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General Components of Injury Claim Compensation There are some costs that can be printed on a receipt and then added to, and there are some costs which aren't necessarily quantifiable. General compensatory damages are used to cover these unquantifiable losses. Special damages are costs which can be substantiated in a clear manner like medical expenses and lost wages. They are the foundation of your injury claim's compensation. Medical expenses Medical bills are typically included in settlements for personal injury. This is particularly relevant for those who've suffered permanent or severe injuries. For example, a spinal cord injury sufferer may require multiple surgeries to address secondary complications such as pressure sores, bowel or bladder problems, spasticity (muscle and tendon jerks), and bone density issues. The rules for the evaluation of medical expenses in a personal injury case vary from state to state. In general, insurance companies will require proof that medical expenses incurred were due to the incident. This could include invoices, medical bills, and evidence of the treatment which were deemed necessary. In some instances, an expert's testimony is required to justify the need for specific treatments and prove that the costs were related to the accident. In addition to the past medical expenses, victims can also recover compensation for future medical expenses. This is referred to as special damages and is part of the overall settlement that is awarded to the victim. In order to prove these expenses, our lawyers will collaborate with your health care providers and doctors to develop a treatment plan for your injuries that is consistent with medical standards. We'll also take into account any prescription medication required for your treatment, as well as any equipment or home modifications needed to accommodate injuries. However, future medical expenses aren't easy to prove if you don't have evidence that the injury will have a an impact on your lifestyle. This is why it's important to partner with a reputable personal injury lawyer who is aware of the importance of accurately calculating future medical expenses. Contact PKSD today to find out more about our experience in obtaining compensation for victims of serious accidents. Loss of wages Loss wages are a part of the economic damages that are associated with injury claim compensation. These losses are the amount of earnings would be if you had not been injured and were prevented from working. These losses include work-related overtime, seasonal income and other calculable earnings you could have earned. An award for the loss of wages is intended to help you get back into the financial situation you were in prior to the accident. In the majority of cases, an insurance company will determine your lost wage according to the hourly rate you earn and the number hours you missed because of the accident. This is especially true for workers who are paid per hour. It is important to prove, when you file a claim for lost wages that your injuries have caused you to be unable to work. To do this, you should submit a letter from your doctor detailing the severity of your injuries and how they have impacted your ability to work. You may also submit a copy of either your tax returns or pay stubs to prove this claim. Additionally, you may be able to claim compensation for the value of vacation and sick days you took to recover from your injury. These days are worth the equivalent of one day's salary. In some instances, your injuries may be permanent and restrict your ability to work in the future. If your injuries are permanent you can claim compensation for the loss of earning capacity. The capacity to earn is typically determined by a doctor. An experienced attorney can help you determine the value of your decreased earnings capacity. They can assist you to collect evidence of your injuries and income loss and submit them to the insurance company to ensure that you are awarded the most money possible for your case. Pain and suffering Pain and suffering are damages that cannot be quantified in the same way as medical expenses or lost wages. It's subjective and difficult to quantify, yet it's a vital part of any personal injury lawsuit. This is because the damages that are covered include those that are not immediately apparent, such as mental and emotional pain, and anxiety. The most important aspect to consider in proving the existence of pain and suffering is a solid evidence. This can include prescription records that detail the types and dosages of pain medications and notes from doctors or other medical professionals on how the accident affected your life, and footage of your injuries, like broken bone, scars or other evidence. It is also crucial to be forthcoming with your lawyer about the suffering and pain you've endured and how it has negatively impacted your life. There are two different ways to determine the amount of pain and suffering that you should receive compensation for. The multiplier method is one method to determine the amount of suffering and pain you are entitled to compensation for. You add up your economic losses, then multiply this number by a factor ranging from 1.5-5. Per diem is a different method that provides you with a fixed amount of money every day from the time your accident happened until you reach your maximum medical improvement. It is important to remember that the jury will determine the amount of suffering and pain you've suffered. It is difficult to determine a dollar value on non-economic damages, and the jury may take their time in assessing the effects of your accident on you and your life quality. Damages for Property Damage It could take a while to prepare for trial, depending on the degree of your injury. Your lawyer will have to take care of all medical expenses including hospitalizations, surgeries, doctor visits, physical therapy sessions and prescription medication. Even if you're paying for them through your health insurance the personal injury lawyer may be in a position to recover these costs in your settlement. Damages to property are another kind of compensation that victims of accidents can receive. These awards are made to pay for any damage or destruction that is caused by a third party's negligence. This can include damages to property (such as your home or vehicle) or personal property (like jewelry or a cell phone). Property damage claims might be part of an injury claim in general or could be the basis of their own lawsuit. General damages compensate for pain and suffering. Compensation damages are intended to put the victim in the same place as if the injuries never occurred. These damages are difficult to quantify and range from just a few hundred dollars for minor injuries to millions for serious disabilities or injuries. In Tallahassee , punitive damages penalize the defendant for their actions and deter them from repeating the same similar thing again in the future. They aren't common, and usually reserved for cases of egregious or criminal conduct. Although they're not an option in every personal injury case, it is crucial to take into consideration all types of compensation you could be awarded when evaluating your case. Contact a New York personal injuries law firm to discuss all of your options if injured. They can assist you in submitting all the paperwork required within the statute of limitations applicable to you. Damages for emotional distress Emotional distress is a part of the umbrella of suffering and pain but is a more subjective damage that can be hard to prove. Victims may experience anxiety or fear, sleep loss, depression and embarrassment following an accident that has caused them to suffer. Loss of enjoyment in life can also be associated with emotional stress. This can be a result of things such as the fear of driving after a car crash or the inability for a person to hold a position because of a physical injury that can cause severe headaches. The court will review the details of your case in order to determine if you're entitled to compensation for emotional distress. Your lawyer can help you gather the necessary documentation to support your claim. This can include medical and psychiatric records, photographs of accident scenes, journal entries detailing how you felt after the accident and other evidence pertinent to your claim. If the incident was particularly difficult, you may also want to file an action for intentional infliction. This is a lesser-known form of non-economic damages. It is necessary to prove that the defendant's actions were grossly negligent or were intended to cause mental distress and physical harm. These claims are valid, and are remunerated the same as any other type of physical or economic damage. The right lawyer can make an enormous difference in settling your case and getting the financial assistance you need. If you believe you've been injured because of negligence of another, it's crucial that you consult with a qualified injury lawyer.