What Is a Personal Injury Claim?

A personal injury claim is the victim suffering emotional or physical harm as a result of the negligence of another. The victim may be awarded compensation for the various damages, including medical bills and pain and suffering and lost wages.

Other expenses could include travel expenses to appointments, home modifications, and the cost of care for permanent disabilities or impairments. Some victims may also be entitled to specific damages for mental distress.

Damages

A personal injury claim seeks compensation for damages suffered by an injured party because of the negligence of a third party. Victims are entitled to compensation for both economic and non-economic damages. The amount of compensation awarded will depend on the severity of an accident as well as the type of injuries sustained. Compensation may cover medical expenses, lost earnings, emotional distress and pain and suffering. Punitive damages which are awarded in cases of extreme recklessness, can also be sought.

In a personal injury claim the compensation is divided into two categories: special damages and general damages. The financial losses and expenses incurred are referred to as special damages, and they are usually quantifiable in dollar amounts. Keep complete records of all costs or losses to increase the amount reimbursed by special damages. Future damages are difficult to quantify, as they depend on the extent of the injuries sustained by a victim and the long-term effects they are expected to have. Our lawyers can work with medical experts to establish the estimated costs of ongoing treatment, the additional expenses for travel to and from appointments and any other modifications or equipment needs that will result from permanent disabilities.

General damages are usually more subjective and can include compensation for the victim's pain and suffering due to an accident. This includes the compensation for discomfort and pain in the past, as well future suffering and pain depending on the severity of the injury. This is why it's important to have a skilled attorney representing you, as they will know how to value your claim for suffering and pain and give accurate estimates based on the specifics of your case.

Other forms of general damages include loss of enjoyment, loss of companionship, and emotional distress. Loss of enjoyment damages compensate the victim for the negative effect an injury can have on their ability to participate in activities they previously enjoyed. Loss of emotional distress and companionship may be more difficult to quantify, but our lawyers have extensive experience helping victims to determine the proper compensation for these kinds of damages.

Medical bills

Medical bills can comprise an important portion of a settlement for personal injuries, especially when the victim has suffered severe injuries. If the injured party did not have an existing insurance policy that was covered through a car insurance policy or health insurance, they'll be responsible for paying back 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 that the victim of the accident has to pay such as hospital visits, surgeries and physical therapy, home care and medication. In addition, an accident victim can also claim the cost of future anticipated medical expenses resulting from their injuries. These can include future surgeries, rehabilitation procedures, 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 them prove that their suffering has a monetary worth. In addition, staying current with treatment options will help the victim to recover quicker which is essential in proving the merits of their claim for pain and suffering.

In some cases medical bills can be so high that they surpass the total settlement of a plaintiff. If this is the situation the lien reduction lawyer can help negotiate the medical debt to ensure that more money is put into the pockets of the victim.

Non-economic losses can be as significant as the amount of medical bills for a person who has been injured. my website could include emotional stress and a loss of enjoyment of living. These damages are difficult to quantify, but they can be compensated. It is crucial to consult with an experienced injury lawyer when you pursue a personal injury claim to ensure that all of your losses are taken into consideration.

Pain and suffering

A personal injury claim covers the costs incurred by the physical pain and mental stress. Other damages, such as the loss of enjoyment of living, can be included. Pain and suffering is one of the types of damages that are subjective which can be difficult to quantify and prove. However, it is an important part of a personal injury claim.

In most personal injury cases the plaintiff is able to seek economic and noneconomic compensatory damages. The former are based on tangible losses, like medical expenses and lost wages. The latter category includes the loss of suffering and pain, in consortium in the form of inconvenience, out-of-pocket costs, and other non-monetary losses.


Damages for mental and physical pain are known as non-economic damages and are also referred to as "pain and suffering." They cannot be proven by receipts and don't have a set dollar amount that is attached to them. Therefore, it's left to the jury to determine what a fair award would be. A judge is usually unwilling to alter the pain and suffering award.

A judge or jury may employ a variety of methods to determine the amount for suffering and pain. The multiplier method involves multiplying actual damages by a certain amount based on the severity of the injuries. Another method is the per diem method, which gives a daily amount to each day until the victim has reached maximum medical recovery.

It is crucial to have as much documentation as is possible regardless of whether you are using the multiplier method or the per-diem method. Included in this are medical documents, photographs and witness testimony. Additionally, you should keep a diary detailing your injuries and how they have impacted your life. This will aid in remembering the details of your case in the event that you have to testify at depositions or hearings.

If you're unable to reach an agreement with your insurance company, you could have to go to court to resolve your case. You can hire an New York attorney to handle your case for you. An experienced lawyer will handle your claim and maximize the amount of compensation you receive for your suffering and pain.

Lost wages

The compensation that injured victims receive for their personal injury claims can include a significant amount of lost wages. This is the amount they would have received had they not been forced to miss their job due to their injuries. Most of the time, these losses are temporary and can be recouped. In certain cases, they may be irreparable or permanent.

For the majority of people, the simplest method of calculating lost wages is to look at their pay rate and multiply it by the amount of days or weeks they were absent from work. Let's take an example: you normally make $25 per hour ($1,000 per week) and you were injured in a car crash which kept you out of work for four weeks. In this scenario, your lost earnings would be $4,000.

The complexities of personal injury cases can increase, based on the severity and nature of your injury. For instance, if permanently disabled in the accident and cannot return to work you may be able to claim damages that include the loss of future income and potential for promotion. In these instances you can prove your lost earning capacity by presenting evidence of the types of jobs you may have accepted in the past and what type of salary those jobs might have paid.

You may also have to provide other documents to prove that you have lost wages. This might include a wage verification letter from your employer tax records, profit and loss statements, invoices or receipts as well as business bank accounts or finance-related correspondence. Bonuses and commissions can be taken into consideration when calculating your lost wages.

In some instances, the other driver's insurance company may be able to cover your wages lost as a part of your no fault claim or settlement agreement. If this is the situation you shouldn't need to file an additional personal injury lawsuit on top of 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 help you avoid navigating the stress of the legal procedure on your own. You can also ensure that you are compensated for your medical bills, lost wages, suffering and other expenses.