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General Components of Injury Claim Compensation There are expenses that can be printed on receipts and added up, and there are costs that aren't necessarily quantifiable. These damages that aren't quantifiable are covered by general compensatory damages. Special damages are the costs which can be substantiated in a clear manner for medical expenses and lost wages. Downey injury attorneys are the foundation of your injury claim compensation. Medical expenses Medical bills are a frequent part of settlements for personal injuries, particularly for those who suffer from severe or permanent injuries. A spinal cord injury victim for instance, could require multiple operations to address secondary complications, including pressure ulcers, bladder or bowel spasticity, or bone density issues. The guidelines for how to evaluate medical expenses in an injury case differ from state to state. But in general, the insurance company will require evidence that these expenses were due to the accident. This can include medical bills and invoices, as well as proof of the types of treatments considered necessary. In some cases, an expert's testimony is required to justify the need for specific treatments and show that these costs were connected to the accident. In addition to past medical expenses, injured victims could also be entitled to a reimbursement for future medical costs. This is called special damages and represents a portion of the overall settlement amount paid to the victim. To prove these expenses, our lawyers will work closely with you medical professionals and doctors to develop a treatment program for your injuries that is consistent with medical guidelines. We will also factor in any prescription medication necessary for your treatment and any equipment or home modifications needed to accommodate an injury. However, the future medical expenses are difficult to prove without evidence that the injury will have a an effect on your quality of life. This is why it's important to choose a knowledgeable personal injury attorney who understands the importance of accurately calculating future medical expenses. Call PKSD today to find out more about our experiences in the compensation of victims of serious accidents. Lost wages Lost wages are an element of the economic damages that are associated with injury claim compensation. These losses are what you could have earned if your injuries hadn't kept you from working. These losses include the cost of overtime, seasonal income and other earnings that you could have earned. The compensation for lost wages is intended to put you in the same financial situation as before 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 particularly true for workers who are paid per hour. It is important to prove, when you file for an application for compensation for lost wages that your injuries have affected your ability to work. You must provide an official letter from your doctor detailing your injuries and the impact they have caused on your ability to work. This is also backed with a copy pay stubs or tax returns. You may also be entitled to compensation for the value of any sick or vacation days that you took during your recovery. These days are typically worth the equivalent of a day's pay. In some cases, your injuries may be permanent and restrict your ability to work in the future. If your injuries are permanent, you can seek compensation for the loss of your ability to earn a living. This is referred to as a reduced earning capacity and it is typically calculated by a doctor. A reputable personal injury attorney can help you to determine the value you should be putting on your lower earning capacity. They can assist you to document your injuries and income loss and submit them to the insurance company to ensure that you are awarded the highest amount for your case. Pain and suffering The pain and suffering category is a kind of damage which cannot be measured in a way like medical bills or lost wages. It is more subjective and hard to place a dollar amount on, but it's an essential element in any personal injury case. This is because it covers the negative impacts on the life of a victim that are not immediately apparent like loss of enjoyment emotional distress, mental anguish and anxiety. The most important factor to prove that you suffer from pain is evidence that is reliable. This could include prescription records that show the dosage and type of pain medication that you have taken as well as notes from doctors and other medical professionals on how the accident had an impact on your life, and images of your injuries like broken bones, a mark or other signs on your body. It is crucial to be honest about the pain and suffering that you've experienced and how it has affected your life. There are a couple different methods of calculating the amount of suffering and pain you must be compensated for. One is the multiplier technique which involves adding the economic losses you have suffered and then multiply the result by a factor between 1.5-5. Another option is the per-diem method where you are paid a set amount of money each day beginning from the date of your accident until you achieve the maximum level of medical improvement. The most important thing to keep in mind is that it is the responsibility of the jury to decide how the extent of your pain and suffering is worth. It is often difficult to establish an amount of money on this type of non-economic injury, therefore the jury will take their time to consider the impact that your accident had on you and your daily life. 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 must pay all medical bills including hospitalizations, surgeries, doctor visits and physical therapy sessions, as well as prescription medications. Even if you're paying for them through your health insurance the personal injury lawyer could be able to recover these expenses in your settlement. Damages to property are a different type of compensation available to accident victims. These awards are given to pay for any damage or destruction that was caused by another party's negligence. This could be damage to property, such as your car or your home, or personal property, like a cellphone or jewellery. Property damage claims might be part of an injury claim in general, or they could be the object of their own lawsuit. General damages cover the cost of suffering and pain. Compensation damages are designed to put a victim in the same situation as if their injuries had never occurred. These damages are hard to quantify and can range from a few hundred dollars for minor injuries, to millions for severe injuries or disabilities. Finally, punitive damages punish the defendant for their actions, and prevent them from doing the exact same next time. They are extremely rare and are reserved for the most egregious or shady of conduct. While they're not applicable in every personal injury claim it is important to assess your case and think about any possible compensation. If you've been injured, get in touch with an New York personal injury law firm to discuss your options. They can assist you with filing all the necessary paperwork within the statute of limitations applicable to you. Damages for emotional distress Emotional distress is included under suffering and pain, but it can be difficult to prove. Victims may experience anxiety, fear, sleep loss, depression and humiliation after an accident that is serious. Emotional distress is also related to a decrease in enjoyment of life. This could be due to a fear of driving after an accident in the car or inability to work due to an injury that triggers severe headaches. The court will look into the details of your case to determine if you are entitled to compensation for emotional distress. Your lawyer can assist you gather the evidence to prove your claim. This could include medical records and psychiatric reports, pictures of accident scenes, journal entries about what you felt like after the accident and other evidence that is relevant to your claim. If the incident was particularly traumatizing it is possible to file an additional claim for intentional infliction of emotional distress as well. This is a less-known form of non-economic damages. It is necessary to prove that the defendant's actions were grossly negligent or were intended to cause you mental pain as well as physical harm. These claims are legitimate, and are remunerated the same as any other type of physical or financial loss. A good lawyer can make a a huge difference in winning your case and receiving the financial assistance you require. If you feel that you've been injured because of someone else's negligence it's important to consult an experienced injury lawyer.