What Is a Personal Injury Claim?
A personal injury claim is the victim suffering physical or emotional harm as a result of the negligence of another. The victim may be entitled to compensation for medical bills and pain, suffering and lost wages.
Other expenses might include travel expenses to appointments, home modifications, and care costs for permanent disabilities or impairments. Some victims may also be entitled to special damages for mental suffering.
Damages
Personal injury claims seek to recover compensation for the damages an injured party has suffered due to the negligence or other individual. A victim can recover damages for both economic and non-economic losses. The amount of compensation awarded will depend on the severity of an accident as well as the type of injuries sustained. Compensation may include expenses like medical costs and loss of earnings and may also cover damages for pain and suffering, physical impairment, as well as emotional distress. Punitive damages, which are awarded in the case of extreme recklessness, can also be sought.
In a personal injury case the compensation is divided into two categories - general damages and special damages. Special damages are the result of incurred costs and financial losses, and are typically quantifiable. Keep meticulous documents and receipts for any losses or expenses will help maximize the amount of money reimbursed by special damages. Future damages are more difficult to quantify because they are based on the severity of the injuries sustained by a victim and the long-term effects they are expected to have. Our attorneys will work with medical professionals to estimate the cost for ongoing treatment, travel expenses to and from appointments, and any modifications or equipment that may be needed due to permanent disabilities.
General damages are more subjective and comprise compensation for the victim's pain and discomfort resulting from an accident. This includes the cost of discomfort and pain in the past, and future suffering and pain depending on the severity of the injury. This is why it's important to hire a competent lawyer representing you, since they will know how to value your claim for suffering and pain and give 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 victims for the negative impact an injury can have on their ability to be in a position to enjoy the activities they used to love. Loss of emotional distress or companionship is more difficult to quantify. However, our lawyers have a wealth of experience in helping victims get the proper compensation for these kinds of damages.
Medical bills
Medical expenses can make up the largest portion of the personal injury claim, particularly when an accident leaves the victim with serious injuries. Unless the injury victim had preexisting coverage that was paid by either an insurance policy for cars or health insurance, they will be responsible for paying back the amount of the medical costs from their personal injury settlement.
The types of medical-related damages that can be claimed in a personal injury claim include any medical costs incurred by the accident victim such as hospital visits, surgeries and physical therapy, home care and medications. In addition an accident victim may also claim the cost of future medical expenses anticipated from their injuries. These expenses could include surgeries, rehabilitation treatments or the need for long term medication.
It is important that accident victims remain current with their treatment and fully communicate with their doctors. This will help prove that the suffering and pain they experience has monetary value. In addition, staying current in treatments will help the victim get better sooner and is crucial in proving the value of their claim for pain and suffering.
In certain cases, medical bills can be so substantial that they would overtake the total settlement of a plaintiff. A lien reduction lawyer will help negotiate the outstanding medical charges so that the victim can get more money.
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 more difficult to quantify, but they can still be compensated for. If you are pursuing a claim for personal injury, it's important to work closely with an attorney for injury to ensure that all of 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 living, are also covered. The pain and suffering category is one of the more subjective types of damages that are difficult to quantify and prove. However, it is an important component of a personal injury claim.
In most personal injury claims the plaintiff is able to recover both economic and noneconomic compensatory damages. The former can be linked to tangible losses, such as medical expenses and lost wages. The latter include things such as suffering and suffering as well as loss of consortium inconvenience, out of pocket expenses, and other losses that are not directly related to money.
Non-economic damages are also known as "pain & suffering" and cannot be proved by receipts. They don't have an attached dollar amount. Therefore, it is up to the jury to determine what they feel an appropriate amount would be. A judge is often reluctant to change a jury's pain and suffering award.
A judge or jury can employ a variety of methods to determine the value for suffering and pain. The multiplier method involves multiplying the actual damages by a specific number based on the severity of the injuries. The per diem method assigns a dollar amount for each day that the victim is recovering until they reach the maximum medical recovery.
If you're using the multiplier or per diem method, it is crucial that you submit as much evidence and proof for your claim as you can. Included in this are medical records, photographs, and witness testimony. It is also recommended to keep journals that detail your injuries and the impact they've had on your life. This will aid in remembering the details of your case if you have to testify in depositions or hearings.
If you are unable to reach an agreement with your insurance company, you may require a court appearance to settle your case. You can hire an attorney in New York to handle your case. A seasoned lawyer can handle your claim and maximize the amount of compensation you receive for your suffering and pain.
Lost wages
Lost wages are a large part of the compensation that injured victims receive through their personal injury claim. This is the wage they would have received if they not had to work a second shift because of their injuries. These losses are typically temporary and reversible. In certain instances, they could be permanent or irreparable.
For the majority of people, the most straightforward way to calculate lost wages is to look at the rate of their pay and multiply it by the amount of days or weeks they missed from work. Let's suppose that you earn $25 an hour ($1,000 per weekly) and you're injured in a car accident. You missed four weeks of work. In injury accident lawyers 'd lose $4,000.
The complexity of personal injury cases can rise, based on the severity and nature of your injury. For instance, if you are permanently disabled as a result of the accident and unable to return to your previous job You may be able to claim damages that could include your future loss of income and potential for promotion. In these instances the proof of your loss in earning potential is as easy as presenting evidence that you were able to take jobs in the past at the same amount that you could have earned.
You may also be required to provide additional documentation in order to prove your lost wages. You may need to submit a letter from your employer to confirm your lost wages as well as tax records, profit and loss statements invoices, receipts and invoices bank statements for business, or correspondence related to finance. When calculating your lost wages, bonuses and commissions can be considered too.
In certain instances, the other driver's insurance company could pay for your lost wages as part of your no fault claim or settlement agreement. If this is the case, you shouldn't have to file a personal injury lawsuit in addition to your no-fault claim.
If you have been injured in a car crash in New York, or any other kind of injury, you should consult an experienced personal injury lawyer. This will allow you to avoid the burden of the legal system and ensure you are compensated for medical bills and lost income, as well as pain and suffering and other losses.