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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 your life. You may be overwhelmed by the consequences of your injuries, ranging from medical bills and income loss to pain and suffering. Certain costs are simple to calculate, such as your medical expenses or time off work. Some costs are more subjective, such as your pain and suffering. Lost wages Injuries that cause loss of income can be devastating. Many households rely on their income to pay basic living expenses such as mortgage or rent payments, as well as groceries. In New York, injured workers can file a personal injuries claim against the driver at the fault in order to obtain the lost wages. A successful claim will require evidence that the injury was the cause of the wage loss and that it is directly linked to the accident. To calculate your lost wages, first determine your average weekly wage (AWW), which is the amount that you earned prior to your accident. This can be done by looking at your past pay receipts. A lawyer can assist you gather the appropriate documents to support your claim. If you have more than one employer or have multiple sources of income, it is important to include both salaries in your AWW calculation. You should also include any financial benefits you are entitled to, like retirement benefits, health insurance, or bonuses. It is possible that you will not be capable of returning 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, like a fixed payment each week that is based on a percentage of your average weekly income. You could also be entitled to reimbursement of your paid time off (PTO) which you used in your recovery from your injury. The value of PTO is usually thought to be the equivalent of one day's salary. Another factor to be considered when the calculation of your lost wages is the costs of any expenses related to work you have incurred. This can include the cost of transportation, meals, or equipment required to help you recover. While workers' compensation provides you with the medical treatment and compensation for your current missed wages, it cannot cover future lost earnings. If your injury stops you from working in the same field or earning the same wage you can seek compensation for future losses using a separate process called “lost earning capacity.” To be able to prove this claim, you must to present evidence of the impact your accident has had on your ability to pursue a specific career path. Medical bills Many people feel sticker shock when they look at the cost of a hospital visit, especially an emergency room trip. The cost of treatment for outpatients can also be very expensive. This is due to the fact that medical practices are for profit and doctors must pay their costs in order to earn profits. As a result they have the right to put a lien on your personal injury settlement or award to recuperate the amount they've been paid. Medical bills are included in the compensation claim for injuries caused by negligence. They are usually reimbursed by the at-fault party and their insurance company. However, during the pendency of a car accident case it is your obligation to pay the medical bills. After your personal injury coverage (PIP), which has the limit of $8,000 or $2200, is exhausted, you are able to use the rest of your health insurance policy to cover your medical expenses. It is important to have your health insurance information on your medical provider's records so that they can send them the bills. You should also check that the medical providers who treated you are licensed to treat you by the Workers' Compensation Board. If they're not you'll be accountable for paying the bills once you receive your personal injury settlement. You should also inform your lawyer for accidents about the doctors, physical therapists, and other medical providers that you have visited. Your lawyer might not be aware of these and may not be able to collect the amount due from your settlement. A lawsuit for injury can assist you in recovering from the emotional and physical trauma you've suffered due to the negligence of other people. If you can prove that the other person's negligence is the cause of your serious injuries or the loss of a loved one you could seek damages to pay for lost wages, medical bills and non-economic losses like suffering and pain. Suffering and pain As opposed to the economic damages, like medical bills and income loss it is difficult to place a dollar amount on pain and suffering. This is why it's important to have 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. However, describing to the jury how your injury has impacted your lifestyle and caused you to be unable to enjoy sports and hobbies can make a significant impact. Your lawyer could employ one of two methods to determine your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method totals up all your monetary damages and multiplies the amount by a number between one and five, based on the severity of your injuries. The Per Diem method assigns a specific dollar amount for each day that you were injured, and then multiply the sum by the number of days it will take you to recover fully. These are just two of the many factors that your lawyer will take into consideration to determine a fair settlement figure for your pain and suffering. The pain and suffering of a person is not something that can be measured by a computer or an algorithm therefore a personal injury case requires careful consideration of the unique circumstances that impact each victim's situation. In addition to evaluating the physical pain you are experiencing emotional anguish, mental stress and distress must be considered. This includes emotions like depression, anxiety, and grief. Post-traumatic stress disorder (PTSD) is a severe mental condition that can cause extreme mental pain. The best method to prove your loss of enjoyment of life is to have a certified expert like psychologist, testify to how the injury has affected you. This can be done through written reports and through face-to-face testimony. The more details you provide the better chance it is that your lawyer can get you a larger amount of compensation for your suffering and pain. You can sue someone who intentionally injured you, even though the majority of personal injury cases involve accidents. This type of negligence claim can be called a civil tort. Although these types of claims aren't common however, there are a variety of civil torts that may be filed for, including medical malpractice, wrongful death, dog bite injuries, and defamation lawsuits. Damages After an accident, a monetary award can help someone get back on their feet. It can also compensate more intangible losses like pain and suffering. Typically the damage is paid by the defendant as an insurance settlement or by a jury or judge in a court case. In general there are two types of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for the actual cost. Redding injury attorneys are available in nearly every personal injury case. Punitive damages punish the wrongdoer and discourage similar conduct in the future. When seeking compensation, it is important to include not just past losses, such as medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription medication as well as future surgeries and unexpected expenses. It is also crucial to take into consideration how the injury has affected your quality of life. For example, if you cannot play with your children or engage in other activities that you normally do, it is important to account for those losses. Add up the expenses and wages missed to calculate a straightforward calculation of your losses from the past. To determine the cost of future medical expenses and reduced earning potential You'll need the doctor's note indicating the length of time you'll be absent from work and your hourly rate. You can then divide the number days between the date of your maximum medical improvement and the expected return to work, by this daily rate, to calculate estimated lost income. In addition, if your incident has affected your relationships with your family members, you may be eligible for compensation for the loss of companionship or “loss of consortium.” This type of compensation is intended to alleviate the emotional stress caused by the impact an injury has on your relationship with your spouse and other family members. The pain and suffering of a person is difficult to quantify, but you deserve fair compensation. Most often, this type of damages will be based on a judge or jury's judgment, rather than on concrete evidence. Your lawyer can explain it in detail and assist you in determining the amount of damages you're entitled to.