory damages. The former can be tied to tangible losses, like medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium, inconvenience, out of pocket expenses, and other non-monetary losses. Damages for physical pain and mental anguish are known as non-economic damages and are also referred to as “pain and suffering.” They are not proved with receipts and do not have a specific dollar amount that is attached to them. It is the jury to decide what they think a fair award should be. Judges are often not willing to alter the pain and suffering award. There are a variety of methods a judge or jury could utilize to determine the amount of a victim's pain and suffering. One option is the multiplier method, which involves multiplying the amount of damages by a figure which is determined by the severity of the injury. Another method is the per diem method which assigns a daily dollar value to each day until the victim has reached the maximum medical recovery. It is essential to provide as much documentation as is possible regardless of whether you employ the multiplier method or the per diem method. This includes medical records, photographs as well as witness testimony and other relevant documents. It is also recommended to keep an account of your injuries as well as the impact they have affected your life. This can help you recall the details of your case in the event that you need to testify in depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary for you to go to court to solve your case. You can engage an attorney in New York to handle your case. An experienced lawyer will be able to manage your claim and maximize the amount you get for your pain and suffering. Loss of wages Lost wages can be an important component of the compensation injured victims receive from their personal injury claims. This is the wage they would have received if they not had to miss their job because of their injuries. Most of the time, these losses are temporary and recoverable. In some cases however, they may be permanent and irreparable. For most people, the most straightforward method to calculate lost wages is to examine their pay rate and multiply it by the amount of days or weeks they missed from work. For example, let's say you usually earn $25 per hour ($1,000 per week), and you were injured in a car accident which kept you out of work for four weeks. In this instance the loss of earnings would be $4,000. Personal injury claims can become more complicated based on the severity and nature of your injury. If you are permanently disabled and unable return to work, you could be entitled to damages which include your future loss of earnings and advancement potential. In these situations the evidence to prove your loss of earning potential is as easy as presenting evidence that you were able to accept jobs in the past with a salary you could have earned. You may also need to provide additional documentation to prove your lost wages. You may be required to submit an official letter from your employer that confirms your lost wages, along with tax records, profit-and-loss statements, invoices, receipts, bank statements for business, or other correspondence regarding finance. When calculating your lost wage bonuses and commissions can be considered too. In some instances, the other driver's insurance company might cover your lost wages as part of your no-fault claim or settlement agreement. If this is the situation it's not necessary to file an additional personal injury lawsuit in addition to your no-fault lawsuit. If you've been injured in a crash in New York, or any other type of injury you should seek out a seasoned personal injury lawyer. This will help you avoid navigating the stress of the legal process on your own and ensure that you receive compensation for medical expenses, lost wages, suffering and other losses.