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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. You may feel overwhelmed with the consequences of your injuries, from medical bills and income loss to pain and suffering. Certain costs, like your medical costs or lost wages are easy to calculate. Others are more subjective, such as your pain and suffering. Lost wages Injuries that cause loss of income could be devastating. Many families rely on income to pay for their basic expenses like rent or mortgage payments, food and utilities. In New York, injured workers might be capable of filing a personal injury claim against the at-fault driver to recover the cost of lost wages. However, a successful claim depends on the evidence that the injury caused the loss of wages and that it was directly related to the crash. The first step in calculating the loss of your earnings is to find the average weekly wage (AWW) that you earned prior to your accident. This can be done by looking at past pay stubs. A lawyer can help you gather the appropriate documents to prove your claim. If you work for 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 important to include any financial benefits that you are entitled to, like retirement benefits, health insurance, or bonuses. You may not be capable of returning to work, or you may only be able to return in a lesser capacity, depending on the nature of the injury. If you find yourself in this scenario, the insurance company will have to provide you with temporary benefits, such as weekly fixed payments that is based upon a percentage of your weekly earnings. You might be eligible for reimbursement for the time you worked off (PTO) that you used during the time you were recovering from your injuries. The value of PTO is generally thought to be the equivalent of one day's wages. Another factor to be taken into account when making a calculation of your lost wages is the cost of any work-related expenses you have incurred. This can include the cost of any transport, meals or other equipment required to help you recover. Workers' compensation doesn't provide future earnings. If your injury prevents your from working in the exact same field or earning the same salary you earn, you can claim compensation by filing an additional claim known as “lost earnings capacity.” You will have to prove that your accident has affected your ability to pursue your career track. Medical bills Many people experience sticker shock when they look at the cost of a hospital visit, especially an emergency room trip. The cost of outpatient care can be high. This is due to the fact that medicine is for-profit and doctors must pay their expenses in order to make a profit. They are therefore entitled to levy a lien on your personal injury settlement to collect the amount they have been assessed. Medical expenses are part of 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 expenses. You are accountable for paying these medical expenses during the time that the case is pending. Once your personal injury protection (PIP) has reached its limit of $8,000 or $2,200 you can apply your health insurance plan to pay the remainder of your medical expenses. However, it is very important to have your health insurance's contact information on file with your medical provider to ensure that these bills get paid for by them. In addition, you should make sure that any of the medical providers you have been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they are not, you'll be responsible for the bills should you ever receive a personal injury settlement. You should also tell your accident lawyer about all the physical therapists, doctors and other medical professionals 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. An injury lawsuit may help you recover from the physical and emotional trauma you've experienced because of the negligence of other people. You could receive compensation for your injuries or the loss of a loved one, if you can prove that negligence of the other party caused it. This includes medical bills or lost wages, as well as other non-economic damages such as pain and discomfort. Suffering and pain Pain and suffering are difficult to quantify in dollars. This is due to the fact that they are not economic damages, like medical bills or loss of income. It is important to hire a lawyer who is able to explain to jurors how your injuries affected you. Having evidence such as photographs, witness testimony, and copies of your medical records can aid. However, describing to the jury how your injuries have affected your life and caused you to be unable to enjoy activities and hobbies can make a significant impact. Your lawyer can use either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method takes your damages in money and then multiplies them by a number ranging between one and five, dependent on the severity of your injury. The Per Diem method assigns an amount of money to each day you were injured, and then multiply this number by the number days required to recover fully. These are only two of the many aspects that your lawyer will consider to determine a fair settlement amount for your pain and suffering. The pain and suffering of a person is not something that can be analyzed by a computer or algorithm, so a personal injury case requires a careful analysis of the particular elements that impact each victim's situation. You should also consider your mental stress, emotional discomfort and physical pain. This includes emotions such as depression, anxiety, and grief. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause extreme mental pain. A psychologist or other expert can testify to your injury and how it has affected you. This can be done with written reports and through face-to-face testimony. The more information you provide the greater chance it is that your lawyer can get you a larger amount of compensation for your pain and suffering. Although the majority of personal injuries involve accidents, you can also file a lawsuit against someone who has intentionally hurt you. This kind of negligence claim can be referred to as a civil tort. Civil torts are not uncommon even though they are rare. They include medical negligence, wrongful death, dog bite injuries and defamation suits. Damages A sum of money awarded to someone as compensation for an injury could aid them in getting back on their feet following an accident. It could also be used to compensate for intangible losses like pain and suffering. Damages are typically paid through an insurance settlement or by the judge or jury in the event of a case being heard in the court. In general, there are two categories of damages: punitive and compensatory. www.youtube.com pay the plaintiff for actual expenses and are available in almost every personal injury case. Punitive damages penalize wrongdoers and deter future similar behavior. It is essential to include future expenses and costs when you request compensation. This includes prescription medications as well as future surgeries, and other unforeseen costs. It is also important to take into account the impact of your injury on your quality of life. It is essential to consider the losses you suffer in the event that, for instance, you are unable to play with your kids or engage in other activities you enjoy. The easiest method to estimate past losses is simply adding up the amount you've spent and the amount you've lost. To calculate the future medical expenses and earnings potential that are less, you'll require the doctor's note indicating how long you'll be absent from work and your hourly rate. Then you can divide the number of days between your date of maximum medical improvement and the date when you're scheduled to resume work by the rate you earn daily to calculate estimated lost earnings. In addition, if the accident has damaged your relationships with family members, you could be eligible to receive 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 can have on your relationship with your spouse and other loved ones. The pain and suffering of a person is difficult to quantify, but you should be able to claim fair compensation. This type of compensation is often based on the judge's or jury's judgement rather than evidence. Your attorney can explain this in greater detail and help you determine the amount of damages you're entitled to for your injury.