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General Components of Injury Claim Compensation There are expenses that can be printed on receipts and added up, but there are some costs that aren't necessarily quantifiable. General compensatory damages are used to cover these non-quantifiable losses. Special damages are costs that can be quantified in a clear way like medical expenses and lost wages. Your injury claim compensation is dependent on these damages. Medical expenses Medical bills are a common part of settlements for personal injuries, particularly for those suffering from severe or permanent injuries. For instance, a spinal cord injury sufferer may require multiple surgeries to address secondary issues like pressure sores, bowel and bladder issues, 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, insurance companies will require proof that medical expenses were incurred as a result of the accident. This includes invoices, medical bills and evidence of the treatment which were deemed required. In certain cases expert testimony is required to justify the necessity of specific treatments and to show that the costs were connected to the accident. In addition to previous medical expenses, victims could also be entitled to compensation for future medical expenses. This is referred to as special damages and is a component of the settlement of financial compensation to the victim. Our lawyers will collaborate with your medical professionals to create an effective medical treatment plan for you. We will also include any prescription medications necessary for your treatment as well as any home or medical equipment needed to accommodate injuries. It is difficult to prove future medical expenses without evidence that the injury has an impact on your standard of living. This is why it's important to work with a skilled personal injury lawyer who knows the importance of accurately estimating future medical expenses. Call PKSD today to learn more about our experience with obtaining compensation for victims of serious accidents. Lost wages Economic damages are included in the settlement for injuries. These losses are the amount of earnings would have been had you not suffered an injury that prevented you from working. These losses can be attributed to the cost of overtime, seasonal work and other calculable income you could have earned. An award for the loss of wages is intended to get you back in the financial position 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 of hours you were unable to work due to the accident. This is especially true for workers who are paid by the hour. When you file a wage loss claim, you must be able to prove that your injuries really prevented you from working. You must submit an official letter from your doctor detailing your injuries and the effect they have caused on your ability to work. You can also provide an image of your tax returns or pay stubs in support of this claim. Additionally, you may be able to get compensated for the value of vacation and sick days you took off while recovering from your injury. These days are typically worth about the same as a day's pay. In some cases your injury could be permanent and limit your ability to work. If your injuries are permanent you may be entitled to compensation for your loss of earning capacity. This is referred to as diminished earning capacity, and it is typically calculated by a physician. An experienced attorney can help you determine the value of your reduced earnings capacity. They can assist you in collect evidence of your injuries and lost income and submit the documents to the insurance company to ensure you are awarded the maximum amount possible for your case. You Tube and suffering The damages of pain and suffering are ones that are not quantifiable in the same way as medical expenses 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 the damages covered include those that are not immediately visible, such as mental distress, emotional distress, and anxiety. The most important factor when proving pain and suffering is evidence that is reliable. This can be evidenced by prescription records showing the type and dosages of pain medication and notes from medical professionals or doctors about how the accident affected your life, and footage of your injuries, such a broken bones, scars, or other evidence. It is also essential to be honest with your lawyer about how much pain and suffering you have endured and how it negatively affected your life. There are several methods to determine the amount of suffering and pain you must be compensated for. The multiplier method is one way to determine the amount of suffering and pain you are entitled to compensation for. You add the economic losses you have suffered and then multiply that number by a factor that ranges from 1.5-5. Per diem is another option that provides you with an amount of money fixed every day from the time your accident occurred until you have reached your maximum medical improvement. The most important thing to remember is that it is up to the jury to decide how the amount of your suffering is worth. It is difficult to establish a value in dollars on non-economic losses, therefore the jury may take their time in assessing the impact of your accident your life and the quality of your life. Damages for property damage Based on the degree of your injuries, it can take some time to prepare your case for trial. Your lawyer will need to collect all of your medical bills, including hospital stays, surgeries and doctor visits. They may also need to collect prescription drugs, physical therapy sessions, and prescription medication. Your personal injury lawyer may be able to recover these costs in your settlement even if you're still paying for your health insurance. Damages to property are a different form of compensation that accident victims can claim. These awards are made to cover the costs of any destruction or damage caused by another party's negligence. This could include damage to property (such as your home or car) or personal property (like jewelry or a cellphone). Property damage claims might be part of an injury claim in general or could be the object of their own lawsuit. General damages compensate for pain and suffering. Compensatory damages are meant to put a victim in the same place as if their injuries never occurred. These damages are difficult to quantify and range from a few hundred dollars for minor injuries, to millions for severe disabilities or injuries. In the end, punitive damages penalize the defendant for their actions and discourage them from doing the same next time. They are rare and are typically reserved for cases of egregious or criminal conduct. While they aren't an option in every personal injury case, it's important to think about all kinds of compensation you may be awarded when assessing your case. If you've been injured, contact an New York personal injury law firm to discuss your options. They can help you file all the appropriate paperwork, within the statute of limitations applicable to you. Damages for emotional distress Emotional distress is a part of pain and suffering, but it can be difficult to prove. After a serious accident victims may feel fear, anxiety and loss of sleep. They might also experience anxiety, depression, or even anxiety. Loss of enjoyment in life is also a result of with emotional stress. This can be as simple as the fear of driving following a car accident or the inability to work because of a physical injury which causes severe headaches. The court will review the specifics of your case to determine if you are entitled to compensation for emotional distress. Your attorney can help you gather the required documentation to support your claim. This can include medical and psychiatric records photographs of the scene of the accident journal entries detailing your feelings following the accident, as well as other evidence that is relevant to your claim. If the incident was particularly painful, you may wish to pursue a separate claim for intentional infliction of emotional distress. This is a less well-known type of non-economic damage. It is necessary to prove that the defendant's actions were negligent or meant to cause mental distress as well as physical injury. While there is some skepticism about these types of claims, they are often legitimate and are compensated in the same way as any other type of physical or economic damage. The right lawyer can make an enormous difference in settling your case and obtaining the financial assistance you require. If you think you've been injured due to someone else's negligence it's important to speak with a qualified injury lawyer.