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General Components of Injury Claim Compensation There are costs that can be printed on a receipt and then added to, and there are expenses that aren't always quantifiable. These damages that aren't quantifiable are covered by general compensatory damages. Special damages are the costs that can be calculated in clear-cut numbers, like medical bills and lost wages. They form the basis of your claim for compensation. Medical expenses Medical bills are often included in settlements for personal injuries. This is particularly relevant for those who've sustained permanent or serious injuries. A spinal cord injury victim for instance, might need multiple operations to treat secondary complications, such as pressure ulcers, bladder or bowel spasticity, or bone density issues. The rules for the evaluation of medical expenses in a personal injury case vary from state to state. But in general the insurance company will require proof that these medical expenses were caused by the accident. This could include invoices, medical bills, and proof of the treatments which were deemed required. In certain cases, expert testimony is required to explain the need for specific treatments and to show that these expenses were related to the accident. In addition to past medical expenses, victims can also seek compensation for future medical expenses. This is referred to as special damages and is a component of the settlement that is awarded to a victim. Our lawyers will work with your medical professionals to create an appropriate medically sound treatment plan for you. We will also include any prescription medication that is required to treat your condition and any home and medical equipment needed to accommodate an injury. It isn't easy to prove that future medical expenses will be incurred without proof that the injury will have a long-term effect on your standard of living. This is why it's crucial to choose a knowledgeable personal injury lawyer who knows the importance of accurately estimating future medical expenses. Contact PKSD today to find out more about our experience with the compensation of victims of serious accidents. Lost wages Lost wages are an element of the economic damages that are associated with compensation for injury claims. These losses are the amount of earnings would be if you had not been injured and were prevented from working. These losses include work-related overtime, seasonal income and other earnings that you could have earned. An award for the loss of wages is intended to put you back in the financial situation you were in prior to the accident. In most cases, insurance companies will calculate your lost wages according to your hourly wage rate as well as the number of hours you missed because of the accident. This is especially applicable to workers paid by the hour. It is important to prove, if you file an claim for lost wages that your injuries caused you to be unable to work. You must provide an official letter from your doctor detailing your injuries and the effect they've caused on your ability to work. This is also backed by a copy of your pay tax returns or stubs. Additionally, you may be able to get compensated for the value of the vacation and sick days you took to recover from your injury. These days are equivalent to one day's salary. In some cases the injuries you sustain could be permanent and restrict your ability to work in the future. If your injuries are long-lasting, you may be able to claim compensation for your loss of earning capacity. The capacity to earn is typically calculated by a doctor. An experienced attorney can help you determine the value of your diminished earnings capacity. They can assist you with gathering the evidence of your injuries and lost income, and provide it to the insurance company to ensure that you receive the maximum amount in your case. Pain and suffering Pain and suffering is a type of damage that can't be measured in the same way as medical expenses or lost wages. It's subjective and difficult to quantify, yet it's an essential element of any personal injuries case. This is because it covers the negative impacts on a victim's life that are not immediately apparent like loss of enjoyment of life, mental anguish, emotional distress and anxiety. The most important thing when proving pain and suffering is a solid evidence. This can be evidenced by prescription records that show the type and dosages of pain medicine, notes from medical professionals or other doctors on how the accident affected your life, as well as images of your injuries like broken bone, scars or other marks. It is essential to be open about the suffering and pain that you've endured and how this has negatively affected your life. There are two ways to calculate the amount of suffering you are entitled to compensation for. One method is the multiplier method which involves adding the economic losses you have suffered and then multiply the result by a factor of 1.5-5. Per diem is another method, where you receive an amount that is fixed every day from the date your accident occurred until you have reached your maximum medical improvement. Avondale injury attorneys is important to remember that the jury will determine how much pain and suffering you have suffered. It can be difficult to determine an amount on non-economic damages, and the jury might take their time in assessing the effects of your accident on your life and the quality of your life. Damages to Property Damage It could take a while to prepare for trial, depending on the degree of your injury. Your lawyer will need to collect all your medical bills including hospitalizations and surgeries, doctor visits and physical therapy sessions as well as prescription medications. Even if you're paying them through your health insurance the personal injury lawyer could be in a position to recover these costs in your settlement. Damages to property are another type of compensation that is available to accident victims. They are awarded to cover costs related to any damage or destruction caused by the negligence of a third party. This could include damage to property (such as your home or car) or personal property (like jewelry or a cellphone). Damage claims to property could be part of an injury claim or even their own lawsuit. While compensatory damages are designed to help a victim return into the situation they would have been in if their injuries had not been incurred general damages are designed to compensate plaintiffs for suffering and pain. These damages are difficult to quantify and can range anywhere from just a few hundred dollars for minor injuries to millions of dollars for severe injuries or disabilities. Punitive damages are intended to penalize the defendant and deter them from repeating the same mistake in the future. They aren't common and are typically reserved for egregious or malicious behavior. Although they're not a viable option in every personal injury case, it is important to consider all the kinds of compensation you can 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 assist you in filing all the required paperwork within the applicable statute of limitations. Damages for emotional distress Emotional distress is included under suffering and pain, however it is difficult to prove. Following a serious accident the victims may feel fear, anxiety and loss of sleep. They might also experience anxiety, depression, or even anxiety. Emotional distress is also related to a decrease in enjoyment of life. This can be as simple as the fear of driving following an accident, or the inability to perform a job due to a physical injury that causes severe headaches. The court will examine the details of your case to determine how much compensation you may be entitled to for emotional distress. Your attorney can help you gather the required documentation to support your claim. This could include medical and psychiatric records photographs of the scene of the accident journal entries about your emotions in the wake of the accident, and other evidence relevant to your claim. If the incident was particularly traumatic it is possible to make an additional claim for intentional infliction emotional distress as well. This is a less well-known type of noneconomic damages and it requires proof that the defendant's actions were in a way that was negligent or designed to cause you mental suffering as well as physical harm. While there is some skepticism about these types of claims, they are generally legitimate and are repaid in the same way as other types of economic or physical injury. A good lawyer can make a an enormous difference in settling your case and receiving the financial assistance you need. If you believe that you've been hurt because of someone else's negligence, it's important to consult an experienced injury lawyer.