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General Components of Injury Claim Compensation There are expenses that can be printed on a receipt and then added to, and there are some costs which aren't necessarily quantifiable. The unquantifiable damage is covered by general compensatory damages. Special damages are the hard costs that can be figured out in simple numbers, like medical bills and lost wages. The compensation you receive for your injury claim is determined by these damages. Medical expenses Medical bills are a typical part of settlements for personal injuries, particularly for those with severe or permanent injuries. A spinal cord injury victim, for example, may require multiple operations to address secondary complications, like pressure ulcers, bladder or bowel problems, spasticity, and bone density issues. The guidelines for the evaluation of medical expenses in an injury case differ from state to state. In general, the insurance company will want evidence that these medical expenses were due to the accident. This could include medical bills, invoices and proof of the treatments that were deemed to be essential. In some instances an expert's report is needed to explain the need for specific treatments and show that these costs were related to the accident. In addition to past medical expenses, victims may also be able to claim compensation for future medical expenses. This is called special damages. It is part of the total settlement amount paid to the victim. Our attorneys will work with your doctors to create an effective medical treatment plan for you. We will also include any prescription medications required for your treatment along with any equipment and home modifications required to treat an injury. It isn't easy to prove the future medical costs without proof that the injury will have a long-term effect on your quality of living. This is the reason it's essential to choose a knowledgeable personal injury lawyer who is aware of the importance of accurately calculating future medical expenses. Call PKSD today to learn more about our experiences in obtaining compensation for victims of serious accidents. Lost wages Economic damages are part of the compensation for injury claims. 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 earnings that you could have earned. The award for lost wages is a way to place you in the same financial position prior to the accident. In the majority of cases, the insurance company will calculate your lost wages by calculating the hourly rate you earn and the number of hours you were unable to work because of the accident. This is especially relevant for those who are paid hourly. It is essential to prove, when you file a claim for lost wages that your injuries affected your ability to work. You must submit an official letter from your doctor detailing your injuries and the impact they have affected your ability to work. You can also provide an image of your tax returns or pay stubs to prove this claim. Additionally, you may be able to get compensated for the value of the vacation and sick days that you took off while recovering from your injury. These days are typically worth about the same as a day's pay. In some instances the injury could be permanent which limits your ability to work. If your injuries are long-lasting, you may be entitled to compensation for your loss of earning capacity. This is referred to as a reduced earning capacity, and it is usually determined by a medical professional. A reputable attorney can help you determine the value of your diminished earnings capacity. They can assist you to gather documentation of your injuries and income loss and provide them to the insurer to ensure that you are awarded the maximum amount possible for your case. Suffering and pain The damages of pain and suffering are ones that are not quantifiable in the same way as medical bills or lost wages. It is more subjective and difficult to establish a dollar amount on, but it's a crucial part of any personal injury case. This is because it covers the negative effects of a victim's life that are not immediately apparent like loss of enjoyment of life emotional distress, mental anguish and anxiety. The most important aspect to consider in proving the existence of pain and suffering is evidence that is reliable. This could include prescription records showing the type and dosages of pain medicine and notes from medical professionals or other doctors regarding how the accident impacted your life, as well as images of your injuries like broken bone, scars, or other marks. It is also important to be honest with your lawyer about how much suffering and pain you've endured and how it adversely affected your life. There are two methods to calculate the amount of suffering and pain you are entitled to compensation for. The multiplier method is one way to determine the amount of pain and suffering you should be compensated for. You add up your economic losses, then multiply this number by a factor that ranges from 1.5-5. Per diem is another method, where you receive an amount of money fixed each day starting from the date your accident occurred until you have reached your maximum medical improvement. It is important to remember that the jury will decide the amount of pain and suffering you have endured. It is difficult to put a value in dollars on non-economic damages, and the jury might take their time in assessing the effects of your accident on your life and on the quality of your living. Damages for Property Damage Based on the degree of your injuries, it could take an extended time to prepare your case for trial. Your lawyer must collect all your medical bills that include hospital stays, surgeries, doctor visits, physical therapy sessions and prescription medication. in the know may be able recover these costs in your settlement, even if you are still paying through your health insurance. Property damage damages are another kind of compensation that accident victims can claim. They are awarded to cover costs related to any damage or destruction caused due to the negligence of another party. This can include damages to property (such as your home or vehicle) or personal property (like jewelry or a cell phone). Damages to property claims could be part of an injury claim in general or could be the object of their own lawsuit. While compensatory damages are meant to help a victim return into the position they would be in had their injuries not been incurred general damages compensate plaintiffs for their pain and suffering. These are often hard to quantify, and can range from just a few thousand dollars in mild cases to millions of dollars for severe injuries or disabilities. In the end, punitive damages penalize the defendant for their actions and discourage them from doing the same thing in the future. They are rare and are reserved for the most insidious or shady of conduct. Although they're not an option in every personal injury case, it is crucial to take into consideration all types of compensation you could receive when assessing your case. If you've been injured, contact a New York personal injury law firm to discuss your options. They can assist you with filing all the appropriate paperwork, within the applicable statute of limitations. Damages for emotional distress Emotional distress falls under the umbrella of suffering and pain but is a more subjective type of damage that is difficult to prove. Following a serious accident victims may suffer from anxiety, fear and loss of sleep. They may also suffer from humiliation, depression, and even anxiety. Loss of enjoyment in life can also be associated with emotional distress. This can be a result of things such as a fear of driving following an accident, or the inability for a person to hold a certain position because of a physical injury that causes severe headaches. The court will look into the details of your case to determine if you're entitled to compensation for emotional distress. Your lawyer can assist you gather the evidence to prove your claim. This could include medical and psychiatric records, photos of the accident scene, journal entries about your emotions following the accident, and other evidence relevant to your claim. If the incident was particularly difficult, you may be able to file an action for intentional infliction. This is a less well-known type of non-economic damage. It is necessary to prove that the defendant's actions were grossly negligent or meant to cause mental pain and physical harm. These claims are legitimate and they are paid the same as any other kind of physical or economic damage. The right lawyer on your side can be the difference to winning your case and receiving the financial support you need. If you believe that you've been injured as a result of someone else's negligence It is crucial to talk with an experienced injury lawyer.