What Is a Personal Injury Claim?

Personal injury claims are filed by those who have suffered physical or emotional harm as a result of the negligence of a third party. The victim may be awarded compensation for the various damages, including medical bills, pain and suffering, and lost wages.

Other expenses could include travel costs for appointments, home modifications, and expenses for care for permanent disabilities or impairments. Certain victims could also be entitled to specific damages for mental distress.

Damages

A personal injury claim seeks to recover for the damages sustained by the injured party due to the negligence of a third party. Victims can be compensated for economic and other damages. The amount of compensation is contingent on the severity of the accident and the types of injuries sustained. Compensation can cover expenses such as medical care and loss of earnings and can also cover damages for physical impairment, and emotional distress. Punitive damages which are awarded in instances of extreme recklessness, may also be sought.

In a personal injury claim the compensation is split into two categories namely general damages and special damages. The financial losses and expenses incurred are referred to as special damages, and they are usually quantifiable in dollars. Keep meticulous documents and receipts for any expenses or losses can help to maximize the amount of money that is reimbursed through special damages. Future damages are harder to quantify since they depend on the extent of the injuries sustained by a victim and their expected long-term impact. Our lawyers can work with medical experts to determine 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 more subjective and comprise compensation for the victim's discomfort and pain that result from an accident. This includes the compensation for past pain and discomfort as well as for future suffering and pain that is reasonably anticipated depending on the severity of the injury. This is why it's crucial to hire a competent lawyer representing you, since they will know how to value your claim for suffering and pain and provide accurate estimates based upon the facts of your case.

Other damages that are general in nature include emotional distress as well as loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative impact an injury can have on their being capable of enjoying the activities that 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 proper amount of compensation for these damages.

Medical bills

Medical bills can comprise a large part of a settlement for personal injuries particularly when the victim has suffered severe injuries. If the victim of an injury is not covered by preexisting coverage paid by their car insurance or health insurance policy, they are accountable for medical expenses which were part of the personal injury settlement.

Medical-related damages include hospital visits, surgeries and physical therapy. They also include medications and home care. Midland injury lawsuits youtube.com of accidents can also claim future medical expenses that are likely to result from their injuries. These could include future surgeries, rehabilitation treatments or the necessity for long-term medications.

It is vital that victims of accidents keep up with their treatment and fully communicate with their doctors. This will show that the pain and suffering they are suffering from has a worth. Keeping current with treatments can aid in recovering quicker, which is important when proving the merits for their pain and suffering claim.

In certain instances, medical bills can be so expensive that they surpass the settlement amount of the plaintiff. If this is the case an attorney who specializes in lien reduction can help negotiate the outstanding medical debt so that more money can be deposited into the pocket of the victim of the accident.


Non-economic damages are as significant as medical expenses for an injured person. They can be a result of emotional distress and loss of enjoyment life, and loss of consortium. These types of damages are more difficult to quantify, yet they can still be compensated. It is essential to work with an experienced injury lawyer when pursuing an injury claim in order to ensure that all your losses are taken into account.

Pain and suffering

A personal injury claim covers damages related to a victim's physical pain and mental anguish. Other damages, like the loss of enjoyment of living, can be included. Pain and suffering is one of the types of damages that are subjective that are difficult to quantify and prove. However it is a crucial part of an injury claim.

In the majority of personal injury cases, the plaintiff is able to claim both economic and non-economic compensatory damages. The first category is tangible losses, such as medical costs and lost wages. The latter category includes pain and suffering, loss in consortium and inconvenience, out of pocket costs, and other non-monetary losses.

Damages for mental and physical anguish are known as non-economic damages and are also referred to as "pain and suffering." They cannot be established with receipts and do not have a fixed dollar amount associated with them. It is the jury to decide what is a fair amount to award. Judges are often reluctant to change the pain and suffering award.

There are a variety of methods jurors or judges can utilize to determine the amount of a victim's pain and suffering. The multiplier method involves multiplying the actual damages by a certain number based on the seriousness of injuries. The per method assigns a dollar amount for each day of the victim's recovery until they reach maximum medical recovery.

Whether you are using the multiplier or per-diem method, it is essential to provide as much documentation and evidence for your claim as possible. Included in this are medical records, photographs, and witness testimony. Additionally, you should keep a journal detailing your injuries and how they affected your life. This will aid in remembering the details of your case in the event that you have to testify in depositions or at hearings.

If you're unable to reach an agreement with the insurance company, it may be necessary to go to trial in order to resolve your case. You can hire an New York attorney to handle your case on your behalf. A seasoned lawyer can manage your claim to maximize your compensation for pain and suffering.

Loss of wages

Lost wages are the largest portion of settlement that injured victims receive from their personal injury lawsuit. These are the wages they could have earned if they hadn't been forced to work a lot because of their injuries. Most of the time, these losses are temporary and can be recouped. In certain cases however, they could be permanent and irreparable.

For most people, the easiest method of calculating lost wages is to examine their pay rate and multiply it by the number of days or weeks they were absent from work. For instance, let's say you normally make $25 per hour ($1,000 per week) but you were injured in a car accident that kept you out of work for four weeks. In this instance, you would lose $4,000.

Personal injury claims can become more complicated based on the severity and nature of the injury. For instance, if permanently disabled by the accident and unable to return to work, you might be eligible for damages that could include your future loss of income and potential for promotion. In these instances you can demonstrate your income loss by presenting evidence of the types of jobs you may have taken on in the past, and what kind of salary those jobs might have earned.

You may also be required to provide other documents to prove your lost wages. This could include a letter of verification from your employer, tax records, profit and loss statements, receipts or invoices, business bank accounts, or finance-related correspondence. Bonuses and commissions may be included in the calculation of your lost wages.

In some cases the insurance company of the other driver may cover your lost wages in a no-fault lawsuit. If this is the situation you shouldn't need to file a personal injury lawsuit in addition to your no-fault lawsuit.

Contact a seasoned personal injury lawyer if you have been injured by a car accident or other injuries in New York. This can aid you in dealing with the stress of the legal procedure on your own. You can also ensure that you get compensation for medical bills as well as lost wages, pain and suffering, and other expenses.