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What Is a Personal Injury Claim? Personal injury claims are filed by those who have suffered emotional or physical harm as a result of the negligence of a third party. The victim could be entitled to compensation for medical expenses as well as pain, suffering and lost wages. Other expenses might include travel expenses to appointments, home modifications, and care costs for permanent impairments or disabilities. Certain victims could also be entitled to special damages for mental suffering. Damages A personal injury claim seeks compensation for damages suffered by an injured person because of the negligence of another individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation is contingent on the severity and nature of injuries sustained. Compensation can cover medical expenses as well as lost earnings, emotional distress, and pain and suffering. Punitive damages that are awarded in cases of recklessness beyond the limits, may also be claimed. The types of compensation that can be claimed in the case of personal injury fall into two categories: special and general damages. Expenses and financial losses incurred are known as special damages and are typically quantifiable in real dollars. Keep detailed records and receipts for any losses or expenses will aid in maximizing the amount of money reimbursed through special damages. Future damages are difficult to quantify since they depend on the extent of the injury and their expected long-term impact. Our lawyers will work with medical professionals to determine the estimated cost for ongoing treatment, travel expenses to and from appointments, and any equipment or modifications that may be needed due to permanent disabilities. General damages are typically more subjective, and include compensation for the victim's suffering and pain due to an accident. This includes the compensation for discomfort and pain in the past, as well future suffering and pain based on severity of injury. It is essential to hire an experienced attorney representing you, as they will be able to accurately estimate your pain and suffering claim in light of the facts of your particular case. Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate a person for the negative impact an injury has on their ability to engage in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, however our lawyers have years of experience in helping victims establish the right amount of compensation for these types of damages. Medical bills Medical expenses can be the largest portion of an injury claim, especially when an accident has left the victim with serious injuries. If the person who suffered an injury doesn't have an existing insurance policy that covers them, such as car insurance or health insurance policy, they are responsible for the medical expenses which were part of the personal injury settlement. The types of medical-related damages that may be claimed in a personal injury case include any medical expenses that the victim of the accident has to pay such as hospital visits, surgery or physical therapy, home health care, and medications. Accident victims may also be able to claim future medical expenses expected to result from their injuries. This could include future surgeries, rehabilitation procedures or the necessity for long-term medications. It is crucial that accident victims stay up-to-date with their treatment, and fully communicate with their medical professionals. This will help prove that the pain and suffering they experience has worth. Keeping current with treatments can help an accident victim recover faster, which is important when proving the merits for their pain and suffering claim. In some cases, the medical bills can be so large that they surpass the settlement amount of a plaintiff's overall. A lien reduction attorney can assist in negotiating the outstanding medical bills so that the victim can get more money. Non-economic damages can be as significant as the amount of medical bills for an injured person. They can be a result of emotional distress and loss of enjoyment life, and loss of consortium. These kinds of damages are more difficult to quantify, but they can still be compensated for. It is essential to consult with an experienced injury lawyer when pursuing personal injury claims to ensure that all of your losses are considered. Pain and suffering A personal injury claim covers the damages resulting from the physical pain and mental stress. Other damages, like the loss of enjoyment living, may be covered. The concept of pain and suffering is among the most subjective types of damages that can be difficult to prove and quantify. Chattanooga injury lawyers is still an important part of a personal injuries claim. In most personal injury claims, the plaintiff can recover both economic and noneconomic compensatory damages. The first category is tangible losses like medical costs and lost wages. These include things such as pain and suffering, loss of consortium, inconvenience, out-of-pocket expenses and other losses that are not directly related to money. Damages for mental and physical anguish are known as non-economic damages and are often referred to as “pain and suffering.” They are not established by receipts and don't have a fixed dollar amount associated with them. Therefore, it's left to the jury to determine what they feel a fair award would be. A judge is usually reluctant to modify a jury's award for pain and suffering. There are a variety of methods a judge or jury could utilize to determine the amount of the suffering and pain suffered by a victim. One method is the multiplier method, which involves multiplying the actual damages by a number that is based on the severity of the victim's injuries. Another option is the per diem method which gives a daily amount for each day until the victim reaches maximum medical recovery. If you're using the multiplier or per-diem method, it is vital that you submit as much documentation and support for your claim as you can. Included in this are medical documents, photographs and witness testimony. It is also recommended to keep journals that detail your injuries and the impact they have affected your life. This will help you remember the details of your case when you have to give evidence in depositions or hearings. If you are unable reach an agreement with the insurance company, it may be necessary to go to trial to solve your case. You can hire a New York attorney to handle your case for you. A seasoned lawyer will be able to take care of your claim and increase the compensation you receive for your pain and suffering. Loss of wages Lost wages are the largest portion of settlement that injured victims receive from their personal injury claim. This is the wage they would have earned had they not had to work a second shift because of their injuries. These losses are often temporary and recoverable. In some cases however, they may be permanent and irreparable. The majority of people estimate their lost wages by multiplying their pay rate by the number of weeks or days that they were off work. For example, let's say you usually earn $25 an hour ($1,000 per week) but you were injured in a car accident which kept you out of work for four weeks. In this scenario the loss of earnings would be $4,000. The complexities of personal injury cases can increase, based on the severity and nature of your injury. If you are permanently disabled and unable return to work, you may be entitled to compensation including future loss of earnings as well as your promotion potential. In these cases the proof of your loss in earning potential is as easy as proving that you were able to take positions in the past for the amount you could have earned. You may also need to provide other documents to prove that you lost wages. You may be required to provide 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 that is related to finance. Bonuses and commissions may be included in the calculation of your lost wages. In certain instances the insurance of the other driver's company might cover your wages lost as a part of your no-fault claim or settlement agreement. 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 car crash in New York, or any other type of injury you should consult an experienced personal injury lawyer. This will help you avoid the stress of the legal system and ensure that you are compensated for medical bills, lost income, pain and suffering, and other losses.