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What Is a Personal Injury Claim? Personal injury claims are filed by people who have suffered physical or emotional harm as a result of the negligence of someone else. The victim could be awarded compensation for various damages, including medical bills, pain and suffering, and lost wages. Other costs could include travel appointments, home modifications and care costs for permanent impairments. Champaign injury lawyer may also be entitled to specific damages for mental distress. Damages Personal injury claims seek compensation for damages that an injured person has suffered due to the negligence of an individual or another. Victims may be compensated for both economic and other losses. The amount of compensation awarded will depend on the severity and nature of injuries sustained. Compensation can cover medical expenses as well as lost earnings, emotional distress, and pain and suffering. Punitive damages which are awarded in cases of extreme recklessness, can also be claimed. In a personal injury lawsuit, compensation is divided into two categories namely special damages and general damages. Expenses and financial losses incurred are referred to as special damages and are usually quantifiable in actual dollar amounts. Keeping meticulous records and receipts of any losses or expenses can help maximize the amount of money reimbursed through special damages. Future damages are difficult to quantify because they are based on the severity of a victim's injuries and the expected long-term impact. Our lawyers can work with medical professionals to determine the estimated costs of ongoing treatment, extra costs for travel to and from appointments and any modifications or equipment needs that will result from permanent disabilities. General damages are more subjective and include compensation for the victim's discomfort and pain resulting from an accident. This includes compensation for pain and discomfort in the past, and future suffering and pain dependent on the severity of the injury. This is why it's important to hire a competent lawyer representing you, since they'll know how to evaluate your claim for suffering and pain, and will provide accurate estimates based upon the specifics of your case. Other general damages include emotional distress, loss of companionship and loss of enjoyment. Loss of enjoyment damages compensate a victim for the negative effect that an injury has on their ability to participate in activities they previously enjoyed. Loss of emotional distress and companionship can be more difficult to quantify, but our lawyers have a wealth of experience assisting victims in establishing the proper compensation for these types of damages. Medical bills Medical expenses can constitute the majority 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 by either an insurance policy for cars or health insurance, they are accountable for the amount of medical expenses incurred from their personal injury settlement. The kind of medical-related damages that may be claimed in a personal injury case include any medical expenses for the victim such as hospital visits, surgeries and physical therapy, home health care, and medications. Additionally the victim of an accident can also claim reimbursement for future medical expenses anticipated from their injuries. These can include future surgeries, rehabilitation procedures or the necessity for long-term medical treatment. It is important that accident victims remain current in their treatment and communicate with their physicians. This will allow them to prove that their suffering is worth a dollar. Keeping current with treatments can aid in recovering quicker, which is crucial when proving the value for their pain and suffering claim. In some instances medical bills can be so high that they exceed the settlement amount of the plaintiff. A lien reduction attorney will assist in negotiating the outstanding medical bills so that the victim can get more money. Non-economic damage claims are equally important as the financial value of a person's medical bills. These damages could include emotional distress and loss of enjoyment of life. These types of damages are more difficult to quantify, but they can still be compensated for. If you're pursuing a claim based on personal injury, it is essential to work closely an injury lawyer to ensure all of your losses are taken into consideration. Pain and suffering Personal injury claims cover damages for physical pain and mental suffering. Other damages, such as the loss of enjoyment living, are also covered. The concept of pain and suffering is among the most subjective kinds of damages, and is difficult to prove and quantify. But, it is an important component of a personal injury claim. In the majority of personal injury cases, the plaintiff is able to seek economic and noneconomic compensatory damages. The former can be linked to tangible losses, like medical expenses and lost wages. The latter category includes the loss of suffering and pain, in consortium and inconvenience, out of pocket costs and other non-monetary losses. Non-economic damages are also known as “pain & suffering” and are not able to be proven with receipts. They don't have an attached dollar amount. Therefore, it is left to the jury to decide what they believe is a fair amount. A judge will often be unwilling to alter a jury's award for suffering and pain. There are several methods that jurors or judges can use to calculate the value of the suffering and pain suffered by a victim. The multiplier method involves multiplying actual damages by a particular amount based on the severity of injuries. Another option is the per diem method, which assigns a daily dollar value to each day until the patient reaches maximum medical recuperation. Whether you are using the multiplier or per diem method, it is essential that you provide as much documentation and support for your claim as you are able to. This includes medical records, photos witnesses' testimony, other relevant documents. You should also keep a journal that details your injuries as well as the impact they have had on 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 cannot reach an agreement with your insurance company, you could have to go to court to settle your case. You can engage a New York attorney to handle your case on your behalf. A seasoned lawyer will handle your claim and maximize the compensation you receive for your pain and suffering. Loss of wages Lost wages can be the largest portion of compensation injured victims receive from their personal injury claims. These are the wages they would have received if they hadn't been forced to miss work because of their injuries. These losses are often temporary and recoverable. In certain cases, however, they can be permanent and irreparable. For most people, the simplest 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 were absent from work. Let's take an example: you usually earn $25 an hour ($1,000 per week) but you were injured in a car accident that prevented you from going to work for four weeks. In this scenario, you would lose $4,000. Personal injury claims can be more complicated based on the severity and nature of the injury. For instance, if you were permanently disabled as a result of the accident and are unable to return to work you may be able to claim damages that cover the loss of future income and the possibility of promotion. In these instances you can prove your loss of earning capacity by presenting evidence of the types of jobs you might have accepted in the past, and what kind of pay these jobs could have offered. You might also have to provide additional documentation in order to prove your lost wages. You might need to submit an official letter from your employer that confirms your lost wages, along with tax records, profit-and-loss statements invoices, receipts, bank statements for business, or any correspondence regarding finance. Bonuses and commissions could also be considered when calculating your lost wages. In some instances the insurance company of the other driver could cover your lost wages in a no-fault claim. If this is the situation, you shouldn't have to file a separate personal injury lawsuit in addition to your no-fault claim. If you've been injured in a car crash in New York, or any other type of injury, you should consult an experienced personal injury lawyer. This will assist you in navigating the stress of the legal procedure on your own. You can also ensure that you get compensation for medical expenses and lost wages, as well as pain and suffering, and other expenses.