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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the way you live. You may be overwhelmed by the effects of your injuries, from medical bills and income loss to pain and suffering. Some costs, such as your medical costs or lost wages are straightforward to estimate. Certain costs are subjective like your suffering and pain. Loss of wages Accidents that result in a loss of income could be devastating. Many households depend on wages to cover basic expenses like rent or mortgage payments, groceries and utilities. In New York, injured workers could be eligible to file a personal injury lawsuit against the driver at fault to seek the cost of lost wages. However the success of a claim is contingent on the evidence that the injury triggered the wage loss and that it was proximately related to the accident. The first step to calculate the loss of your wages is to determine the average weekly wage (AWW) that you earned prior to your injury. This can be accomplished by looking at your past pay statements. A lawyer can help collect the necessary documents to support your claim. If you have more than one employer or have multiple sources of income, it is crucial to include both wages in your AWW calculation. It is also advisable to include any additional financial benefits you receive such as bonuses as well as health insurance or retirement contributions. It is possible that you will not be capable of returning to work or might be able perform the job in a limited capacity, depending on the severity of the injury. If you're in this situation, the insurance company will need to provide you with temporary benefits, such as a fixed payment each week that is based upon the percentage of your average weekly wage. You might be eligible for reimbursement for the time you worked off (PTO) which you utilized to recover from your injuries. The value of PTO generally is equal to one day's wage. Another factor to be taken into account when calculating your lost wages is the costs of any expenses related to work you incurred. This could include the cost of transportation, meals, or equipment required for your recovery. Workers' compensation will not provide future earnings. If your injury prevents you from working in the same field or earning the same salary you may be eligible for compensation for future losses using another process known as “lost earning capacity.” In order to prove your claim, you will need provide evidence of the impact your accident has had on your capacity to pursue a particular career direction. Medical bills Many people are shocked by the expense of a hospital stay particularly if it's an emergency room visit. The cost of outpatient treatment can also be very expensive. YouTube is due to the fact that medical practices are for profit and doctors must pay their costs in order to make a profit. Therefore, they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they have been paid. Medical expenses are part of the compensation claim for injuries resulting from negligence. In most cases, the person who is at fault and their insurance company reimburse the medical expenses. You are accountable for paying these medical charges while the case is pending. After your personal injury coverage (PIP) has exhausted its limit of $8,000 or $2,200, you can use your health insurance to pay the rest of your medical expenses. It is important to have your health insurance information in the your medical provider's records 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 licensed by the Workers' Compensation Board to treat injured workers. If they're not, you'll be responsible for paying the bills once you receive the personal settlement for your injury. You should also tell your lawyer who handled your accident about the doctors, physical therapists, and other medical providers you've visited. Your lawyer may not know about them, and might not be able to get the money owed from your settlement. An injury lawsuit can help you recover from the physical and emotional trauma that you have suffered because of the negligence of other people. You may be able to claim compensation for your injuries, or the loss of a loved one in the event that you can prove that negligent party caused the injury. This includes medical bills, lost wages, and other non-economic damages such as discomfort and pain. Pain and suffering In contrast to economic damages, such as medical bills and income loss it is difficult to place a dollar amount on suffering and pain. This is why it's essential to hire a skilled attorney who can explain to jurors how your injury has affected your life. Evidence such as witness testimony, copies of your medical records and photos could be useful. The jury should be able to understand the way your injury has impacted your life and prevented you from enjoying hobbies and other activities can have a significant impact. Your lawyer could employ one of two standard methods to determine your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method takes your monetary damages and then multiplies them by a number that ranges between one and five, depending on your severity of injury. The Per Diem method assigns a specific dollar amount to each day that you were injured and multiplies that number by the total days it will take you to reach your full recovery. Your lawyer will consider a variety of factors to determine the right settlement amount for your discomfort and pain. Pain and suffering is not something that can be analyzed by a computer or algorithm therefore an injury case involving a person requires a careful evaluation of the particular circumstances that impact each victim's particular situation. In addition to evaluating the actual physical pain emotional anguish, mental stress and distress must be considered. This includes emotions such as grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. A psychologist or other expert can testify to your injuries and how it has affected your life. This can be done through written reports or through face-toface testimony. The more information you provide the better your attorney will be able to help you receive a better settlement for your discomfort and pain. While the majority of personal injury cases involve accidents, you may also file an action against someone who has intentionally hurt you. This kind of negligence claim is referred to as a civil tort. Civil torts are not uncommon however, they are not common. They include medical negligence, wrongful deaths dog bite injuries, and defamation lawsuits. Damages A financial amount paid to someone in compensation for an injury may aid them in getting back on their feet following an accident. It could also cover more intangible losses such as suffering and pain. Damages are typically paid through an insurance settlement, or by a judge or jury if the case is in the court. In general, there are two types of damages: compensatory and punitive. Compensatory damages compensate a plaintiff for the actual cost. They are offered in almost every personal injury case. Punitive damages penalize wrongdoers and discourage future similar conduct. It is essential to include future expenses and costs when you request compensation. This includes prescription drugs, future surgeries and other unexpected expenses. It is also important to consider how the injury has affected your quality of life. It is important to take into account the loss you experience in the event that, for instance you are unable play with your kids or do other activities that you love. The easiest way to determine past losses is by simply adding up the amount you've spent and the amount you've lost. To determine the cost of future medical expenses and earnings potential that are less you'll need a doctor's letter indicating the length of time you'll be absent from work and your average hourly rate. You can then divide the number days between the date of your maximum medical improvement and the date of your expected return to work, by this daily rate, to calculate the estimated loss in income. You could also be entitled to compensation for “loss or consortium” if your accident has caused emotional stress in your relationship with your spouse or other family members. It's hard to quantify the pain and suffering that you endure, but you deserve an adequate and fair amount of compensation for your injuries. This type of compensation is often based on the judge's or jury's judgement rather than hard evidence. Your lawyer can explain this in greater detail and help you determine the level of damages you deserve for your injury.