What Is a Personal Injury Claim?

Personal injury claims are filed by people who have suffered physical or emotional injury due to the negligence of another. The victim could be entitled to compensation for medical bills as well as pain, suffering and lost wages.

Other costs could include travel appointments, home modifications and the cost of care for those with permanent impairments. Certain victims could also be entitled to special damages for mental suffering.

Damages

A personal injury claim seeks compensation for the losses suffered by an injured person because of the negligence of a third party. Victims may be compensated for both economic and other losses. The amount of compensation depends on the severity and type of injuries suffered. Compensation may include expenses like medical treatment and loss of earnings, and could also include the cost of physical impairment, and emotional distress. Punitive damages, which are awarded in instances of extreme recklessness, can also be claimed.

In a personal injury case, compensation is divided into two categories: special damages and general damages. Special damages are incurred expenses and financial losses, and are typically quantifiable. Keep accurate documents and receipts for any losses or expenses can aid in maximizing the amount of money reimbursed by special damages. Future damages are harder to quantify because they depend on the extent of a victim's injuries and the expected long-term impact. Our lawyers can work with medical professionals to determine the estimated cost of ongoing treatment, the additional expenses for transportation to and from appointments, and any modifications or equipment needs that will result from permanent disabilities.

General damages are more subjective and comprise compensation for the victim's discomfort and pain resulting from an accident. This includes the compensation for past pain and discomfort and also future pain and suffering that is reasonably previsible depending on the severity of the injury. It is important to have an experienced lawyer represent you, as they can accurately assess your pain and suffering claim based on your case facts.

Other general damages include emotional distress loss of companionship, emotional distress and loss of enjoyment. You Tube of enjoyment damages compensate victims for the negative impact an injury has on them being able to enjoy activities they used to love. Loss of companionship and emotional distress can be more difficult to quantify, but our lawyers have extensive experience assisting victims in establishing the appropriate compensation for these types of damages.

Medical bills

Medical expenses can make up a significant portion of a personal injury claim, particularly when an accident leaves the victim with serious injuries. Unless the injury victim had an existing insurance policy that was covered by either an insurance policy for cars or health insurance policy, they will be accountable for the amount of medical expenses incurred from the settlement for personal injury.

The kind of medical-related damages that may be claimed in a personal injury case include any medical expenses incurred by the accident victim, including hospital visits, surgery or physical therapy, home care and medication. Victims of accidents can also claim future medical expenses that are likely to arise from their injuries. These expenses can include future operations, rehabilitation procedures or the need for long term medication.

It is vital that accident victims keep up with their treatment and fully communicate with their physicians. This will help show that the pain and suffering they are suffering from has a financial value. Being current with treatment options will help an accident victim recover faster, which is important when proving the merits of their pain and suffering claim.

In some instances, the medical bills can be so large that they would exceed a plaintiff's overall settlement. A lien reduction attorney will help negotiate the outstanding medical charges so that the victim receives more money.

Non-economic damages are as significant as the amount of medical expenses for an injured person. They can be a result of emotional distress, loss of enjoyment of life, and loss of consortium. These kinds of damages are more difficult to quantify, but can still be compensated. When pursuing a claim for personal injury, it's important to work closely with an injury lawyer to ensure that all of your losses are considered.

Suffering and pain

Personal injury claims provide compensation for physical pain and mental suffering. It can also include other damages, such as loss of enjoyment of life. Pain and suffering is among the most subjective forms of damages, and is difficult to quantify and prove. It is still an important part of a personal injuries claim.

In most personal injury lawsuits, the plaintiff can recover both economic and noneconomic compensatory damage. The former can be tied to tangible losses, such as medical expenses and lost wages. The latter includes pain and suffering, loss in consortium in the form of inconvenience, out-of-pocket expenses and other losses that are not monetary.


Damages for physical pain and mental anguish are referred to as non-economic damage and are also referred to as "pain and suffering." They aren't established by receipts and don't have a specific dollar amount attached to them. Thus, it is left to the jury determine what a fair award would be. A judge is usually unwilling to alter a jury's pain and suffering award.

There are many methods jurors or judges could employ to determine the value of the suffering and pain suffered by a victim. One option is the multiplier technique, which involves multiplying actual damages by a figure that is based on the extent of the injuries suffered by the victim. Another option is the per diem method which assigns a daily value for each day until the victim reaches 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. This includes medical records, photographs as well as witness testimony and other relevant documents. In addition you should keep a record detailing your injuries and how they have affected your life. This will aid in remembering the specifics of your case should you are required to testify at depositions or at hearings.

If you cannot reach an agreement with your insurance company, you could need to go to court to settle your case. You can engage an New York attorney to handle your case for you. An experienced lawyer will be able to handle your claim and maximize the amount of compensation you receive for your suffering and pain.

Loss of wages

Lost wages can be an important component of the settlement that injured victims receive from their personal injury claim. They are the wages they could have earned had they not been forced to work a lot because of their injuries. The majority of these losses are temporary and recoverable. In certain cases, however, they can be irreparable and last forever.

The majority of people determine their lost earnings by multiplying their wage by the number weeks or days they were away from work. Let's suppose that you earn $25 per hour ($1,000 per week) and were injured in a car accident. You missed four weeks of work. In this instance the loss of earnings would be $4,000.

Personal injury cases can become more complicated depending on the severity and nature of the injury. For instance, if you were permanently disabled in the accident and cannot return to your previous job, you might be entitled to damages that could include the loss of future income and the potential for advancement. In these situations the proof of your loss in earning potential is as simple as proving that you were able to take positions in the past for a salary you could have earned.

You might also have to provide additional documentation to prove that you lost wages. You may be required to submit 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 could be taken into consideration when calculating your lost wages.

In certain instances, the other driver's insurance company may be able to cover your lost wages as part of your no fault claim or settlement agreement. If this is the scenario, you do not be required to file a personal injury lawsuit in addition to your no-fault claim.

Get in touch with a seasoned personal injury lawyer if have been injured by an accident in the car or another injury in New York. This can assist you in dealing with the stress of the legal procedure on your own. You can also ensure that you get compensation for medical bills, lost wages, suffering and other losses.