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General Components of Injury Claim Compensation There are some costs that can be printed on receipts and added up, but there are expenses that aren't always quantifiable. These unquantifiable damages are covered by general compensatory damages. Special damages are the costs that can be quantified in a clear way for medical expenses and lost wages. They form the basis of your injury claim's compensation. Medical expenses Medical bills are a common element of settlements for personal injuries, particularly for those suffering from severe or permanent injuries. For instance, a spine cord injury victim may require multiple surgeries in order to address other complications, such as pressure sores, bowel and bladder issues spasticity (muscle and tendon jerks) and bone density issues. The rules for valuing medical expenses incurred in a personal injury situation differ from state to state. In general, insurance companies will require proof that medical expenses were incurred because of the incident. This can include medical bills, invoices and proof of the treatments that were considered to be necessary. In some instances, an expert's testimony is needed to explain the need for specific treatment and to prove that these expenses were related to the accident. In addition to previous medical costs, injured victims may also be entitled to compensation for future medical costs. This is referred to as special damages and forms a component of the financial settlement awarded to the victim. Our attorneys will work with your doctors to create a medically-sound treatment plan for you. We will also include any prescription medications needed to treat your condition and any home and medical equipment needed to accommodate injuries. However, future medical costs aren't easy to prove without proof that the injury has a a long-term impact on your quality of life. It is essential to work with an experienced personal injury lawyer who knows how important it is to accurately estimate the future medical expenses. Contact PKSD to find out more about how we've helped victims of serious accidents to receive compensation. Lost wages Economic damages are part of the settlement for injuries. These losses are the amount you could have earned if your injuries had not prevented you from working. These losses could include seasonal work, overtime, and any other income you would have earned. The award for lost wages is designed to put you in the same financial situation prior to the accident. In most instances, insurance companies calculate your lost wages by calculating your hourly pay rate as well as the number of hours you didn't work due to the accident. This is particularly applicable to workers paid hourly. It is important to prove, if you file an claim for lost wages that your injuries prevented you from working. Fayetteville injury lawyer You Tube must submit an official letter from your doctor detailing your injuries and the impact they have had on your ability to work. This can also be backed up by a copy of your pay tax returns or stubs. You may also be entitled to compensation for the value of sick or vacation days that you used during your recovery. These days are equivalent to one day's wages. In some instances your injury could be permanent, limiting your ability to work. 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 is typically calculated by a medical professional. An experienced attorney can help you determine the value of your decreased earnings capacity. They can help you gather the evidence of your injuries as well as lost income and then send it to the insurance company to ensure that you get the maximum amount for your case. Suffering and pain Pain and suffering are damages that cannot be quantified in the same way as medical bills or lost wages. It's subjective and difficult to quantify, however it's an essential element of any personal injuries case. This is because it covers the negative effects of the life of a victim that aren't immediately apparent for example, loss of enjoyment, mental anguish, emotional distress and anxiety. The most important factor in proving the existence of pain and suffering is evidence that is reliable. This can include prescription records that document the type and dosage of pain medication that you have taken as well as notes from doctors and other medical professionals regarding how the accident has affected your life, as well as photographs of your injuries, such as broken bones, scars or other physical marks. It is also crucial to be forthcoming with your lawyer about the suffering and pain you've endured and how it has adversely affected your life. There are two ways to determine the amount of pain and suffering you are entitled to compensation for. One is the multiplier technique which involves adding the economic losses you have suffered and then multiply that number by a factor between 1.5-5. Per diem is another option, where you receive a fixed amount of money every day from the time the accident occurred until you reach your maximum medical improvement. It is crucial to remember that the jury will decide how much suffering and pain you've suffered. It can be difficult to put an amount of money on this kind of non-economic injury, therefore the jury will be able to take their time in evaluating the impact your accident has caused you and your quality of life. Damages for Property Damage It could take a while to prepare for trial, depending on the extent of your injury. Your lawyer must pay all medical bills, including hospital stays or surgeries, doctor's visits and physical therapy sessions, as well as prescription medication. Even if you're still paying for them through your health insurance, your personal injury attorney could be in a position to recover these costs in your settlement. Damages to property are another form of compensation that victims of accidents can receive. These awards are intended to cover the costs of any destruction or damage caused by another party's negligence. This could include damage to real property, such as your car or your home, or personal property, like jewellery or a cellphone. Property damage claims could be part of a claim for injury or be their own lawsuit. While compensatory damages are intended to put a victim back in the same position they would be in had their injuries not been incurred, general damages compensate plaintiffs for their pain and suffering. These damages are hard to quantify and can range anywhere from hundreds of dollars for minor injuries to millions of dollars for severe injuries or disabilities. Finally, punitive damages punish the defendant for their actions and deter them from doing the same thing in the future. They are a rare thing and reserved for the most insidious or shady of conduct. Although they are not available in every personal injury case it is important to assess your case and consider every possible form of compensation. If you've been injured, get in touch with a New York personal injury law firm to discuss your options. They can assist you with submitting all the required paperwork within the applicable statutes of limitations. Damages for emotional distress Emotional distress falls under the umbrella of suffering and pain but is a more subjective type of damage that can be hard to prove. After a serious accident victims may suffer from anxiety, fear and loss of sleep. They may also experience depression, humiliation, and even anxiety. The loss of enjoyment in life is also a result of with emotional stress. This could be as simple as the fear of driving after a car crash or the inability for a person to maintain a posture due to an injury that causes severe headaches. The court will review the details of your case to determine much compensation you may be entitled to for emotional stress. Your lawyer can help you gather the required documentation to prove your claim. This could include medical records and psychiatric reports, photos of accident scenes, journal entries on how you felt after the accident and other evidence pertinent to your claim. If the incident was particularly painful it is possible to make an additional claim for intentional infliction of emotional distress as well. This is a less well-known type of noneconomic damages and requires evidence that the defendant's actions were in a way that was negligent or designed to cause mental distress as well as physical harm. Although there is some doubt about these types of claims, they are generally legitimate and are paid in the same manner as other types of economic or physical damage. Having the right lawyer on your side can make all the difference when it comes to winning your case and receiving the financial assistance you require. If you think you've suffered injury as a result of someone else's negligence it is important to speak with an experienced injury lawyer.