If you have been injured from the negligence or malicious intent of another person you have the right to compensation for your injuries or losses. Compensatory damages are the name of damages that the court will generally award to claimants for their personal injury and they can be paid for both economic and non-economic damages. The goal of compensatory damages is to financially restore the injured party to the state they were in prior to the accident.

Compensatory damages can include payment for medical bills (future and current medical costs), payment for loss of income (current and future lost wages), payment for property damages (car, home, personal items) and payment for pain and suffering.

State laws vary and states award damages according to various laws and processes but judges and juries in states will award monetary compensation based on elements of the case, the credibility of witnesses, and the validity of the evidence.

When will I get pain and suffering payments?

Compensation for pain and suffering is only given if you can prove that that you have suffered pain and suffering (emotional or physical) from an actual injury.

For example, pain is obviously a result of any physical injury: broken bones, surgery, lacerations, bruises, disfigurement or burns. What about suffering? It obviously can be caused by injuries as well and could include psychological suffering from a severe injury or permanent disfigurement, embarrassment, post traumatic stress or humiliation.

Evaluating Pain and Suffering

The courts will evaluate a number of factors in your personal injury case to determine if you can receive pain and suffering compensation for example:

• Did you seek medical care for your personal injuries? If you did not seek medical care the courts may assume you did not suffer any injuries.
• Did you have permanent injuries which caused disfigurement or loss of limb?
• What was the degree of pain you suffered from your injuries?
• Will you need long-term medical treatment?
• Are you going to be able to return to work?
• Did your injuries cause significant loss of enjoyment of life?
• How severe are your injuries?
• Are you currently taking your prescribed medications?

Calculating my payment for pain and suffering

Unlike medical costs, property damage, lost wages or other types of compensatory damages calculating the amount you should be entitled to receive for pain and suffering can be complicated. If you have been severely injured and you are unsure of the long-term costs of your injuries, talk to a personal injury lawyer.

Punitive Damages after a Personal Injury

We have all heard of outrageous settlements awarded for personal injury cases. Most of the especially high payouts are made for what the court calls punitive damages. Punitive damages are paid by the defendant in very specific circumstances. Unlike compensatory damages, which are paid to make the defendant “whole,” punitive damages are awarded to punish the defendant for their illegal or negligent actions.

Are you entitled to punitive damages? It will depend on the laws of your state, the nature of your injuries and the actions of the defendant. Punitive damages are not allowed in all personal injury cases, and if allowed, they may be capped by state law.

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How much is my personal injury claim worth? For most people, it isn’t about greed, just compensation for losses they have suffered.

Compensatory Damages

Most damages in a personal injury case are compensatory. This means they are meant to reimburse the plaintiff for costs related to the injury. This type of award is intended to make the plaintiff “whole,” or restore them financially. The more common types of compensatory damages in a personal injury claim include:

Loss of income:

You may be entitled to collect not just the income you lost, but also the income you would have been able to earn in the future if it hadn’t been for the accident.

Medical bills:

A personal injury award regularly includes the costs associated with your medical treatment (repayment for out of pocket expenses you have already paid and the anticipated costs of care you will need in the future).

Property damage:

Property damages costs can include the costs associated with either fixing or replacing your car or any other property which was damaged. Clothing and other personal items can also be replaced. Money awarded is generally at the market value of the property at the time of loss.

Pain and suffering:

You could be awarded monetary compensation for physical pain and discomfort you suffered during and after the accident.

Emotional anguish:

If the accident was particularly serious and you suffer from psychological distress such as trepidation, anxiety and/or sleep loss, you could collect for this condition.

Loss of enjoyment:

When an injury you suffered in the accident prevents you from enjoying things such as hobbies, exercise, recreation or even the inability to maintain a sexual relationship with your spouse, you could be entitled to receive damages.

Punitive Damages after a Personal Injury

Punitive damages are different than compensatory damages. If the defendant’s actions were especially negligent the plaintiff could be awarded additional damages on top of any other compensatory damages. The purpose of punitive damages is to punish the defendant and hopefully deter others from similarly depraved actions.

It is common for punitive damage awards to run into the millions, so some states have placed a cap on how much a jury can award in punitive damages.

Can my actions affect the personal injury award?

States use four different systems for allocating damages after a personal injury: pure contributory negligence, pure comparative negligence, modified comparative negligence – 50% bar rule, and modified comparative negligence – 51% bar rule.

Personal injury awards will be allocated according to the laws of your state. There are even a few states that do not allow you to recover any compensation if you are found to be even partially to blame for the accident (Alabama, Maryland, North Carolina, Virginia, Washington, D.C.).

Additionally, most states require those who are injured through the negligence of someone else to mitigate or minimize their financial damages. For example, if a person does not see a doctor until weeks after an accident and therefore makes their injuries worse and increases their medical bills, he will see the award greatly reduced.

If you have been seriously injured in an accident, it would benefit you to talk with an experienced personal injury attorney and see what value he can bring to your case.

What kind of claims call for a personal injury lawsuit? More than you might think. And you may be wondering why you have options when injured, or what your rights mean when you walk into a court room. This blog guide can help.

Do you have a claim?
A useful legal resource for lawyers, experts, and “newbies” is Nolo.com, who recommend you file a claim in four scenarios. You suffer a permanent injury. You or a loved one may be incapable of walking correctly for six months to permanently. You suffer from medical malpractice. An incompetent doctor or hospital makes crucial mistakes and it costs you. You suffer a severe injury, such as loss of sight, because of a car accident or fire which should not have occurred. Finally, in a world full of science and technology, sometimes “toxic” problems, such as dangerous gases or some other contaminate, can lead to major injury or death. In all of these examples, there is room for discussion on when a claim is worth pursuing. You should never make this decision alone; get a lawyer’s help.

You Have Rights
As a citizen of the U.S., as a worker, as a parent, as a safe driver, as someone who puts trust in a hospital, you have rights and they must be protected. It may sound like the Bill of Rights, but the point is that you have rights and sometimes you have to protect them. Often enough, it will be you, not someone else, making the decision for a lawsuit. You should make an educated decision by reading pieces like this one and consulting with a lawyer.

Who should you hire?
You have the option of literally thousands of lawyers pretty much anywhere in the country. Your options are many, but they are not all equal. Not all lawyers are capable of helping you. You want someone who specializes in personal injury, perhaps even has direct experience in your situation – if you were in a car accident, accident law is important. You need someone who has the time to help you, not a lawyer who passes the ball to his or her second. And you want someone who is willing to work on the “no win, no fee” philosophy, where if they lose, they get nothing, and if they win, they get something.

How much?
How much can you expect from your personal injury settlement? It’s a critical question, one we’ve went over before. This depends on how you act legally. If you settle out of court, it may be a “win, win” situation, where you can avoid a long legal battle. On the other hand, you may get more in court. Most lawsuits are settled out of court, and if you get the opportunity, consider it a gift. However, make no legal decisions without an experienced lawyer. There is always room for negotiation.

Winning is not always about money. Winning when you’ve been wronged has much more to do with it than the big check you get. Sometimes it makes a point. Of course, in New York personal injury law, winning is definitely about financial protection. It’s important if you or a loved one has been wronged – whether it’s medical malpractice, a hit and run accident, or many others – to get this financial protection.

Who can help?
First and foremost to winning a New York personal injury lawsuit is who you hire for legal representation. There are thousands of personal injury lawyers just in New York city, and many more outside of it. However, you can narrow the field down quite a bit by years experience, cases won, and price. A lawyer is like a lighthouse ensuring a ship reaches harbor: without it, you may crash and come up with nothing.

How soon must you file a New York personal injury claim?
Each state has different time limits for filing a personal injury claim. In New York, you must file the lawsuit within 3 years of the accident. There are some variations to the laws in other states. Generally you don’t want to rush a lawsuit nor wait too long. If you file too early, and suffer further injuries after not claimed, you stand to lose some financial compensation. Of course, if you wait too long it won’t matter at all. The best policy is to consult with a doctor, then your lawyer, and when the injury affects are clear, to file a claim.

What damages can you get?
States vary again on what kind of damages you can claim, but generally the scope of the laws is very much the same. All common personal injury lawsuits – such as hit and run, brain injury, medical malpractice, traffic accident, etc – can be claimed. However, what many fail to understand is that pain, suffering, and trauma also will be compensated for. If you suffered greatly and your life changed, you may get more from pain and suffering damages than for the actual injury.

How do you prove liability?
Your lawyer’s job is to prove liability and damages. Liability is who’s at fault and why. Sometimes this is quite clear: someone ran a red light and hit you. Calculating damages is different, as you’ll be looking at how the accident affected you both in the short and long term. If you cannot work your job ever again, financial compensation should include loss of work. If you suffered major physical and mental pain, you deserve more. Proving this usually involves a doctor, expert witnesses, actual witnesses to the incident, and if any laws were broken such as running a red light.

How much will you get?
Personal injury lawsuits in all states can be quite high. It does depend on who you are suing. If you’re suing a major company with a lot of insurance, the damages could be of great value. On the other hand, if you are hit by a truck from a small business, they may have less money to give. Usually these cases need not go to trial. You and your New York lawyer will likely get an offer to cover the damages and stay out of court; this saves you time and money.

Pretty much everyone gets into at least one car accident in their life – and “everyone” does include you. What happens after the accident is rather simple: make sure you and the other driver are okay. However, after that, you need to start thinking legally by considering compensation, recording everything you can, and thereby making your personal injury claim successful. Insurance companies will deny you compensation, especially for pain and suffering and anything beyond the basic hospital bills, unless you know how to report your claim. This blog guide shows you how.

Contact Information
Of course, it’s common for drivers to exchange information. However, in order to be sure the information exchanged is valid, you should wait for a police officer in most cases. You should at the least get insurance information and contact information if there are witnesses on the scene. If possible, take pictures of what happened to your car immediately, even if you have to wait until later; this can pay off. If you are injured, don’t worry so much about these things, especially if you’re in pain; but do record any injuries you’re experiencing. It will help both you later on and the hospital.

Get Medical Help
If you are injured, don’t worry about contact information, insurance claims, and making notes. Instead, focus on yourself. You want an opinion from a doctor before you make any claims, and you want documentation on any injuries you have. In order to maximize your claim, do this immediately or when capable. It will pay off.

Get a Free Consultation
If you’re this far, you have a clear strategy when you get into a car accident. Your next step is to contact an experienced lawyer; be sure to contact only personal injury lawyers who offer a free initial consultation. You can do some research and pick one to try, or query several asking the basics. With this initial consultation, you’ll get a clear idea of the experience of the lawyer, his or her professionalism, rates, and how much compensation you can actually get. A lawyer is quite often the necessary tool to maximizing your personal injury compensation.

If an Offer is Made
Quite often in personal injury cases you get some offers before you even sue the insurer or company. This is because it actually saves the ones at fault on legal fees. You should never, ever sign a release for compensation too soon. Instead, wait until you are positive you are fully recovered from injuries. Most states give you several years to file a claim, but this is a decision between you and your lawyer. In order to maximize compensation, you need to first be aware of your total injuries.

How to Handle the Case
There are many other ways to maximize a claim, including how you should get all doctor reports and ask for briefs from your doctors on what effects your injuries will have, if temporary or permanent. You should also be aware that just because you have health insurance does not mean you cannot still sue for compensation, therefore getting extra damages.

In any case involving personal injury, your allies are time, patience, and truth. If you’ve been hurt, even in a minor way, you have a right to compensation in many forms, from the hospital bills to the pain and suffering to the loss of work time and more.

We went over the basics of a personal injury trial a few weeks back, yet we only touched the surface details of what occurs in a personal injury case. We had no time to go over choosing a jury and opening statements. Now we do.

What You Need to Know
There is the plaintiff and the defendant. The plaintiff is the one who wants the personal injury claim, and the defendant is trying to prove he or she is not liable for any injury. This will involve evidence on both sides, expert witnesses, and arguments on exactly what the claim should be.

However, before you hire a personal injury lawyer or try to defend yourself, you should know that few personal injury disputes ever go to court. Some are settled even before lawsuits are filed. For example, if a driver of a semi truck hit you or someone you love, and it’s an obvious case of personal injury, there will often be an offer made. The insurer does not want to go to court, because after lawyer fees it could cost them much more money. The plaintiff has the final decision on whether to take the offer or not, but most do for the same reason: lawyer fees can be hard on your budget.

Now let’s go over the jury process.

The Jury Process
Unless a judge is deciding your case, the first step will be to choose a jury for your trial. If you’ve seen TV court room dramas before, you may be familiar with the basics. The judge and lawyers question the jury, trying to find their opinions on certain subjects. If the juror already has a clear opinion on a certain subject, this may disqualify them. It can be very obvious: they were in a similar accident and received damages, or someone they love did. The defendants do not want such an opinion to be involved n the decision. Both the plaintiff and the defendant have a certain number of challenges to these jurors, where you can eliminate several jurors from the proceeding. The judge can also excuse potential jurors with preconceptions. The point is to get an objective jury who are willing and able to hear both sides. This is where your lawyer can earn his or her money.

The Opening Statements
The next step we’ll go over is where the lawyers take an even bigger stage in the case. Both the plaintiff and the defendant’s lawyer will be making clear points before judge and jury prior to the witnesses coming forward. The plaintiff will present facts about how the injury occurred, why the defendant was at fault, and why the plaintiff deserves compensation. The defendant will be making the opposite case, that the plaintiff has no reason to get damages for the injury. Again, this is the lawyers job, to appear in front of the judge and jury and to begin the process of winning.

The Next Steps
After the jury selection and opening statements, the final steps include the witnesses taking the stand, closing arguments, and a jury verdict. That may make it sound simple: it’s far from that. However, with an experienced personal injury lawyer on the case, you have a clear advantage.

There are many personal injury cases where the injured person does not know if he or she has a right to a claim, how much the claim is worth, how long they should wait to claim, what lawyer to hire, how much the lawyer will cost, and much more. Because of that, we created this guide on frequently asked questions concerning personal injury claims. If you’re still unsure of certain topics, an experienced personal injury lawyer can help you.

When should you consult with a lawyer?
If you’ve been injured to a point where it’s effecting your life, even in minor ways, consulting with a lawyer is very smart. You can brainstorm options with one and see if your case is strong. For example, if you were in a car accident, and it’s effected your personal and professional life, if it’s cost you time, money, and suffering, you have a right to claim.

What can you claim?
You can claim based on pain, suffering, and loss of joyful life. You can claim based on loss of income, if you’re not able to work. You can also claim on loss of care and interest. The most common claims are based on pain and suffering as well as loss of income, but there are often other losses such as joy in life which you might be able to file a claim for. If you’re unsure of what to claim, but know you’ve lost something since an accident or injury, a lawyer can help.

How long does the claim take?
This varies from personal injury case to personal injury case, but a professional lawyer will advise you on several things, foremost being how long to wait. For example, you would not wait to file a claim 2 weeks after a car accident where you suffered whiplash or trauma; you might have other injuries over the course of months to years which do not come up. It’s recommend you wait about a year in most personal injury cases so you can be assured you are covered on everything. You may not be able to claim again, so it’s important to be patient and wait to see how your body and mind react. This is where the guidance of a doctor is critical.

How much is your claim worth?
Few experienced personal injury lawyers will tell you how much you will get. There is too much variety in the situation. You rarely know how much the claim is worth until you know how the injury has effected you. Even then, there are so many possibilities involved and differences from person to person that you just don’t know. You will know, perhaps, when an insurer makes an offer; but even then you might be able to get much more. Be wary of lawyers who promise you a figure.

How much does your lawyer cost?
Personal injury lawyers are not cheap, but you can work out a fair rate with a experienced one. You can do it via “pay as you go” or you can pay via a contingency fee agreement. “Pay as you go” lets you hire the lawyer on a retainer and cover all fees. The contingency fee agreement will still have costs, but most of the money will be paid upon a successful injury claim.

You may have many more questions; this is just the beginning. Contact an experienced personal injury lawyer for guidance.

How does a personal injury claim start? It’s always with the injury, and though that part is far from easy, in order to get a settlement you need to know the key steps involved.

You should begin the process by hiring an experienced personal injury lawyer, or at least consulting with one to see if you have a case. This lawyer will collect evidence related to the clam, including past and future medical bills and needs, lost wages and any property damage, pain and suffering issues, and much more. Your lawyer will play a key part in settling your case. If you’re unsure of how to hire one, consider querying several, asking for rate and experience information, and look for a reasonable fit.

Once you choose a lawyer, he or she can begin helping you in the case. Actually, he or she likely won’t help much in court, because the majority of claims related to accidents or injuries are settled out of court.

Settling a Case
The key steps to settling a case once again begin with your personal injury lawyer. Your lawyer should go over your case in detail. He or she will then decide the monetary value of the case; it’s the value of your injury and its effects on your life.

The other issues involved in deciding to settle a case include: verdicts and settlements in similar personal injury cases, the chances of you winning at trial, the amount of information available which could help or hinder your case, any weaknesses in in your opponents evidence, the amount of money this defendant has to finance the case, and how much the insurer of the defendant can afford.

There is more to it, but that’s generally how case are created, fought, and won or lost.

If You Settle
What does it mean to settle? You take money instead of going to court. Few legitimate personal injury cases go to court. This is because of the high cost of lawyers and other factors. Settlements are very common, and you should consider one if offered. However, you will have no more right to further claims based on this injury. That makes it important to have complete doctor evaluations, to have waited some time (preferably a year) to make sure no other conditions result, and for your lawyer to have investigated similar cases.

Settlements are common, but trust your lawyer if he or she says the number is too low.

How Long It Takes
You should always involve a doctor with your case. Of course, you will get checkups, but you should always wait until you and your doctor are fairly clear that you have no further injuries. After proving medically your claim is valid, the process typically takes several months. If it goes to court, it might be longer. Few will go to court, but you should plan for it just in case.

Getting hurt for no fault of your own requires compensation — and the worse the injury, the more you deserve. What can you get compensated for? Who can help? And how much can you expect?

Forms of Compensation
There are six forms of compensation typically rewarded in a personal injury case.

Medical Treatment: You should receive money for any and all medical care involved in the accident. If you break your leg in a car accident, suffer a concussion, or any other form of injury you need medical help with, this is part of any settlement with an insurance company and is almost always rewarded.

Income: Using the example where you break your leg, ask yourself how this will effect your work. It might be impossible for you to start immediately, you may not be able to work at all, and that gives you a right for damages related to loss of pay. If you’re in a leg cast for months, for example, you deserve all lost wages.

Property: While this may seem small at first, if your car was completely totaled in the accident, beyond your insurance claim is the cost of the vehicle. Also, any other possessions which were lost or broken in the accident should payed back. If you’re car is totaled, your expensive cell phone ruined, and anything else, you have a right to compensation.

Pain and Suffering: If you suffer a concussion after the accident, or any other injury which is painful. you also deserve compensation. If you have to take strong pain killers, for example, and these make you feel sick, you may claim that. While given less than medical treatment, this can truly make your settlement pay for all the pain and inconvenience involved.

Emotional Pain: Along with pain and suffering, you may have some mental trouble after the accident. Sleepless nights may be your problem. This often occurs in more serious accidents.

Loss of Enjoyment: While this too may seem small at first, it makes sense. If  your injury resulted in  a loss of enjoyment, of having fun doing your regular activities, you can get damages.

Loss of Consortium: Lastly, you may have trouble with your spouse after an injury. If it hurts your relationship, perhaps in the bedroom, you can receive damages. Some states also include this law for hurting relationships  to children who may be deeply affected by the injury. In some cases, the payment for damages is given directly the the affected loved one.

Who can help?
A professional personal injury lawyer can win your fight for compensation. Typically, you can receive substantial benefits. True, the more hurt you are the more of a settlement you’ll get, but an experienced lawyer can win fights beyond just medical and income damages. They earn money in things such as pain and suffering and loss of enjoyment, which can be harder to prove.

You can expect most settlements to go beyond medical expenses and income losses. Since no two cases are exactly the same, you should first choose a lawyer and then ask him or her how much you can get.

Medical malpractice caused by negligence by the doctor or other hospital staff can often lead to a personal injury claim. Mistakes are made in hospitals every day. However, because conditions, diagnosis, and treatment are difficult is never an excuse; some mistakes should never occur and if they do you have a legal right for compensation. After all, if you are prescribed a medicine it’s known you’re allergic too, if the doctor botches the job while operating on you or a loved one, or if a variety of other accidents occur, you have clear rights.

What can happen?
A doctor can fail to diagnose you correctly. In this instance, the doctor may have made a mistake in treating you or medicating you.  The proof is that a competent  doctor would not have made the same mistake. There are many ways  for this to occur, but if you feel the doctors failed to properly treat you–that they could have done much better–you quite often have an injury claim and right for compensation.

Second, improper treatment by your doctor can occur if the doctor makes clear mistakes that an experienced doctor would not make. After the diagnosis comes the treatment, and if either fails, you should contact a personal injury lawyer.

Third, you should know all the  risks involved in any treatment. For example, if you are given are treated in the hospital and are not told how it might make you feel sick or constantly dizzy, you have a legal right to address this. You should know all risk before any treatment is given.

There are many other situations where medical malpractice is a problem, but these are the most common. If a doctor doesn’t diagnose you correctly, gives you inadequate treatment, and/or fails to tell you of potential risks, you often have the right for a claim.

How do you claim injury?
Different states have different requirements for medical malpractice cases. Most laws state you must be prompt in bring the claim against the doctor; however, you still get 6-12 months in most cases. That should give you enough time to research your rights, hire a personal injury lawyer, and file the malpractice claim.

In some states, you also have to submit to a malpractice review panel. Here is where you’ll argue your point, give evidence, and use witnesses before the suit can be continued. Still, not all states do this. If yours does, you definitely should consult with a personal injury lawyer.

Still other states require that you give the doctor notice you’ll be filing a malpractice claim against them. And most states will not base their decisions solely on your testimonial or even the doctor’s; outside experts must be used to effectively win a medical malpractice claim.

What’s the first step?
You need to first consult with a personal injury lawyer in your state. One of the best ways is to look on sites and local law directories. Don’t hire the first lawyer you find, but don’t wait too long either. Look for one experienced in injury law, and in this case one who understands medical malpractice laws in your state (be sure to ask).