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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live. From the cost of medical bills and lost wages to suffering and pain you may be overwhelmed by the impact of your injuries. Certain costs, like your medical costs or lost wages are easy to determine. Certain costs are subjective like your suffering and pain. Lost wages Injuries that result in a loss of income can be devastating. Many households rely on wages to cover basic expenses, such as rent or mortgage payments, groceries and utilities. In New York, injured workers could be able to file a personal injury claim against the driver who caused the accident to recover compensation for lost wages. A successful claim requires proof that the injury was the cause of the wage loss, and that it is directly linked to the accident. To calculate your lost wages, you must first determine your average weekly wage (AWW) which is the amount of money that you earned prior to your accident. You can do this by looking through your pay statements. A lawyer can help you find the right documents to prove your claim. If you have more than one employer or have several sources of income, it is essential to include both your salaries in your AWW calculation. It is also helpful to include any other financial benefits you are receiving, such as bonuses and health insurance, as well as retirement contributions. You may not be able to return to work, or you may only be able to do so in a reduced capacity, based on the severity of the injury. If you find yourself in this circumstance, your insurance company may have to provide temporary benefits like a weekly fixed payment which is based on a percentage of your income. You could also be entitled to a reimbursement of your paid time off (PTO) which you utilized to recover from your injury. The value of PTO generally is equal to one day's wages. Another factor to be considered when calculating your lost wages is the cost of any work-related expenses you incurred. This could include transportation, meals, or equipment that you require to recover. While workers' compensation can provide you with the necessary medical treatment and compensation for your current missed wages, it cannot provide for future earnings. If your injury prohibits you from working in the same field or at the same pay, you can request compensation for future losses via an additional process known as “lost earning capacity.” In order to prove your claim, you must to prove the impact that your accident has had on your capacity to pursue a particular career path. Medical bills Many people are shocked by the cost of a hospital stay especially when it's an emergency room visit. The cost of outpatient care can be high. This is because medicine is a profit-making business and the doctors must cover their expenses and earn a profit. They therefore have the right to put a lien on your personal injury settlement to collect the amount they've been assessed. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are generally reimbursed by the party responsible for the accident and their insurance company. You are accountable for paying these medical charges as long as the case is in progress. When your personal injury protection (PIP) which has a limit of $8,000 or $2200, is exhausted, you can make use of the remaining health insurance coverage to pay your medical expenses. It is crucial to have your health insurance information on the medical provider's file in order to be able to send these bills to them. Additionally, you must ensure that any of the doctors you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they aren't you'll be accountable for the cost of treatment when you receive your personal settlement for your injury. You should also tell your lawyer for accidents about all the physical therapists, doctors and other medical professionals you've visited. Your lawyer may not be aware of them and may not be able to collect amounts owed from your settlement. While there is no way to fully cover the physical and emotional trauma you've experienced due to the negligence of someone else, an injury lawsuit can help. By proving that the other person's negligence caused of your serious injuries or the death of a loved one, you may seek damages to compensate for medical bills, lost wages and other non-economic losses such as suffering and pain. Suffering and pain Pain and suffering are difficult to quantify in dollars. This is because they aren't economic damages like medical expenses or income loss. This is why it's essential to hire a skilled attorney who can show a jury how your injury has affected you. Evidence like witness testimony, copies of your medical records and photos could be useful. But, describing to the jury how your injuries have impacted your lifestyle and hindered you from engaging in hobbies and activities can also make a significant impact. Your lawyer could employ one of two standard methods to determine your pain and suffering, which are the Multiplier method or the Per Diem method. The Multiplier method takes all the damages you've suffered financially and multiplies the amount by a number between one and five, based on the severity of your injuries. The Per Diem method assigns an amount of money to every day you've been injured, and then multiplies that number by the number of days you will need to fully recover. These are only two of the many elements that your lawyer will consider to determine the most fair amount of settlement for your pain and suffering. Computers and algorithms are unable to measure pain or suffering, so every case has to be assessed in a unique. In addition to assessing your actual physical pain emotional anguish, mental stress and distress should be considered. This includes feelings like fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. A psychologist or any other expert can testify to your injuries and how it has affected your life. This can be done via written reports or through face-toface testimony. The more information you provide the better your lawyer can assist you to obtain a greater amount of compensation for your pain and discomfort. You can sue someone who has intentionally injured you, even if the majority of personal injury cases involve accidents. This kind of negligence claim is called a civil tort. While these kinds of claims are not common but there are a myriad of types of civil torts that could be filed for, including medical malpractice, wrongful deaths, dog bite injuries, and defamation lawsuits. Damages After an accident, a monetary award can assist someone in getting back on their feet. Pharr injury lawsuits can also compensate for more intangible losses like suffering and pain. Damages are typically paid through an insurance settlement, or by the judge or jury in the event of a case being heard in court. In general there are two kinds of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for their actual costs. They are available in nearly every personal injury case. Punitive damages punish wrongdoers and discourage future similar conduct. When seeking compensation, it is important to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also estimated future expenses and losses. This includes prescription drugs as well as future surgeries and unexpected expenses. It is important to also take into account the consequences of your injury to your quality-of-life. It is essential to consider the losses you suffer when, for instance you are unable to play with your kids or participate in other activities you love. Add up your expenses and wages missed to calculate a straightforward calculation of losses in the past. To determine the cost of future medical expenses and the potential for earnings loss You'll need the doctor's note indicating how long you will be out of work and your hourly rate. Then you can divide the number of days between the date of the maximum improvement in your medical condition and when you are scheduled to resume work by that daily rate to calculate estimated lost earnings. In addition, if the accident has damaged your relationships with your family members, you may be eligible for compensation for the loss of companionship or “loss of consortium.” This kind of compensation is designed to ease the emotional pain caused by the effect an injury can have on your relationship with your spouse and other family members. It's difficult to put a price on pain and suffering however, you are entitled to full and fair compensation for your injury. This type of damage is usually determined by the judge's or jury's judgment rather than hard evidence. Your lawyer can explain this in more detail and help you determine the amount of compensation you deserve for your injury.