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General Components of Injury Claim Compensation Costs can be printed on a receipt, but some costs are not quantifiable. General compensatory damages cover the unquantifiable costs. Special damages are costs that can be quantified in a straightforward manner for medical expenses and lost wages. They form the basis of your injury claim compensation. Medical expenses Medical bills are a frequent part of personal injury settlements, especially for those suffering from severe or permanent injuries. For instance, a spine cord injury victim may require multiple surgeries to treat secondary complications such as pressure sores, bowel and bladder issues, spasticity (muscle and tendon jerks), and bone density issues. The guidelines for how to evaluate medical expenses in a personal injury case vary from state to state. In general, insurance companies require proof that the medical expenses were incurred as a result of the incident. This can include medical bills and invoices, as well as evidence of the kind of treatments that were deemed necessary. In some cases, expert testimony is required to explain the need for certain treatments and to prove that the costs were connected to the accident. In addition to previous medical expenses, victims may also be entitled to a reimbursement for future medical expenses. This is known as special damages and represents part of the total settlement amount paid to the victim. In order to prove these expenses, our lawyers will work closely with your medical professionals and doctors to create a treatment plan for your injuries that is consistent with medical guidelines. We will also include any prescription medication that is necessary to treat your condition and any home or medical equipment needed to accommodate injuries. However, future medical costs can be difficult to prove without proof that the injury will have a an effect on your life quality. It's crucial to work with an experienced personal injury lawyer who understands the importance of being able to accurately calculate the cost of future medical expenses. Call PKSD to find out more about how we have helped victims of serious accidents to receive compensation. Lost wages Economic damages are part of the settlement for injuries. These losses are the amount of earnings would be if you had not suffered an injury that prevented you from working. These losses can include the cost of overtime, seasonal work and other calculable income you could have earned. An award for the loss of 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 determine your lost wage according to the hourly rate you earn as well as the number of hours you have missed because of the accident. This is particularly applicable to workers paid hourly. If you file a wage loss claim, it is important to show that your injuries actually did keep you from working. To prove this, you should submit an official medical note detailing your injuries and how they impacted your ability to work. You may also submit the copies of your tax returns or pay stubs in support of this claim. You may also be entitled to compensation for the value of sick or vacation days that you used during your recovery. These days are equivalent to one day's wages. In some cases, your injuries may be permanent and restrict your ability to work in the future. If your injuries are severe you may be able to seek compensation for the loss of your capacity to earn a living. Reduced earning capacity is usually determined by a doctor. An experienced attorney can help you determine the value of your reduced earnings capacity. They can assist you in gathering documentation of your injuries, and income loss, and send it to the insurance company to ensure that you get the maximum amount for your case. Suffering and pain The damages of pain and suffering are ones which cannot be quantified in the same way as medical bills or lost wages. It is more subjective and hard to put a dollar value on, but it's essential to any personal injury case. This is because the damages covered can be considered to include damages that aren't immediately visible, such as mental and emotional pain and anxiety. The most important thing when proving pain and suffering is a solid evidence. This could include prescription records that detail the types and dosages of pain medication, notes from doctors or other medical professionals about how the accident affected your life, as well as photographs of your injuries, such a broken bone, scars, or other evidence. It is also crucial to be honest with your lawyer about how much pain and suffering you have endured and how it has negatively impacted your life. There are a couple different methods to determine the amount of pain and suffering you should be compensated for. The multiplier method is one method to calculate the amount of suffering and pain you're entitled to compensation for. You add up your economic losses and then multiply that number by a factor that ranges from 1.5-5. Another option is the per-diem method in which you receive an amount each day from the time of your accident until you reach 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 is often difficult to establish a dollar amount on this type of non-economic damage, so the jury will examine the impact your accident has had on you and your daily life. Damages to property caused by a fire It could take a while to prepare for trial depending on the extent of your injury. Your lawyer will need to collect all of your medical bills, including hospital stays and doctor's visits. They may also need to collect prescription medications, physical therapy sessions, and prescription medications. Even if you're still paying them through your health insurance the personal injury lawyer might be in a position to recover these costs in your settlement. Damages to property are another form of compensation that victims of accidents can receive. These are awarded to cover costs related to any destruction or damage caused due to the negligence of another party. This can include damages to real property (such as your car or home) or personal property (like a cellphone or jewelry). Damage claims to property can be part of a lawsuit for injury, or even their own lawsuit. While compensatory damages are intended to place a victim back to the position they would have been in had their injuries not occurred general damages compensate plaintiffs for suffering and pain. These are often hard to quantify, and can range from the small amount of a few thousand dollars for small cases, to millions of dollars for severe injuries or disabilities. Finally, punitive damages punish the defendant for their actions, and prevent them from doing the same thing in the future. They aren't common, and usually reserved for cases of egregious or criminal conduct. Although they're not a viable option in every personal injury case, it's important to consider all the kinds of compensation you may be awarded when evaluating your case. If you've suffered an injury, call an New York personal injury law firm to discuss your options. Brockton injury attorney can assist you with filing all the necessary paperwork within the applicable statute of limitations. Damages for emotional distress Emotional distress is a part of the category of suffering and pain but is a far more subjective form of damage that can be hard to prove. The victims can experience anxiety, fear, sleep loss depression, and humiliation following an accident that has caused them to suffer. Loss of enjoyment in life is also a result of with emotional distress. This could be due to the fear of driving following a car accident or the inability to perform a job because of a physical injury that triggers severe headaches. The court will review the specifics of your case to determine you're entitled to for emotional distress. Your lawyer can assist you gather the evidence to support your claim. This can include medical records and psychiatric reports, pictures of accident scenes, journal entries on how you felt following the accident and other evidence pertinent to your claim. If the incident was particularly traumatizing and you are in a state of emotional distress, you might want to make a separate claim for intentional infliction of emotional distress as well. This is a less common form of noneconomic damages, and requires evidence 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 usually legitimate and are compensated in the same way as any other form of economic or physical damage. Having the right lawyer on your side can make all the difference when it comes to winning your case and getting the financial support you need. If you believe that you've been hurt because of someone else's negligence, it's important to consult an experienced injury lawyer.