What Is a Personal Injury Claim?
A personal injury claim involves a person suffering physical or emotional harm as a result of another's negligence. The victim could be entitled to compensation for medical expenses, pain, suffering, and lost wages.
Other expenses could include travel costs for appointments or home modifications, as well as the cost of care for permanent impairments or disabilities. Some victims might also claim special damages for mental suffering.
Damages
A personal injury claim seeks to recover for the losses suffered by an injured person due to the negligence of an individual. Victims are entitled to compensation for both economic and other damages. The amount of compensation is contingent on the severity and type of injuries sustained. Compensation can include expenses such as medical care and loss of earnings, and may also cover damages for physical impairment, and emotional distress. Punitive damages can be claimed in cases of extreme negligence.
The kinds of compensation available in personal injury cases can be classified into two categories: special and general damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in dollar amounts. Maintaining accurate records and receipts for any losses or expenses can help to maximize the amount of money reimbursed by special damages. Future damages are more difficult to quantify since they are based on the severity of the injuries sustained by a victim and the long-term effects they are expected to have. Our lawyers will work with medical experts to estimate the cost for ongoing treatment, travel expenses to and from appointments and any modifications or equipment that may be required due to permanent disabilities.
General damages are usually more subjective and may include compensation for a victim's pain and suffering related to an accident. This includes the compensation for past discomfort and pain as well as for future suffering and pain that is reasonably foreseeable based on the severity of an injury. This is the reason it's essential to hire a competent attorney on your side, as they will know how to value your claim for pain and suffering and provide accurate estimates based on the specifics of your case.
Other damages that are general in nature include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate the victim for the negative impact an injury can have on their ability to participate in activities they previously enjoyed. Loss of companionship or emotional distress is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims get the right compensation for these kinds of damages.
Medical bills
Medical bills can be the largest portion of a personal injury claim, especially when an accident has left the victim with serious injuries. If the person who suffers an injury does not have an existing insurance policy that covers them, such as car insurance or health insurance policy, they are responsible for the medical expenses that were included in the settlement for personal injury.
The type of medical-related damages that can be claimed in a personal injury case include any medical costs incurred by the accident victim such as hospital visits, surgery and physical therapy, home health care, and medications. In addition, an accident victim can also claim the cost of future medical expenses anticipated from their injuries. These could include future surgeries, rehabilitation procedures or the necessity for long-term medical treatment.
It is essential that victims of accidents stay up-to-date in their treatment and communicate with their doctors. This will help them prove that their suffering is worth a dollar. Also, keeping current with treatments can help an accident victim to recover quicker, which is important in proving the validity of their pain and suffering claim.
In some instances medical bills may be so expensive that they exceed the total settlement of a plaintiff. A lien reduction attorney can help negotiate the outstanding medical bills so that the victim receives more money.
Non-economic damage claims are equally important as the amount in dollars of an injured person's medical bills. These damages could include emotional distress and loss of enjoyment. These damages are difficult to quantify but can still be compensated. If you're pursuing a claim based on personal injury, it is important to work closely with an injury lawyer to ensure that all of your losses are taken into consideration.
Pain and suffering
Personal injury claims cover damages for physical pain and mental suffering. It may also cover other damages, such as loss of enjoyment of life. Pain and suffering is among the most subjective kinds of damages, and is difficult to prove and quantify. It is still an important part of a personal injuries claim.
In most personal injury claims, the plaintiff can recover both non-economic and economic compensatory damage. The former can be tied to tangible losses, such as medical expenses and lost wages. The latter include the loss of suffering and pain, in consortium in the form of inconvenience, out of pocket expenses and other non-monetary losses.
Non-economic damages are also referred as "pain & suffering" and are not able to be proven with receipts. They do not include a dollar amount. Therefore, it's left to the jury to determine what a fair award would be. A judge is usually reluctant to change a jury's pain and suffering award.
There are a variety of methods jurors or judges could use to calculate the value of a victim's pain and suffering. One method is the multiplier technique, which involves multiplying the 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 value for each day until the patient reaches maximum medical recovery.
If you're using the multiplier or per diem method, it is essential to provide as much documentation and evidence for your claim as possible. This includes medical records, photographs witnesses' testimony, other relevant documents. You should also keep journals that detail your injuries and the effect they have affected your life. This will help you remember the details of your case if you have to testify in depositions or in court.
If you are unable reach an agreement with the insurance company, it could be necessary for you to go to court to resolve your case. You can engage a New York attorney to handle your case for you. An experienced lawyer can manage your claim to maximize your settlement for suffering and pain.
Loss of wages
Lost wages can be a large part of the compensation injured victims receive from their personal injury claim. These are the wages they could have earned had they not been forced to miss work because of their injuries. These losses are usually temporary and reversible. In Muncie injury attorneys can be permanent or irreparable.
For most people, the easiest method to calculate lost wages is to examine the rate of their pay and multiply it by the amount of days or weeks they were absent from work. Let's say that you normally earn $25 an hour ($1,000 per weekly) and were injured in a traffic accident. You missed four weeks of work. In this case, you would lose $4,000.
Personal injury claims can be more complicated based on the severity and nature of your injury. If you are permanently disabled and unable to return to work, you could be entitled to compensation which include your future loss of earnings and advancement potential. In these situations, proving your lost earning potential is as simple as presenting evidence that you were able to take jobs in the past with the amount you could have earned.
You may also be required to provide additional documentation to prove that you lost wages. You might need to submit an official letter from your employer verifying your lost wages, as well as tax records, profit-and-loss statements invoices, receipts and invoices bank statements for business, or other correspondence regarding finance. When calculating your lost wages bonuses and commissions can also be taken into account.
In certain instances it is possible that the insurance company might cover your lost wages as a part of your no-fault claim or settlement agreement. If this is the situation it's not necessary to file a personal injury lawsuit on top of your no-fault claim.
If you've been injured in a car accident in New York, or any other type of injury, you should speak with an experienced personal injury lawyer. This will help you avoid navigating the stress of the legal procedure on your own. You can also ensure that you receive compensation for your medical bills, lost wages, pain and suffering, and other expenses.