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General Components of Injury Claim Compensation There are expenses that can be printed on a receipt and added up, and there are expenses that aren't necessarily quantifiable. These unquantifiable damages are covered by general compensatory damages. Special damages are those that can be calculated in clear-cut numbers, like medical bills and lost wages. Your injury claim compensation is dependent on these damages. Medical expenses Medical bills are often included in settlements for personal injuries. This is especially applicable to those who have suffered severe or permanent injuries. For instance, a spinal cord injury victim could require multiple surgeries in order to address secondary complications such as pressure sores, bowel and bladder issues, spasticity (muscle and tendon jerks), and bone density issues. The rules for valuing medical expenses in a personal injury situation differ from state to state. In general the insurance company will need evidence that these medical expenses were incurred as a result of the accident. This can include invoices and medical bills and proof of the types of treatments that were deemed necessary. In certain cases, expert testimony is required to explain the need for specific treatments and prove that these expenses were related to the accident. In addition to the past medical expenses, victims may also be able to claim compensation for future medical expenses. This is known as special damages and represents an element of the total settlement amount paid to the victim. Our lawyers will work with your doctor to develop a medically-sound treatment plan for you. We will also factor in any prescription medications that are required for your treatment, as well as any home or medical equipment needed to accommodate injuries. It isn't easy to prove that future medical expenses will be incurred without proof that the injury will have a long-term effect on your standard of living. It is crucial to partner with a seasoned personal injury lawyer who understands the importance of being able to accurately estimate future medical expenses. Call PKSD today to find out more about our experience in the compensation of victims of serious accidents. Lost wages Economic damages are included in the settlement for injuries. These losses are what your earnings would have been had you not been injured and were prevented from working. These losses include the cost of overtime, seasonal income and other earnings that you could have earned. An award for your lost earnings is designed to get you back in the financial situation you were in prior to the accident. In the majority of cases, the insurance company will calculate your lost wage based on 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 application for compensation for lost wages that your injuries have caused you to be unable to work. To prove this, you need to provide a letter from your doctor detailing the severity of your injuries and how they have impacted your ability to work. This can also be backed up by a copy of your pay tax returns or stubs. Additionally, you may be eligible to receive compensation for the value of your vacation and sick days you took to recover from your injury. These days are equivalent to one day's wages. In some cases your injury could be permanent and limit your ability to work. If your injuries are long-lasting, you can seek compensation for the loss of your ability to earn a living. Reduced earning capacity is usually determined by a doctor. An experienced attorney can help you determine the value of your decreased earnings capacity. They can assist you to document your losses and injuries and submit them to the insurer to ensure that you are awarded the highest amount for your case. Suffering and pain Pain and suffering are damages that are not quantifiable in the same way as medical bills or lost wages. It's subjective and difficult to quantify, however it is a crucial element of any personal injury lawsuit. This is because the damages covered can be considered to include damages that aren't immediately apparent, such as emotional distress, mental pain, and anxiety. The most important aspect to consider when proving pain and suffering is evidence that is reliable. This could be evidence from prescription records that detail the type and amount of pain medication that you have taken or notes from doctors and other medical professionals about how the accident has had an impact on your life, and photographs of your injuries, like broken bones, a scar or other marks on your body. It is essential to be open about the pain and suffering that you have experienced and how it has affected your life. There are several ways of calculating how much pain and suffering you should be compensated for. The multiplier method is one method to calculate the amount of pain and suffering you're entitled to compensation for. You add the economic losses you have suffered, then multiply this number by a number that ranges from 1.5-5. Per diem is a different method which allows you to receive an amount of money fixed every day from the time the accident occurred until you reach your maximum medical improvement. The most important thing to remember is that it is the responsibility of the jury to decide on how the amount of your suffering is worth. It is difficult to establish a value in dollars on non-economic damages, so the jury might take their time evaluating the impact of your accident your life and on the quality of your living. Damages to property caused by a fire Based on the degree of your injuries, it may take a long time to prepare your case for trial. Your lawyer will have to take care of all medical expenses, including hospital stays, surgeries, doctor visits and physical therapy sessions, as well as prescription medication. Even if you're paying for them through your health insurance, your personal injury attorney may be able to recover these expenses in your settlement. Damages for property damage are another type of compensation that is available to accident victims. They are awarded to pay costs related to any destruction or damage caused by the negligence of a third party. This can include the destruction of property such as your car or your home, or personal property, like a cellphone or jewellery. Damages to property claims can be part of an injury claim or be their own lawsuit. While compensatory damages are designed to help a victim return into the position they would have been in had their injuries not caused them to be in that position general damages compensate plaintiffs for their pain and suffering. These are often hard to quantify, and they can vary from the small amount of a few thousand dollars for mild cases to millions of dollars for severe injuries or disabilities. Finally, punitive damages punish the defendant for their actions and deter them from repeating the same similar thing again in the future. They aren't common, and usually reserved for the most shady or obscene behavior. While they aren't an option in every personal injury case, it's crucial to take into consideration all kinds of compensation you may receive when evaluating your case. If you've been injured, contact an New York personal injury law firm to discuss your options. They can assist you in submitting all the required paperwork within the applicable statutes of limitations. Damages for emotional distress Emotional distress is part of the umbrella of pain and suffering but is a far more subjective damage that is difficult to prove. After a serious accident victims may experience anxiety, fear and loss of sleep. YouTube may also experience anxiety, depression, or even anxiety. The emotional stress can also be related to a decrease in enjoyment of life. This could be due to a fear of driving after an accident, or the inability to work due to a physical injury that triggers severe headaches. The court will look into the details of your case to determine if you're entitled to compensation for emotional distress. Your attorney can assist you in gathering the documentation necessary to support your claim. This can include medical and psychiatric records, photographs of accident scenes, journal entries about how you felt following the accident and other evidence pertinent to your claim. If the incident was particularly painful and you are in a state of emotional distress, you might want to file a separate claim for intentional infliction of emotional distress as well. This is a less common form of noneconomic damages, and requires evidence that the defendant's actions were either reckless or aimed to cause mental distress and physical harm. While there is some skepticism regarding these claims, they are often legitimate and are compensated in the same manner as any other type of economic or physical injury. A good lawyer can make a an enormous difference in settling your case and getting the financial assistance you need. If you feel you've been injured as a result negligence of another, it's crucial that you consult with an experienced injury lawyer.