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General Components of Injury Claim Compensation There are costs that can be printed on receipts and added up, and there are costs that aren't necessarily quantifiable. These damages that aren't quantifiable are covered by general compensatory damages. Special damages are those that can be calculated in precise figures, such as 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 injury, particularly for those with severe or permanent injuries. A victim of a spinal injury for instance, might need multiple surgeries to treat secondary complications, including pressure ulcers, bladder or bowel spasticity, or bone density issues. The rules for the evaluation of medical expenses in an injury case differ from state to state. However, in general, the insurance company will want evidence that these expenses were incurred as a result of the accident. This can include medical bills, invoices and proof of the treatments which were deemed necessary. In some cases, an expert's testimony is needed to explain the need for specific treatments and show that these costs were connected to the accident. In addition to the past medical costs, injured victims could also be entitled to a reimbursement for future medical costs. This is referred to as special damages and is component of the financial settlement awarded 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 medication that is necessary to treat your condition as well as any equipment and home modifications necessary to accommodate injuries. However, the future medical expenses aren't easy to prove without evidence that the injury will have a a long-term impact on your quality of life. It is crucial to choose a skilled personal injury lawyer who knows how important it is to accurately calculate future medical expenses. Call PKSD today to learn more about our experiences in getting compensation for victims of serious accidents. Loss of wages Lost wages are a component of the economic damages that are associated with injury claim compensation. These losses are what your earnings would have been if you had not been injured and were prevented from working. These losses could include seasonal work, overtime, and other calculable income you would have earned. The compensation for lost wages is designed to put you in the same financial position prior to the accident. In the majority of instances, insurance companies calculate your lost wages by calculating your hourly pay rate and the number of hours you didn't work due to the accident. This is especially relevant for those who are paid by the hour. When you file a wage loss claim, you must be able to prove that your injuries did keep you from working. You must submit a doctor's letter detailing your injuries and the impact they have caused on your ability to work. You can also provide a copy of either your tax returns or pay stubs to prove this claim. Additionally, you may be able to claim compensation for the value of vacation and sick days you took to recover from your injury. These days are worth the equivalent of one day's wage. In certain situations, your injuries may be permanent and hinder your ability to work in the future. If your injuries are permanent you may be entitled to compensation for your loss of earning capacity. This is known as reduced earning capacity and it is usually determined by a medical professional. A reputable attorney can help you determine the value of your decreased earnings capacity. They can assist you with gathering evidence of your injuries, as well as lost income and provide it to the insurance company in order to ensure that you receive the maximum amount for your case. Suffering and pain Pain and suffering is a kind of damage which cannot be measured in the same way as medical expenses or lost wages. It 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 the damages that are covered include those that are not immediately visible, such as emotional distress, mental pain, and anxiety. The most important aspect to consider when proving pain and suffering is a solid evidence. This can be evidenced by prescription records showing the type and dosages of pain medication and notes from medical professionals or other doctors regarding how the accident impacted your life, and footage of your injuries, like broken bone, scars, or other evidence. It is also important to be honest with your lawyer about the suffering and pain you've endured and how it adversely affected your life. There are several methods to determine the amount of suffering and pain you should be compensated for. Mount Pleasant injury attorney You Tube is the multiplier method which involves adding up your actual economic losses and then multiply the result by a factor between 1.5-5. Another option is the per diem method in which you receive a set amount of money every day starting beginning from the date of your accident until you reach the point of maximum medical improvement. The most important thing to keep in mind is that it is up to the jury to decide how much your pain and suffering is worth. It can be difficult to put an amount on non-economic damages, so the jury may take their time evaluating the impact of your accident your life and on the quality of your living. Damages to Property Damage Depending on the extent of your injuries it may take some time to prepare your case for trial. Your lawyer must take care of all your medical bills, including hospitalizations and doctor's visits. They may also have to collect prescription medication as well as physical therapy sessions and prescription medication. Even if you're still paying these expenses through your health insurance the personal injury lawyer could be in a position to recover these costs in your settlement. Damages to property are a different form of compensation available to accident victims. These awards are made to pay for any destruction or damage that is caused by a third party's negligence. This could include damage to property (such as your home or car) or personal property (like a cellphone or jewelry). Damages to property claims could be part of a larger injury claim or be the basis of their own lawsuit. While compensatory damages are meant to place a victim back in the same situation they would have been in if their injuries hadn't been incurred general damages are designed to compensate plaintiffs for their pain and suffering. These are often hard to quantify, and they can vary from just a few thousand dollars in minor cases to millions of dollars for severe injuries or disabilities. Then, punitive damages are used to punish the defendant for their actions and discourage them from doing the exact same next time. They are not common and are usually reserved for the most shady or obscene actions. While they aren't an option in every personal injury case, it is important to consider all the kinds of compensation you can 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 assist you with filing all the necessary paperwork within the statute of limitations applicable to you. Damages for emotional distress Emotional distress is included under suffering and pain, but it can be difficult to prove. Victims may experience anxiety and fear, insomnia, depression and humiliation after an accident that is serious. Loss of enjoyment in life is also a result of with emotional distress. This could be as simple as a fear of driving following a car crash or the inability for a person to maintain a posture because of a physical injury that can cause severe headaches. The court will review the specifics of your case to determine you are entitled to for emotional stress. Your lawyer can help you gather the necessary documentation to support your claim. This can include medical records and psychiatric records, photographs of accident scenes, journals entries about how you felt after the accident and other evidence that is relevant to your claim. If the incident was particularly traumatic you might consider filing an action for intentional injury. This is a less well-known type of noneconomic damages and requires proof that the defendant's actions were in a way that was negligent or designed to cause mental distress and physical harm. These claims are legitimate and are compensated in the same way as any other type of economic or physical damage. A good lawyer can make a a huge difference in winning your case and receiving the financial support that you need. If you feel that you've been injured as a result negligence of another, it's crucial to consult an experienced injury lawyer.