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General Components of Injury Claim Compensation There are some costs that can be printed on a receipt and then added to, and there are some costs which aren't necessarily quantifiable. General compensatory damages are used to cover these unquantifiable losses. Special damages are the costs that can be calculated in precise figures, such as medical bills and lost wages. They are the foundation of your injury claim compensation. Medical expenses Medical bills are a typical component of settlements for personal injuries, particularly for those with severe or permanent injuries. For example, a spinal cord injury victim could require multiple surgeries in order to address secondary issues like pressure sores, bowel and bladder problems spasticity (muscle and tendon jerks), and bone density issues. The rules for valuing the medical expenses incurred in a personal injury case differ from one state to another. However, in general the insurance company will need evidence that these medical expenses were due to the accident. This includes invoices, medical bills, and evidence of the treatment that were deemed to be required. In some cases, expert testimony is required to explain the necessity of specific treatments and to prove that these expenses were related to the accident. In addition to previous medical costs, injured victims could also be entitled to a reimbursement for future medical expenses. This is known as special damages and is an element of the total settlement amount paid to the victim. To prove these expenses, our attorneys will work closely with your doctors and health care providers to develop a treatment program for your injuries that are in line with medical guidelines. We will also factor in any prescription medication required for your treatment, and any home or medical equipment required to accommodate injuries. However, future medical costs aren't easy to prove without proof that the injury will have a an impact on your life quality. This is why it's crucial to partner with a reputable personal injury attorney who understands the importance of accurately estimating future medical expenses. Contact PKSD to learn more about how we have helped victims of serious accidents to receive compensation. Loss of wages Economic damages are part of the settlement for injuries. These losses are what you could have earned if your injuries hadn't prevented you from working. These losses include the cost of overtime, seasonal income and other calculable earnings you would have earned. The award for lost wages is a way to place you in the same financial situation prior to the accident. In most cases, the insurance company will calculate your lost wage by calculating the hourly rate you earn as well as the number hours you missed due to the accident. This is particularly true for workers who are paid hourly. It is crucial to prove, when you file an claim for lost wages that your injuries have prevented you from working. To do this, you should submit an official medical note detailing the extent of your injuries and how they impacted your ability to work. This can also be backed up by a copy of your pay stubs or tax returns. You could also be entitled to compensation for the value of any sick or vacation days that you took off during your recovery. These days are equivalent to one day's wage. In some cases the injury could be permanent, limiting your ability to work. If your injuries are severe you may claim compensation for the loss of your capacity to earn income. This is known as reduced earning capacity, and it is typically calculated by a medical professional. A reputable personal injury attorney can help you to determine the value you should be putting on your lower earning capacity. They can assist you in document your injuries and income loss and submit them to the insurance company to ensure you are awarded the most money possible for your situation. Suffering and pain Pain and suffering are damages which cannot be quantified in the same way as medical bills or lost wages. It is more subjective and hard to put a dollar value on, but it's essential to any personal injury case. This is because it covers the negative effects of the victim's life that are not immediately apparent for example, loss of enjoyment of life mental anguish, emotional distress, and anxiety. The most important thing in proving the existence of pain and suffering is a solid evidence. This can include prescription records that detail the types and dosages of pain medication as well as notes from doctors or other medical professionals regarding how the accident impacted your life, as well as footage of your injuries, like broken bones, scars, or other marks. It is essential to be open about the suffering and pain that you've endured and how this has negatively affected your life. There are two methods to calculate the amount of pain and suffering you are entitled to compensation for. The multiplier method is one method to calculate the amount of pain and suffering you should be compensated for. You add the economic losses you have suffered, then multiply this number by a factor ranging from 1.5-5. Per diem is another method, where you receive an amount that is fixed every day from the time your accident happened until you reach your maximum medical improvement. It is crucial to remember that the jury will decide how much pain and suffering you have suffered. It is difficult to put a dollar value on non-economic losses, therefore the jury may be slow in evaluating the effects of your accident on your life and the quality of your life. Damages to Property Damage Based on the degree of your injuries, it can take a long time to prepare your case for trial. Your lawyer must collect all of your medical bills, including hospitalizations as well as doctor visits. Hemet injury lawyers may also have to collect prescription medications, physical therapy sessions, and prescription medications. Even if you're still paying them through your health insurance the personal injury lawyer could be able to recover these expenses in your settlement. Property damage damages are another form of compensation that victims of accidents can receive. These are awarded to cover the costs of any destruction or damage caused due to the negligence of another party. This could be the destruction of property such as your vehicle or your home, or personal property, like a cellphone or jewellery. Damage claims to property can be part of a lawsuit for injury, or be their own lawsuit. While compensatory damages are meant to help a victim return into the situation they would have been in if their injuries had not been incurred general damages are designed to compensate plaintiffs for pain and suffering. These damages are hard to quantify and can range from hundreds of dollars for minor injuries to millions for severe disabilities or injuries. In the end, punitive damages penalize the defendant for their actions, and prevent them from repeating the same thing in the future. They are extremely rare and reserved for the most insidious or malicious of actions. Although they are not available in every personal injury case, it's important to evaluate your case and consider all possible possibilities for compensation. Contact a New York personal injuries law firm to discuss all your options if you've been injured. They can assist you with filing all the required paperwork within the applicable statute of limitations. Damages for emotional distress Emotional distress falls under the umbrella of pain and suffering but is a more subjective damage that is difficult to prove. After a serious accident victims may suffer from anxiety, fear and loss of sleep. They may also suffer from depression, humiliation, and even anxiety. Emotional distress is also associated with a loss of enjoyment of life. This can be a result of things such as an anxiety about driving following an accident, or the inability for a person to maintain a posture because of a physical injury causing severe headaches. The court will review the specifics of your case in order to determine if you're entitled to compensation for emotional distress. Your attorney can help you gather the required documentation to prove your claim. This could include medical and mental health records, photos of the scene of the accident, journal entries about your emotions in the wake of the accident, as well as other evidence that is relevant to your claim. If the incident was particularly painful, you may be able to file an action for intentional injury. This is a less well-known type of non-economic damages. It is necessary to prove that the defendant's actions were negligent or intended to cause mental distress as well as physical injury. These claims are valid, and are compensated in the same way as any other kind of physical or economic damage. The right lawyer on your side can be the difference to winning your case and getting the financial support you need. If you believe you've suffered injuries as a result someone else's negligence it's important that you consult with an experienced injury lawyer.