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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the ways you live your life. You may feel overwhelmed with the impact of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Certain costs, such as your medical expenses or lost wages are simple to estimate. Others are more subjective, such as your pain and suffering. Loss of wages Accidents that result in a loss of income can be devastating. Many households depend on their earnings to cover essential expenses like mortgage or rent payments as well as groceries. In New York, injured workers are able to file a personal injury claim against the driver who was at fault to recover compensation for their lost wages. A successful claim will require proof that the injury was the reason of the wage loss and that it is directly related to the accident. The first step in calculating your lost earnings is to find the average weekly wage (AWW) that you earned before your accident. This can be done by looking at past pay stubs. An attorney can assist you to gather the required documents to prove your claim. Include both your salaries if you have more than one employer, or multiple sources of income. It is also important to include any financial benefits that you are entitled to, like health insurance, retirement contributions or bonuses. It is possible that you will not be in a position to return to work, or you might be able perform the job in a limited capacity, depending on the severity of the injury. If you are in this situation, the insurance company will need to provide you with temporary benefits, such as a weekly fixed payment which is based on the percentage of your average weekly earnings. You may also be entitled to reimbursement for the time you worked off (PTO) which you utilized during the time you were recovering from your injuries. The value of PTO is usually thought to be the equivalent of one day's wages. When you calculate your lost wage, you should also consider any costs related to work that you have incurred. This includes any travel or meals needed for your recovery. While workers' compensation provides you with the necessary medical care and compensation for the loss of your current wages, it cannot guarantee future lost earnings. If your injury prohibits you from working in the same field or at the same salary you may be eligible for compensation for future losses via another process known as “lost earning capacity.” To prove your claim, you must provide evidence of the impact your accident has had on your capacity to pursue a particular career route. Medical bills Many people are shocked by the expense of hospitalization, especially if it is an emergency room visit. Outpatient treatments can be costly. This is because medicine is a profitable business and the doctors must cover their costs and make a profit. As a result they have the right to put a lien on your personal injury settlement or award to recover the amount they were paid. Medical bills are included in the compensation claim for injuries resulting from negligence. In the majority of cases, the person who is at fault and their insurance company will pay the medical bills. However, in the event of a delay of a car accident case it is your responsibility to pay these medical bills. Once your personal injury protection (PIP) has reached the limit of $2,200 or $8,000, you can use your health insurance plan to pay the rest of your medical expenses. It is important to have your health insurance information on your medical provider's records so that they can send these bills to them. Additionally, you must make sure that any of the medical professionals you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they aren't you'll be accountable for paying the bills once you receive your personal injury settlement. You should also inform your lawyer for accidents about all the doctors, physical therapists, and other medical providers who you have visited. Your lawyer might not be aware of them and may not be able to collect amounts owed from your settlement. While there is no way to fully compensate for the physical and emotional trauma you've endured because of the negligence of someone else, an injury lawsuit can be a great help. In the event that you can prove that another person's negligence was the cause of your serious injuries or the death of a loved ones you may seek damages to compensate for medical bills, lost wages and other non-economic losses such as pain and suffering. Suffering and pain As opposed to the economic damages, like medical bills and income loss, it is difficult to determine a dollar amount on the pain and suffering. This is why it's essential to hire a skilled attorney who can show the jury how your accident has affected you. The presence of evidence like photographs, witness testimony, and copies of your medical records may help. However, explaining to the jury how your injury has affected your life and caused you to be unable to enjoy sports and hobbies can be a major factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method takes the amount of money you have lost, and multiplies it by a number that ranges from one to five depending on the severity of your injury. The Per Diem method assigns a specific dollar amount for each day you suffered an injury and then multiplies that number by the total days it will take to fully recover. These are just two of the many aspects that your lawyer will consider to determine a fair settlement figure for your pain and suffering. It isn't something that can be measured using a computer or algorithm therefore an injury case involving a person requires careful consideration of the unique circumstances that impact each victim's situation. In addition to assessing the actual physical pain mental anguish and emotional distress should be considered. This includes feelings like depression, grief and anxiety. Post-traumatic stress disorder (PTSD) is a serious mental disorder that can cause severe mental pain. A psychologist or other expert can testify about your injuries and how it has affected your life. youtube.com can be done by written reports or face-to-face testimony. The more information you provide the more your attorney will be able to help you get a higher compensation for your pain and discomfort. You can sue someone who intentionally injured you, even though the majority of personal injury cases are caused by accidents. This type of negligence claim can be called a civil tort. Although these types of claims are rare, there are many types of civil torts that may be filed for, including wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages A monetary sum awarded to someone in compensation for their injury can help them get back on their feet after an accident. It can also compensate for more intangible losses like pain and suffering. Damages are usually paid by an insurance settlement or by jurors or judges in the event of a case being heard in court. Generally there are two kinds of damages: punitive and compensatory. Compensation damages are those that reimburse a plaintiff for the actual cost. They are available in almost every personal injury case. Punitive damages penalize the offender and deter similar behavior in the future. When seeking compensation, it is important to include not just the past losses, like medical bills and lost wages, but also estimates of future losses and expenses. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is crucial to take into account the effects of your injury on your quality of life. It is crucial to consider the loss you experience if, for example you are unable play with your children or do other activities that you enjoy. The most straightforward way to calculate past losses is by simply adding up the amount you've spent and the earnings you've missed. To estimate the future medical bills and lower earning power, you'll need an official note from your doctor stating the length of time you will be in a position to work and your typical hourly rate. Then you can divide the number of days between your date of maximum medical improvement 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 could be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This kind of compensation is designed to offset the emotional distress caused by the impact an injury has on your relationship with your spouse and other family members. It's difficult to put a price on the pain and suffering that you endure however, you are entitled to the full and fair compensation for the injury. Often, this category of damages will be based on a jury or judge's judgment, rather than on concrete evidence. Your attorney can explain this in detail and help determine the amount of damages you're entitled to.