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General Components of Injury Claim Compensation Costs can be printed out on receipts, however certain costs are not quantifiable. General compensatory damages are used to cover these non-quantifiable losses. Special damages are the costs which can be substantiated in a straightforward manner like medical expenses and lost wages. They are the foundation of your injury claim's compensation. Medical expenses Medical bills are a common element of settlements for personal injury, particularly for those suffering from severe or permanent injuries. For instance, a spinal cord injury victim may require multiple surgeries to treat secondary issues like pressure sores, bowel or bladder problems spasticity (muscle and tendon jerks) and bone density issues. The guidelines for valuing medical expenses incurred in a personal injury case vary from state to state. In general the insurance company will need evidence that these expenses were incurred as a result of the accident. This could include invoices, medical bills and evidence of the treatment that were deemed to be necessary. In certain cases an expert's report is needed to explain the need for specific treatments and prove that the costs were related to the accident. In addition to past medical expenses, injured victims may also be entitled to compensation for future medical costs. This is known as special damages and is a component of the settlement of financial compensation to the victim. Our attorneys will work with your medical professionals to create a medically-sound treatment plan for you. We will also factor in any prescription medication needed for your treatment, and any home or equipment modifications required to accommodate injuries. However, the future medical expenses are difficult to prove without evidence that the injury will have a an impact 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. Contact PKSD today to learn more about our experience in obtaining compensation for victims of serious accidents. Lost wages Economic damages are part of the settlement for injuries. These losses are what your earnings would be if you had not been injured and prevented from working. These losses include overtime, seasonal income, and other measurable earnings you could have earned. An award for your lost earnings is designed to put you back in the financial position you were in prior to the accident. In the majority of cases, the insurance company will determine your lost wage based on the hourly rate you earn as well as the number hours you missed because of the accident. This is especially true for workers who are paid hourly. It is important to prove, if you file an application for compensation for lost wages, that your injuries have prevented you from working. You must submit a doctor's letter detailing your injuries and the effect they've had on your ability to work. You can also provide an image of your tax returns or pay stubs in support of this claim. Additionally, you may be able to claim compensation for the value of your sick and vacation days you took to recover from your injury. These days usually amount to the equivalent of a day's pay. In some instances the injuries you sustain could be permanent and limit your ability to work in the future. If your injuries are permanent you may be entitled to compensation for the loss of earning capacity. This is referred to as diminished earning capacity and is usually calculated by a physician. A reputable personal injury attorney can assist you in determining the value you should be putting on your diminished earning capacity. They can assist you in gather documentation of your losses and injuries and provide them to the insurance company to ensure that you are awarded the most money possible for your situation. Pain and suffering The pain and suffering category is a category of damages that cannot be quantified in a way like medical bills or lost wages. It's subjective and difficult to quantify, however it's a vital part of any personal injuries case. This is because the damages that are covered include those that are not immediately visible, such as mental and emotional pain, and anxiety. Credible evidence is the most important element in proving pain and suffering. This could include prescription records showing the type and dosages of pain medications as well as notes from doctors or other medical professionals about how the accident affected your life, and photographs of your injuries, such a broken bone, scars, or other marks. It is crucial to be open about the pain and suffering that you've experienced and how it has affected your life. There are a variety of methods to determine the amount of pain and suffering you should be compensated for. One is the multiplier method where you add the actual economic losses and then multiply the result by a factor of 1.5-5. Another is the per diem method where you are paid a set amount of money each day from the time of your accident until you reach the point of maximum medical improvement. It is important to keep in mind that the jury will determine how much suffering and pain you've endured. It can be difficult to put a value in dollars on non-economic damages, and the jury could be slow in evaluating the impact of your accident your life and on the quality of your living. Damages to property caused by a fire It can take a while to prepare for trial, depending on the degree of your injury. Your lawyer will have to pay all medical bills that include hospital stays and surgeries, doctor visits and physical therapy sessions as well as prescription medication. Even if you're paying for them through your health insurance or personal injury attorney, you may be able to recover these expenses in your settlement. Property damage damages are another form of compensation that accident victims can claim. These awards are intended to cover the costs of any destruction or damage that is caused by a third party's negligence. This could include the destruction of property like your car or your home, or personal property, like jewellery or a cellphone. Property damage claims could be part of a lawsuit for injury, or even their own lawsuit. General damages are a way to compensate for suffering and pain. Compensatory damages are meant to put a victim in the same position as if their injuries had never occurred. They can be difficult 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. In the end, punitive damages penalize the defendant for their actions, and prevent them from doing the exact same next time. They aren't common and are usually reserved for egregious or malicious behavior. While they aren't an option in every personal injury case, it is important to consider all the kinds of compensation you may be awarded when evaluating your case. Contact a New York personal injuries law firm to discuss all your options if injured. They can assist you in filing all the appropriate paperwork, within the applicable statute of limitations. Damages for emotional distress Emotional distress is a part of the umbrella of suffering and pain but is a far more subjective form of damage that can be hard to prove. After a serious accident victims may feel fear, anxiety and sleep loss. They might also suffer from depression, humiliation, and even anxiety. Emotional distress is also caused by a decrease in enjoyment of life. This could be due to an anxiety about driving after an accident in the car or inability to work because of a physical injury which causes severe headaches. The court will look over the details of your case to determine how much compensation you may be entitled to for emotional distress. Your attorney can assist you in obtaining the evidence to prove your claim. This can include medical and psychiatric reports, pictures of accident scenes, journal entries on how you felt following the accident, and other evidence relevant to your claim. If the incident was particularly traumatic you may consider filing an action for intentional infliction. This is a lesser-known form of noneconomic damages, and requires evidence that the defendant's actions were in a way that was negligent or designed to cause you mental suffering as well as physical harm. Although there is some doubt about these types of claims, they are usually legitimate and are repaid in the same manner as any other type of economic or physical injury. Salinas injury attorneys can make an enormous difference in winning your case and receiving the financial support that you require. If you think you've been hurt due to negligence by someone else, it's important to consult with a seasoned injury lawyer.