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General Components of Injury Claim Compensation Costs can be printed out on a receipt, but some costs are not 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 compensation for injury claims is determined by these damages. Medical expenses Medical bills are a typical component 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 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 the medical expenses incurred were due to the accident. This includes medical bills, invoices and proof of the treatments that were deemed to be required. In certain cases, expert testimony is required to justify the need for specific treatments and to show that these expenses were related to the accident. In addition to previous medical expenses, injured victims could also be entitled to a reimbursement for future medical expenses. This is referred to as special damages and is part of the total financial settlement awarded to a victim. Our attorneys will work with your doctor to develop an appropriate medically sound treatment plan for you. We will also factor in any prescription medication necessary for your treatment and any home or medical equipment needed to accommodate injuries. However, the future medical expenses aren't easy to prove without proof that the injury will have a an effect on your quality of life. This is the reason it's essential to work with a skilled personal injury lawyer who knows the importance of accurately estimating future medical expenses. Contact PKSD to learn more about how we have helped victims of serious accidents receive compensation. Loss of wages Economic damages are part of the compensation for injury claims. These losses are the amount of earnings would have been if you had not been injured and prevented from working. These losses include the cost of overtime, seasonal income and other earnings that you would have earned. An award for your lost wages is intended to get you back in the financial position you were in prior to the accident. In most cases, the insurance company will calculate your lost wages according to the hourly rate you earn and the number hours you missed because of the accident. This is particularly applicable to workers paid by the hour. It is essential to prove, when you file an claim for lost wages that your injuries prevented you from working. To do this, you need to provide an official medical note detailing the severity of your injuries and how they have affected your ability to work. You may also submit the copies of your tax returns or pay stubs to prove this claim. You may also be entitled to compensation for the value of any vacation or sick days you took during your recuperation. These days usually amount to about the same as a day's pay. In some cases the injuries you sustain could be permanent and limit your ability to work in the future. If your injuries are severe, you can claim compensation for your loss of earning capacity. This is known as reduced earning capacity and it is usually calculated by a medical professional. An experienced attorney can help you determine the value of your decreased earnings capacity. They can assist you in collect evidence of your injuries and lost income and submit the documents to the insurance company to ensure that you're awarded the most money possible for your situation. Pain and suffering Pain and suffering are damages which cannot be quantified in the same way as medical bills or lost wages. It is more subjective and hard to establish a dollar amount on, yet it is an essential element in any personal injury case. This is because the damages that are covered can be considered to include damages that aren't immediately apparent, such as mental and emotional pain and anxiety. The most important factor in proving the existence of pain and suffering is a solid evidence. This can include prescription records showing the type and dosages of pain medications as well as notes from medical professionals or doctors about how the accident affected your life, as well as photographs of your injuries, like broken bones, scars, or other evidence. It is also essential to be open with your lawyer about how much suffering and pain you've endured and how it has negatively affected your life. There are a couple different methods of calculating the amount of suffering and pain you must be compensated for. The multiplier method is one method to calculate the amount of pain and suffering you should be compensated for. You add your economic losses and then multiply this amount by a factor that ranges from 1.5-5. Per diem is another method which allows you to receive a fixed amount of money every day from the date the accident occurred until you have reached your maximum medical improvement. It is important to remember that the jury will decide how much suffering and pain you've suffered. It is difficult to establish a value in dollars on non-economic damages, and the jury may take their time evaluating the impact of your accident your life and the quality of your life. Damages for Property Damage It can take a while to prepare for trial depending on the degree of your injury. Your lawyer will have to take care of all your medical bills including hospital stays as well as doctor visits. They may also have to collect prescription medication as well as physical therapy sessions and prescription medication. Your personal injury lawyer might be able to recover these costs in your settlement, even if you are still paying for your health insurance. Property damage damages are another type of compensation accident victims can receive. They are awarded to pay expenses resulting from any destruction or damage caused due to the negligence of another party. This can include damages to real property (such as your home or car) or personal property (like jewelry or a cellphone). Property damage claims might be part of an injury claim in general or be the object of their own lawsuit. General damages compensate for suffering and pain. Compensation damages are designed to put the victim in the same situation as if their injuries had never occurred. They can be difficult to quantify, and they can range from a few thousand dollars for small cases, to millions of dollars for serious injuries or disabilities. Then, punitive damages are used to punish the defendant for their actions, and prevent them from repeating the same thing in the future. They are extremely rare and reserved for the most outrageous or malicious of conduct. Although they're not an option in every personal injury case, it is important to consider all the types of compensation you could get when evaluating your case. If you've been injured, get in touch with an New York personal injury law firm to discuss your options. They can help you submit all the paperwork required within the timeframes that are allowed by law. Damages for emotional distress Emotional distress is part of the category of suffering and pain but is a much more subjective damage that is difficult to prove. Victims can suffer from anxiety or fear, sleep loss, depression and humiliation after an accident that has caused them to suffer. Emotional distress is also associated with a loss of enjoyment of life. This could be as simple as a fear of driving following an accident or inability to maintain a posture because of a physical injury causing severe headaches. The court will examine the specifics of your case in order to determine if you are entitled to compensation for emotional distress. Your lawyer can assist in gathering the necessary documentation to support your claim. This could include medical and mental health records photographs of the scene of the accident journal entries detailing your feelings in the wake of the accident and other evidence relevant to your claim. If This Web page was particularly traumatizing it is possible to make an additional claim for intentional infliction of emotional distress. This is a less well-known form of noneconomic damages, and it requires proof that the defendant's actions were either in a way that was negligent or designed to cause you mental suffering as well as physical harm. Although there is some doubt regarding these claims, they are generally legitimate and are compensated in the same way as other types of physical or economic 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 that you've been hurt as a result of negligence of another it is important to speak an experienced injury lawyer.