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General Components of Injury Claim Compensation Costs can be printed on receipts, but certain costs aren't quantifiable. General compensatory damages cover these unquantifiable losses. Special damages are the costs that can be figured out in simple numbers, like medical bills and lost wages. They are the foundation of your claim for compensation. Medical expenses Medical bills are typically included in settlements for personal injuries. This is especially applicable to those who have sustained permanent or serious injuries. For instance, a spine cord injury victim may require multiple surgeries in order to address secondary complications such as pressure sores, bowel or bladder problems spasticity (muscle and tendon jerks), and bone density issues. The rules for valuing medical expenses in a personal injury case vary from state to state. However, in general the insurance company will require evidence that these medical expenses were due to the accident. This includes invoices, medical bills and evidence of the treatment which were deemed necessary. In certain cases an expert's report is required to justify the need for specific treatments and show that these costs were connected to the accident. In addition to previous medical costs, injured victims could also be entitled to a reimbursement for future medical expenses. This is called special damages. It is an element of the total settlement amount paid to the victim. Our lawyers will collaborate with your medical professionals to create a medically-sound treatment plan for you. We will also include any prescription medication needed to treat you as well as any home and medical equipment needed to accommodate an injury. However, future medical expenses can be difficult to prove without proof that the injury will have an effect on your quality of life. It is essential to work with an experienced personal injury lawyer who understands how crucial it is to accurately estimate the cost of future medical expenses. Call PKSD to learn more about how we have helped victims of serious accidents receive compensation. Loss of wages Loss wages are a part of the economic damages that are associated with compensation for injury claims. These losses are what your earnings would be if you had not been injured and were prevented from working. These losses can be attributed to seasonal work, overtime, and other calculable income you could have earned. The award for lost wages is designed to place you in the same financial situation prior to the accident. In most cases, the insurance company will determine your lost wage by calculating the hourly rate you earn and the number of hours you were unable to work due to the accident. This is especially applicable to workers paid hourly. If you file a lost wage claim, it is important to prove that your injuries did keep you from working. You must submit an official medical note detailing your injuries and the impact they've caused on your ability to work. You may also submit the copies of your tax returns or pay stubs to support this claim. You could also be entitled to compensation for the value of any sick or vacation days that you used during your recuperation. These days are equivalent to one day's salary. In certain cases your injury could be permanent and limit your ability to work. If your injuries are severe, you may be able to claim compensation for the loss of earning capacity. 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 in document your injuries and income loss and then submit them to the insurance company to ensure you are awarded the maximum amount possible for your case. Pain and suffering Pain and suffering are damages which cannot be quantified in the same way as medical bills or lost wages. It's subjective and difficult to quantify, but it's an essential element of any personal injuries case. This is because it covers negative effects of a victim's life that aren't immediately apparent like loss of enjoyment mental anguish, emotional distress and anxiety. The most important aspect to consider in proving the existence of pain and suffering is a solid evidence. This could include prescription records that document the type and amount of pain medication that you have taken or notes from doctors and other medical professionals about how the accident affected your life, as well as photographs of your injuries, like broken bones, a scar or other marks on your body. It is also important to be honest with your lawyer about how much suffering and pain you've endured and how it has adversely affected your life. There are two ways to determine the amount of suffering and pain that you should receive compensation for. The multiplier method is a way to calculate the amount of pain and suffering you're entitled to compensation for. You add your economic losses and then multiply this amount by a factor ranging from 1.5-5. Another option is the per diem method where you are paid an amount every day from the date of your accident until you reach the point of maximum medical improvement. It is important to remember that the jury will determine how much suffering and pain you've endured. It is difficult to establish an amount on non-economic losses, therefore the jury might take their time evaluating the impact of your accident your life and the quality of your life. Damages to property caused by a fire Depending on the severity of your injuries, it may take a long time to prepare your case for trial. Your lawyer will have to pay all medical bills including hospitalizations or surgeries, doctor's visits, physical therapy sessions and prescription drugs. Even if you're still paying for them through your health insurance or personal injury attorney, you may be able to recover these expenses in your settlement. Damages to property are a different type of compensation available to accident victims. They are awarded to cover the costs of any damage or destruction caused by the negligence of a third party. This could include damage to real property (such as your home or vehicle) or personal property (like a cellphone or jewelry). Damages to property claims can be part of a lawsuit for injury, or be their own lawsuit. While compensatory damages are designed to put a victim back to the position they would be in if their injuries had not caused them to be in that position, general damages compensate plaintiffs for suffering and pain. They can be difficult to quantify, and can range from just a few thousand dollars in minor cases to millions of dollars for severe injuries or disabilities. Finally, punitive damages punish the defendant for their actions, and prevent them from doing the exact same next time. They aren't common and are usually reserved for cases of egregious or criminal actions. While they aren't an option in every personal injury case, it is important to consider all the types of compensation you could get when evaluating your case. Contact a New York personal injuries law firm to discuss all of your options if you have been injured. They can assist you with filing all the required paperwork within the applicable statute of limitations. Damages for emotional distress Emotional distress is part of the umbrella of suffering and pain but is a much more subjective form of damage that is difficult to prove. The victims can experience anxiety or fear, sleep loss depression, and humiliation following an accident that is serious. Loss of enjoyment in life can also be associated with emotional stress. This can include things such as the fear of driving after an accident, or the inability to hold a certain position due to an injury that can cause severe headaches. The court will examine the specifics of your case to determine if you're entitled to compensation for emotional distress. Your lawyer can assist in obtaining the evidence to prove your claim. youtube.com can include medical and psychiatric reports, photos of the scene of the accident journals of your emotions following the accident, and other evidence relevant to your claim. If the incident was particularly traumatic you may also want to file an action for intentional injury. This is a lesser-known form of non-economic damages. It requires proof that the defendant's actions were negligent or meant to cause mental distress as well as physical harm. Although there is some doubt about these types of claims, they are often legitimate and are compensated in the same manner as any other type of physical or economic damage. Having the right lawyer on your side can make all the difference to winning your case and receiving the financial support you need. If you believe you have been injured because of negligence by someone else it is important to speak with a seasoned injury lawyer.