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General Components of Injury Claim Compensation There are costs that can be printed on receipts and added up, but there are some costs that aren't always quantifiable. These damages that aren't quantifiable are covered by general compensatory damages. Special damages are the hard costs that can be calculated in clear-cut figures, such as medical bills and lost wages. Your injury claim compensation is based on these damages. Medical expenses Medical bills are typically included in settlements for personal injuries. This is particularly applicable to those who have suffered permanent or severe injuries. A person who has suffered a spinal cord injury for instance, could need multiple operations to treat secondary complications, like pressure ulcers, bowel or bladder spasticity, or bone density issues. The guidelines for valuing medical expenses in a personal injury case differ between states. However, in general, the insurance company will require evidence that these expenses were caused by the accident. This includes invoices, medical bills and proof of the treatments that were deemed to be necessary. In certain cases, an expert's testimony is needed to explain the need for specific treatment and show that these costs were related to the accident. In addition to previous medical expenses, victims may also be entitled to a payment for future medical costs. This is called special damages and is a portion of the overall settlement that is awarded to the victim. Our lawyers will work with your medical professionals to create an appropriate medically sound treatment plan for you. We will also factor in any prescription medications that are necessary for your treatment and any home or equipment modifications required to treat an injury. However, future medical expenses can be difficult to prove if you don't have evidence that the injury will have a a long-term impact on your quality of life. This is why it's crucial to work with a skilled personal injury attorney who understands the importance of accurately calculating future medical expenses. Contact PKSD today to learn more about our experience in obtaining compensation for victims of serious accidents. Loss of wages Lost wages are a component of the economic damage that comes with injury claim compensation. These losses are what you could have earned if your injuries had not prevented you from working. These losses can 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 position as before the accident. In the majority of cases, an insurance company will determine your lost wage based on the hourly rate you earn as well as the number of hours you were unable to work because of the accident. This is especially applicable to workers who are who are paid per hour. If you file a wage loss claim, it is essential to prove that your injuries really kept you from working. You must submit a doctor's letter detailing your injuries and the impact they've had on your ability to work. This can also be supported by a copy of your pay stubs or tax returns. You could also be entitled to compensation for the value of vacation or sick days you used during your recuperation. These days are typically worth the equivalent of a full day's pay. In some cases, your injury may be permanent and limit your ability to work. If your injuries are severe, you may be entitled to compensation for your loss of earning capacity. This is referred to as diminished earning capacity and it is usually calculated by a doctor. A reputable attorney can assist you determine the value of your diminished earnings capacity. They can assist you in document your injuries and income loss and then submit the documents to the insurance company to ensure that you're awarded the highest amount for your situation. Pain and suffering The damages of pain and suffering are ones that cannot be quantified in the same way as medical expenses or lost wages. It's more subjective and difficult to put a dollar value on, but it's an essential element in any personal injury case. This is because the damages covered can be considered to include damages that aren't immediately apparent, like mental and emotional pain, and anxiety. The most important factor when proving pain and suffering is credible evidence. This could include prescription records that detail the type and amount of pain medication you have taken, notes from doctors and other medical professionals regarding how the accident has affected your life, as well as images of your injuries such as broken bones, scars or other marks on your body. It is important to be honest about the pain and suffering that you've experienced and how it has affected your life. There are a couple different ways of calculating how much suffering and pain you must be compensated for. The multiplier method is one way to calculate the amount of suffering and pain you should be compensated for. You add up your economic losses and then multiply this amount by a factor ranging from 1.5-5. Per diem is another method which allows you to receive an amount of money fixed each day starting from the date the accident occurred until you have reached your maximum medical improvement. The most important thing to remember is that it is the responsibility of the jury to decide how the extent of your pain and suffering is worth. It can be difficult to establish a value in dollars on non-economic damages, and the jury could take their time in assessing the impact of your accident on your life and the quality of your life. Damages to Property Damage Depending on the degree of your injuries, it could take a long time to prepare your case for trial. Your lawyer will have to collect all your medical bills, including hospital stays, surgeries, doctor visits and physical therapy sessions, as well as prescription medication. Even if you're paying them through your health insurance or personal injury attorney, you could be able to recover these expenses in your settlement. Property damage damages are another kind of compensation that victims of accidents can receive. These awards are given to pay for any destruction or damage caused by another party's negligence. This could be damage to property, such as your car or your home or personal property such as a phone or jewellery. Damages to property claims could be part of an injury claim in general or could be the subject of their own lawsuit. General damages cover the cost of pain and suffering. Compensation damages are designed to put a victim in the same place as if their injuries never occurred. They are usually difficult to quantify, and can range from a few thousand dollars for small cases, to millions of dollars for severe injuries or disabilities. Punitive damages are designed to penalize the defendant and prevent them from repeating the same mistake in the future. They are a rare thing and are reserved for the most egregious or malicious of actions. Although they are not available in every personal injury claim it is important to assess your case and take into consideration any possible options for compensation. If you've been injured, get in touch with an New York personal injury law firm to discuss your options. Flint can assist you in filing all the necessary paperwork within the statute of limitations applicable to you. Damages for emotional distress Emotional distress is part of the umbrella of pain and suffering but is a much more subjective damage that is difficult to prove. After a serious incident victims may experience anxiety, fear and sleep loss. They might be suffering from depression, humiliation, and even anxiety. Loss of enjoyment in life is also associated with emotional distress. This can be a result of things such as a fear of driving following an accident or inability for a person to maintain a posture due to a physical injury that can cause severe headaches. The court will review the details of your case in order to determine if you are entitled to compensation for emotional distress. Your attorney can assist you in gathering the necessary documentation to support your claim. This can include medical and psychiatric reports, pictures of the scene of the accident, journal entries about how you felt following the accident, and other evidence relevant to your claim. If the incident was particularly difficult, you may also consider filing an action for intentional infliction. This is a less common form of noneconomic damages, and it requires proof that the defendant's actions were either reckless or aimed to cause mental distress as well as physical harm. These claims are valid, and are compensated in the same way as any other type of economic or physical damage. The right lawyer can make a huge difference in settling your case and obtaining the financial support that you require. If you believe that you've been injured due to negligence of another, it's crucial to consult an experienced injury lawyer.