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General Components of Injury Claim Compensation There are costs that can be printed on receipts and added up, but there are some costs that aren't necessarily quantifiable. General compensatory damages cover the unquantifiable costs. Special damages are costs that can be analyzed in a clear way, such as medical expenses and lost wages. The compensation you receive for your injury claim is determined by these damages. Medical expenses Medical bills are often included in personal injury settlements. This is particularly applicable to those who have suffered severe or permanent injuries. For example, a spinal cord injury victim could require multiple surgeries to treat secondary complications such as pressure sores, bowel and bladder problems spasticity (muscle and tendon jerks) and bone density issues. The rules for the evaluation of medical expenses in the case of personal injury vary from state to state. In general the insurance company will require proof that these medical expenses were caused by the accident. This could include medical bills, invoices and proof of the treatments that were considered to be necessary. In certain instances, expert testimony is required to justify the need for certain treatments and to prove that the expenses were linked to the accident. In addition to past medical expenses, injured victims can also seek compensation for future medical expenses. This is known as special damages. It is an element of the total financial settlement awarded to the victim. Our lawyers will work with your medical professionals to create a medically-sound treatment plan for you. We will also include any prescription medications necessary to treat you as well as any home and medical equipment needed to accommodate injuries. It can be difficult to prove future medical expenses without proof that the injury has a long-term effect on your quality of living. This is why it's important to partner with a reputable personal injury attorney who understands the importance of accurately calculating future medical expenses. Call PKSD to find out more about how we have helped victims of serious accidents receive compensation. Loss of wages Economic damages are part of the compensation for injury claims. These are the losses you could have earned had your injuries not kept you from working. These losses include overtime, seasonal income, and other measurable earnings you could have earned. A compensation for lost wages is intended to get you back in the financial situation you were in prior to the accident. In most instances, insurance companies calculate your lost wages according to your hourly wage rate and the number hours you missed because of the accident. This is particularly applicable to workers paid hourly. It is crucial to prove, when you file an claim for lost wages that your injuries affected your ability to work. You must provide a doctor's letter detailing your injuries and the effect they've caused on your ability to work. You can also provide a copy of either your tax returns or pay stubs to prove this claim. In addition, you might be able to get compensated for the value of vacation and sick days that you used while recovering from your injury. These days are equivalent to one day's salary. In certain cases your injury could be permanent which limits your ability to work. If your injuries are long-lasting you may seek compensation for the loss of your ability to earn a living. Reduced earning capacity is usually determined by a doctor. An experienced personal injury lawyer can assist you in determining the appropriate value of your reduced earning capacity. They can assist you to document your injuries and lost income and provide the documents to the insurance company to ensure that you are awarded the highest amount for your situation. Suffering and pain The pain and suffering category is a kind of damage that can't be measured in the same way as medical expenses or lost wages. You Tube is more subjective and hard to place a dollar amount on, but it's an essential element in any personal injury case. This is because it covers negative effects on the life of a victim that are not immediately apparent for example, loss of enjoyment emotional distress, mental anguish and anxiety. The most important factor when proving pain and suffering is a solid evidence. This can be evidenced by prescription records that show the type and dosages of pain medications and notes from doctors or other medical professionals regarding how the accident impacted your life, as well as photographs of your injuries, like broken bone, scars, or other evidence. It is important to be open about the suffering and pain that you have experienced and how it has affected your life. There are two different ways to determine the amount of pain and suffering you are entitled to compensation for. One method is the multiplier method where you add the actual economic losses and then multiply that number by a factor between 1.5-5. Another option is the per diem method in which you receive a set amount of money each day from the date of your accident until you achieve the maximum level of medical improvement. The most important thing to remember is that it is up to the jury to decide on how the extent of your pain and suffering is worth. It can be difficult to establish a value in dollars on non-economic damages, so the jury might be slow in evaluating the impact of your accident on your life and the quality of your life. Damages to property caused by a fire Based on the extent of your injuries it can take an extended time to prepare your case for trial. Your lawyer will have to take care of all medical expenses that include hospital stays, surgeries, doctor visits and physical therapy sessions as well as prescription drugs. Even if you're paying for them through your health insurance or personal injury attorney, you might be able to recover these expenses in your settlement. Damages to property are another type of compensation victims of accidents can receive. They are awarded to cover costs related to any destruction or damage caused by the negligence of a third party. This could include damage to real property, like your car or home or personal property such as a phone or jewellery. Property damage claims could be part of a claim for injury or even their own lawsuit. General damages are a way to compensate for pain and suffering. Compensation damages are designed to put the victim in the same position as if their injuries had never occurred. They can be difficult to quantify, and can vary from just a few thousand dollars in mild cases to millions of dollars for severe injuries or disabilities. Punitive damages are meant to punish the defendant and discourage them from repeating the same mistake in the future. They aren't common and are usually reserved for egregious or malicious behavior. Although they're not an option in every personal injury case, it's important to think about all types of compensation you could receive when assessing your case. If you've suffered an injury, call a New York personal injury law firm to discuss your options. They can help you submit all the paperwork required within the timeframes that are allowed by law. Damages for emotional distress Emotional distress is included under pain and suffering, but it is difficult to prove. Victims may experience anxiety or fear, sleep loss depression, and humiliation following an accident that has caused them to suffer. Loss of enjoyment in life is also associated with emotional stress. This can be a result of things such as a fear of driving following a car crash or the inability for a person to hold a position because of a physical injury that causes severe headaches. The court will look over the details of your case to determine much compensation you may be entitled to for emotional stress. Your attorney can assist you in gathering the necessary documentation to support your claim. This could include medical and mental health records, photos of the accident scene, 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 traumatic you may also want to file a claim for intentional infliction. This is a lesser-known type of noneconomic damages and requires evidence that the defendant's actions were reckless or aimed to cause you mental suffering as well as physical harm. These claims are legitimate, and are compensated just like any other type of physical or financial loss. A good lawyer can make a an enormous difference in settling your case and receiving the financial support that you require. If you feel you've been injured because of someone else's negligence it's important that you consult with a qualified injury lawyer.