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General Components of Injury Claim Compensation Costs can be printed out on receipts, but some costs are not quantifiable. General compensatory damages are used to cover the unquantifiable costs. Special damages are expenses which can be substantiated in a clear manner, such as medical expenses and lost wages. Your compensation for injury claims is determined by these damages. Medical expenses Medical bills are a common component of personal injury settlements, especially for those with severe or permanent injuries. A person who has suffered a spinal cord injury for instance, might need multiple operations to treat secondary complications, such as pressure ulcers, bladder or bowel spasticity, or bone density issues. The guidelines for how to evaluate medical expenses in a personal injury case vary from state to state. In general, insurance companies will require proof that the medical expenses were incurred due to the incident. This includes medical bills, invoices and proof of the treatments that were deemed to be necessary. In certain instances expert testimony is required to explain the need for certain treatments and to show that the expenses were linked to the accident. In addition to previous medical expenses, injured victims may also be entitled to a payment for future medical costs. This is known as special damages and is part of the total settlement of financial compensation to a victim. To prove these expenses, our lawyers will work closely with you doctors and health care providers to create a treatment plan for your injuries that is in line with medical guidelines. We will also include any prescription medication that is necessary to treat you as well as any home and medical equipment required to treat injuries. It can be difficult to prove future medical expenses without proof that the injury will have a long-term effect on your quality of living. This is why it's important to partner with a reputable personal injury lawyer who knows the importance of accurately estimating future medical expenses. Call PKSD today to learn more about our experiences in the compensation of victims of serious accidents. Lost wages Lost wages are a component of the economic damage that comes with compensation for injury claims. These losses are what you could have earned had your injuries not prevented you from working. These losses include the cost of overtime, seasonal income and other calculable earnings you would have earned. The compensation for lost wages is a way to put you in the same financial situation as before the accident. In the majority of cases, the insurance company will determine your lost wage according to the hourly rate you earn as well as the number hours you missed because of the accident. This is particularly relevant for those who are paid by the hour. It is essential to prove, if you file an claim for lost wages that your injuries have prevented you from working. To prove this, you must provide a letter from your doctor detailing the severity of your injuries and how they have impacted your ability to work. This is also backed with a copy of your pay tax returns or stubs. You may also be entitled to compensation for the value of any sick or vacation days that you used during your recovery. These days are worth the equivalent of one day's wages. In certain situations the injuries you sustain could be permanent and limit your ability to work in the future. If your injuries are permanent you may be entitled to compensation for your loss of earning capacity. The capacity to earn is typically determined by a doctor. A reputable personal injury attorney can assist you in determining the appropriate value of your lower earning capacity. They can assist you with gathering the evidence of your injuries and income loss and then provide it to the insurance company to ensure that you receive the highest amount for your case. Pain and suffering The pain and suffering category is a category of damages which cannot be measured in a way like medical expenses or lost wages. It's more subjective and difficult to place a dollar amount on, but it is an essential element in any personal injury case. This is because it covers the negative effects of the victim's life that aren't immediately obvious, such as loss of enjoyment emotional distress, mental anguish and anxiety. The most important aspect to consider to prove that you suffer from pain is a solid evidence. This can be evidenced by prescription records that detail the types and dosages of pain medication, notes from doctors or other medical professionals regarding how the accident impacted your life, as well as photographs of your injuries, such a broken bone, scars, or other marks. It is also important to be open with your lawyer about how much pain and suffering you have endured and how it has negatively affected your life. There are two ways to determine the amount of suffering you are entitled to compensation for. The multiplier method is one method to calculate the amount of suffering and pain you are entitled to compensation for. You add up your economic losses, then multiply this number by a number that ranges from 1.5-5. Another option is the per-diem method where you are paid a set amount of money each day from the date of your accident until you reach the point of maximum medical improvement. The most important thing to remember is that it is up to the jury to decide on how much your pain and suffering is worth. It can be difficult to establish an amount of money on this kind of non-economic injury, therefore the jury will take their time to consider the impact that your accident had on you and your life quality. Damages to property caused by a fire Based on the degree of your injuries, it can take an extended time to prepare your case for trial. see post must collect all your medical bills including hospitalizations or surgeries, doctor's visits and physical therapy sessions as well as prescription medication. Even if you're still paying these expenses through your health insurance, your personal injury attorney might be capable of recovering these costs in your settlement. Damages for property damage are a different form of compensation available to accident victims. These awards are intended to pay for any damage or destruction caused by another party's negligence. This could be damage to property, such as your car or home, or personal property, like jewellery or a cellphone. Property damage claims can be part of a claim for injury or be their own lawsuit. General damages compensate for suffering and pain. Compensation damages are intended to put the victim in the same place as if their injuries never occurred. They can be difficult to quantify, and can range from the small amount of a few thousand dollars for minor cases to millions of dollars for serious injuries or disabilities. Finally, punitive damages punish the defendant for their actions and deter them from doing the same similar thing again in the future. They are extremely rare and reserved for the most insidious or shady of conduct. While they aren't an option in every personal injury case, it is crucial to take into consideration all kinds of compensation you can get when assessing your case. If you've been injured, contact a New York personal injury law firm to discuss your options. They can assist you with submitting all the paperwork required within the applicable statutes of limitations. Damages for emotional distress Emotional distress is included under suffering and pain, but it can be difficult to prove. Victims can suffer from anxiety, fear, sleep loss, depression and humiliation after an accident that is serious. The emotional stress can also be associated with a loss of enjoyment of life. This could be as simple as the fear of driving after an accident or inability of a person to hold a certain position due to a physical injury causing severe headaches. The court will look over the details of your case to determine how you're entitled to for emotional distress. Your lawyer can assist you gather the evidence to prove your claim. This could include medical and mental health records photographs of the scene of the accident, journal entries detailing your feelings following the accident, and other evidence that is relevant to your claim. If the incident was particularly painful, you may also be able to file an action for intentional injury. This is a less-known form of non-economic damages. It requires proof that the defendant's actions were recklessly negligent or meant to cause you mental pain and physical harm. These claims are legitimate, and are remunerated just like any other kind of economic or physical damage. The right lawyer on your side can make all the difference to winning your case and obtaining the financial assistance you require. If you believe you've suffered injuries due to someone else's negligence it's important to speak with an experienced injury lawyer.