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General Components of Injury Claim Compensation There are some costs that can be printed on a receipt and added up, and there are costs which aren't necessarily quantifiable. General compensatory damages cover these non-quantifiable losses. Special damages are expenses which can be substantiated in a straightforward manner like medical expenses and lost wages. They form the basis of your injury claim compensation. Medical expenses Medical expenses are usually included in settlements for personal injuries. This is particularly true for those who have sustained permanent or serious injuries. For example, a spinal cord injury victim could require multiple surgeries to treat secondary issues like pressure sores, bowel or bladder issues, spasticity (muscle and tendon jerks), and bone density issues. The guidelines for valuing medical expenses in an injury case differ from state to state. In general, the insurance company will want evidence that these expenses were due to the accident. This could include invoices, medical bills, and evidence of the treatment which were deemed required. In some instances experts' testimony is needed to explain the need for specific treatments and prove that the costs were related to the accident. In addition to previous medical expenses, victims could also be entitled to compensation for future medical expenses. This is known as special damages and forms a part of the total settlement that is awarded to a victim. Our lawyers will collaborate with your doctors to create 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 equipment modifications required to treat an injury. It can be difficult to prove the future medical costs without evidence that the injury has a long-term effect on your living standards. It is essential to partner with a seasoned personal injury lawyer who knows how important it is to accurately calculate future medical expenses. Contact PKSD today to find out more about our experience with getting compensation for victims of serious accidents. Loss of wages Lost wages are an element of the economic damage that comes with compensation for injury claims. These losses are what your earnings would have been if you had not been injured and prevented from working. These losses can be attributed to seasonal work, overtime, and other income that you would have earned. An award for the loss of wages is meant to put you back in the financial position you were in prior to the accident. In the majority of cases, insurance companies will calculate your lost wages according to your hourly wage rate and the number hours you were unable to work due to the accident. This is especially true for workers who are paid hourly. When you file a lost wage claim, you must be able to prove that your injuries prevented you from working. You must provide an official medical note detailing your injuries and the impact they have affected your ability to work. This can also be backed up by a copy of your pay stubs or tax returns. You may also be entitled to compensation for the value of vacation or sick days you took during your recovery. These days are typically worth about the same as a day's pay. In certain cases the injury could be permanent, limiting your ability to work. If your injuries are severe, you may be able to claim compensation for the loss of earning capacity. This is referred to as a reduced earning capacity and is usually calculated by a medical professional. A reputable personal injury attorney can assist you in determining the value you should be putting on your lower earning capacity. They can assist you to gather documentation of your losses and injuries and submit them to the insurer to ensure that you're awarded the maximum amount possible for your situation. Pain 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 place a dollar amount on, yet it is 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. Evidence that is credible is the most important element in proving the existence of pain and suffering. This can include prescription records showing the type and dosages of pain medications and notes from medical professionals or other doctors regarding how the accident impacted your life, as well as photographs of your injuries, like broken bone, scars, or other evidence. It is also essential to be honest with your lawyer about the pain and suffering you have endured and how it has negatively affected your life. There are two methods to calculate the amount of suffering and pain you're entitled to compensation for. One is the multiplier technique which involves adding up your actual economic losses and then multiply that number by a number between 1.5-5. Another option is the per diem method where you are paid a set amount of money every day starting from the time of your accident until you have reached the maximum level of medical improvement. It is important to remember that the jury will determine the amount of pain and suffering you have endured. It is often difficult to establish an amount of money on this type of non-economic injury, therefore the jury will take their time to consider the impact your accident has had on you and your life quality. 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 medical expenses that include hospital stays and surgeries, doctor visits, physical therapy sessions and prescription medication. Even if you're still paying them through your health insurance, your personal injury attorney could be in a position to recover these costs in your settlement. Damages for property damage are another type of compensation available to accident victims. These awards are made to pay for any destruction or damage caused by another party's negligence. This could include damage to property, such as your car or your home, or personal property, like a cellphone or jewellery. Damages to property claims could be part of an injury claim or be their own lawsuit. General damages are a way to compensate for suffering and pain. Compensatory damages are meant to put the victim in the same place as if the injuries never occurred. These damages are difficult to quantify and can range anywhere from a few hundred dollars for minor injuries to millions for severe injuries or disabilities. In the end, punitive damages penalize the defendant for their actions and discourage them from doing the exact same thing in the future. They are not common and are usually reserved for the most shady or obscene behavior. Although they're not an option in every personal injury case, it's crucial to take into consideration all kinds of compensation you may be awarded when evaluating your case. Contact a New York personal injuries law firm to discuss all your options if you've been injured. They can help you file all the necessary paperwork within the time frame of the applicable statute of limitations. Damages for emotional distress Emotional distress falls under the umbrella of suffering and pain but is a much more subjective form of damage that is difficult to prove. Victims can suffer from anxiety or fear, sleep loss, depression and embarrassment following a serious accident. A loss of pleasure in life is also a result of with emotional distress. Southfield injury lawyer You Tube can include things such as the fear of driving after a car crash or the inability to hold a certain position because of a physical injury that causes 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 support your claim. This could include medical and mental health records, photos of the scene of the accident, journal entries detailing your feelings after the accident and other evidence that pertains to your claim. If the incident was particularly painful it is possible to file a separate claim for intentional infliction of emotional distress. This is a lesser-known form of noneconomic damages, and it requires evidence that the defendant's actions were reckless or aimed to cause you mental suffering and physical harm. Although there is some doubt about these types of claims, they are usually legitimate and are compensated in the same way as other types of economic or physical damage. A good lawyer can make a an enormous difference in winning your case and getting the financial assistance you need. If you believe you've been injured because of negligence of another, it's crucial that you consult with an experienced injury lawyer.