What Is a Personal Injury Claim?

Personal injury claims are filed by those who have suffered emotional or physical 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 expenses might include travel costs to appointments and home modifications as well as expenses for care for permanent disabilities or impairments. Some victims may also be able to claim special damages for mental pain.

Damages

A personal injury claim seeks to recover for damages suffered by an injured party due to the negligence of another individual. A victim may be able to recover damages for both economic and non-economic losses. The amount of compensation depends on the severity and nature of injuries sustained. Seattle injury lawyers can cover medical expenses loss of earnings, emotional distress, and suffering and pain. Punitive damages which are awarded in cases of extreme recklessness, may also be claimed.

The kinds of compensation available in personal injury cases fall into two categories: special and general damages. Expenses and financial losses incurred are known as special damages, and are typically quantifiable in real dollars. Keeping accurate records and receipts of any losses or expenses will aid in maximizing the amount of money that is reimbursed through special damages. Future damages aren't always easy to estimate due to the fact that they are contingent on the extent of the injury as well as its expected long-term effects. Our attorneys will work with medical experts in order to estimate the cost for ongoing treatment, travel costs to and from appointments and any equipment or modifications that may be required due to permanent disabilities.

General damages are typically more subjective, and include compensation for a victim's suffering and pain 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. It is crucial to have an experienced lawyer represent you, as they can accurately assess your claim for pain and suffering based on your case facts.

Other damages that are general in nature include emotional distress loss of companionship, emotional distress and loss of enjoyment. Loss of enjoyment damages compensate victims for the negative effect an injury can have on their ability to be in a position to enjoy the activities they used to love. Loss of emotional distress and companionship can be more difficult to quantify, but our lawyers have extensive experience in helping victims establish the right amount of compensation for these kinds of damages.

Medical bills

Medical expenses can make up an important element of the personal injury claim, particularly if an accident results in serious injuries. If the injured party did not have an existing insurance policy that was covered through an insurance policy for cars or health insurance policy, they'll be responsible for paying back the amount of medical expenses from their personal injury settlement.

The kind of medical-related damages that may be claimed in a personal injury case include any medical expenses that the victim of the accident has to pay, including hospital visits, surgeries or physical therapy, home care and medications. Accident victims may also be able to claim future medical expenses likely to result from their injuries. These costs could include future surgery, 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 allow them to prove that their suffering is worth a dollar. Being current with treatment options will help an accident victim recover quicker, which is important when proving the merits of their claim for pain and suffering.

In certain instances medical bills may be so high that they exceed the total settlement of the plaintiff. If this is the situation an attorney who specializes in lien reduction can assist in negotiating the medical debt to ensure that more money can be put into the pocket of the victim of the accident.

Non-economic damages can be as important as the amount of medical bills for an injured person. These damages could include emotional stress and a loss of enjoyment. These kinds of damages are more difficult to quantify, but can still be compensated. If you are pursuing a claim for personal injury, it is important to work closely with an attorney for injury to ensure that all of your losses are considered.

Suffering and pain


Personal injury claims provide compensation for physical pain and mental suffering. Other damages, such as the loss of enjoyment living, may be covered. Pain and suffering is among the most subjective forms of damages and can be difficult to quantify and prove. It's still an important component of a personal injury claim.

In the majority of personal injury cases the plaintiff has the ability to recover economic and noneconomic compensatory damages. The first category is tangible losses, such as medical costs and lost wages. The latter category includes suffering and suffering, loss in consortium and inconvenience, out of pocket costs and other losses that are not monetary.

Damages for mental and physical pain are referred to as non-economic damages and are referred to as "pain and suffering." They aren't established by receipts and don't have a set dollar amount associated with them. It is up to the jury to decide what they think an appropriate amount should be. A judge is usually unwilling to alter the jury's pain and suffering award.

A judge or jury may employ a variety of methods to determine the amount of suffering and pain. The multiplier method involves multiplying actual damages by a particular number based on the seriousness of injuries. The per diem method assigns a dollar amount to each day that the victim is recovering until they reach their maximum medical recovery.

It is important to provide 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 journal detailing your injuries and how they impacted your life. This can help you recall the details of your case in the event that you are required to give evidence in depositions or hearings.

If you cannot reach an agreement with your insurance company, you may need to go to court to settle your case. You can engage an New York attorney to handle your case on your behalf. A seasoned lawyer will handle your claim and maximize the amount of compensation you receive for your suffering and pain.

Lost wages

The amount of compensation that victims receive for their personal injury claims can comprise a substantial amount of lost wages. 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 reversible. In some cases they can be permanent or irreparable.

For most people, the most straightforward way to calculate lost wages is to examine their pay rate and multiply it by the number of days or weeks they missed from work. Let's suppose that you earn $25 an hour ($1,000 per weekly) 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 claims can be more complicated based on the severity and nature of your injury. For instance, if permanently disabled in the accident and unable to return to work you may be able to claim damages that include the loss of future income and the possibility of promotion. In these instances, proving your lost earning potential is as easy as proving that you were able to accept jobs in the past with a salary you could have earned.

You may also need to provide other documents to prove your lost wages. You may be required to provide 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 other correspondence regarding finance. When calculating your lost wages, bonuses and commissions can also be taken into account.

In certain cases, the insurance company of the other driver may cover your lost wages in an no-fault claim. If this is the scenario, you do not be required to file a personal injury lawsuit in addition to your no-fault claim.

Consult an experienced personal injury lawyer if have been injured by an accident in the car or another injury in New York. This will allow you to avoid the burden of the legal system and ensure that you receive compensation for medical expenses, lost income, pain and suffering, and other losses.