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General Components of Injury Claim Compensation Costs can be printed on a receipt, but certain costs aren't quantifiable. General compensatory damages cover these unquantifiable losses. Special damages are the hard costs that can be calculated in precise figures, such as medical bills and lost wages. They form the basis of your claim for compensation. Medical expenses Medical bills are a common element of personal injury settlements, especially for those with severe or permanent injuries. For instance, a spine cord injury sufferer may require multiple surgeries to treat secondary complications such as pressure sores, bowel or bladder problems spasticity (muscle and tendon jerks), and bone density issues. The rules for valuing the medical expenses in a personal injury case differ between states. In general, insurance companies require proof that medical expenses were incurred due to the incident. This includes invoices, medical bills and proof of the treatments which were deemed essential. In certain instances expert testimony is required to justify the need for specific treatments and to show that the expenses were linked to the accident. In addition to the past medical costs, injured victims could also be entitled to a payment for future medical expenses. This is referred to as special damages. It is part of the total 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 factor in any prescription medication needed for your treatment, as well as any home or equipment modifications required to treat injuries. It is difficult to prove future medical expenses without evidence that the injury has an effect on your standard of living. It's crucial to work with an experienced personal injury lawyer who understands the importance of being able to accurately estimate the cost of 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 an element of the economic damages that are associated with compensation for injury claims. These losses are the amount you could have earned if your injuries hadn't prevented you from working. These losses could include overtime, seasonal work, and other income that you would have earned. The compensation for lost wages is designed to place you in the same financial position as before the accident. In the majority of instances, insurance companies calculate your lost wages based on your hourly pay rate and the number of hours you were unable to work due to the accident. This is particularly true for workers who are paid by the hour. It is crucial to prove, when you file an application for compensation for lost wages, that your injuries have affected your ability to work. You 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 supported with a copy pay tax returns or stubs. Additionally, you may be eligible to receive compensation for the value of vacation and sick days that you used while recovering from your injury. These days are equivalent to one day's wage. In some cases your injuries could be permanent and hinder your ability to work in the future. If your injuries are severe, you may be able to claim compensation for your loss of earning capacity. Reduced earning capacity is usually calculated by a doctor. A reputable attorney can help you determine the value of your decreased earnings capacity. They can assist you in document your injuries and lost income and then submit them to the insurance company to ensure you are awarded the maximum amount possible for your situation. Pain and suffering Pain and suffering is a type of damage which cannot be measured 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 a crucial part of any personal injury case. This is because it covers the negative effects on a victim's life that are not immediately apparent, such as loss of enjoyment emotional distress, mental anguish, and anxiety. Credible evidence is the most crucial element in proving pain and suffering. This could be evidence from prescription records that show the type and dosage of pain medication you have taken or notes from doctors and other medical professionals about how the accident has had an impact on your life, and images of your injuries like broken bones, a mark or other signs on your body. It is also essential to be honest with your lawyer about how much pain and suffering you have endured and how it negatively affected your life. There are a variety of methods of calculating the amount of pain and suffering you should be compensated for. The multiplier method is a way to calculate the amount of suffering and pain you are entitled to compensation for. You add your economic losses and then multiply this amount by a factor ranging from 1.5-5. Another is the per diem method where you are paid an amount every day starting beginning from the date of your accident until you have reached the point of maximum medical improvement. The most important thing to keep in mind is that it is up to the jury to decide how much your pain and suffering is worth. It is difficult to put an amount on non-economic damages, so the jury could take their time evaluating the effects of your accident on your life and on the quality of your living. Damages for Property Damage Depending on the degree of your injuries, it can take a long time to prepare your case for trial. Your lawyer will have to pay all medical bills, including hospital stays or surgeries, doctor's visits, physical therapy sessions and prescription medications. Your personal injury lawyer may be able to recover these expenses in your settlement even if still paying through your health insurance. Damages to property are another kind of compensation that accident victims can receive. They are awarded to pay costs related to any destruction or damage caused due to the negligence of another party. This could be the destruction of property such as your car or home or personal property like jewellery or a cellphone. Damages to property claims could be part of a larger injury claim or be the subject of their own lawsuit. General damages cover the cost of pain and suffering. Compensatory damages are meant to put the victim in the same position as if their injuries had never occurred. These damages are hard to quantify and can range anywhere from hundreds of dollars for minor injuries, to millions for serious disabilities or injuries. Then, punitive damages are used to punish the defendant for their actions, and prevent them from doing the exact same thing in the future. They are extremely rare and are reserved for the most egregious or malicious of actions. Although they are not available in every personal injury case it is important to assess your case and think about every possible form of options for compensation. If you've been injured, contact an New York personal injury law firm to discuss your options. They can assist you in filing all the appropriate paperwork, within the applicable statute of limitations. Damages for emotional distress The emotional distress of a person is part of suffering and pain, but it can be difficult to prove. After a serious incident, victims can suffer from anxiety, fear and loss of sleep. They might be suffering from depression, humiliation, and even anxiety. Emotional distress is also associated with a loss of enjoyment of life. This can be as simple as the fear of driving following an accident in the car or inability to perform a job due to an injury that causes severe headaches. The court will look over the details of your case to determine how you are entitled to for emotional distress. Your lawyer can help you gather the necessary documentation to prove your claim. This could include medical and psychiatric reports, photos of the accident scene, journal entries about your emotions after the accident and other evidence relevant to your claim. If the incident was particularly traumatic and you are in a state of emotional distress, you might want to pursue a separate claim for intentional infliction of emotional distress. This is a less well-known type of non-economic damages. It requires proof that a defendant's actions were recklessly negligent or were intended to cause you mental pain and physical harm. Although there is some doubt regarding these claims, they are often legitimate and are compensated in the same manner as any other type of economic or physical damage. A good lawyer can make a an enormous difference in settling your case and obtaining the financial support that you require. If You Tube feel that you've been injured due to someone else's negligence it's important to consult an experienced injury lawyer.