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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 feel overwhelmed with the consequences of your injuries, from medical bills and lost income to pain and suffering. Some costs, such as your medical costs or lost wages are simple to determine. Certain costs are subjective, like your suffering and pain. Loss of wages The loss of income resulting from injuries can be devastating. Many families 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 to receive compensation for lost wages. However the success of a claim is contingent on the evidence that the injury triggered the loss of wages and that it was directly related to the accident. To calculate the lost wages, first determine your average weekly wage (AWW) which is the amount of money that you earned prior to your injury. You can do this by looking over your previous pay stubs. A lawyer can assist you find the right documents to prove your claim. If you have more than one employer, or have multiple sources of income, it's crucial to include both wages in your AWW calculation. Include any financial benefits you are entitled to, like health insurance, retirement contributions or bonuses. It is possible that you will not be able to return to work, or you might only be able to perform the job in a limited capacity, based on the nature of your injury. If you are in this situation, the insurance company has to provide you with temporary benefits, like a fixed payment each week that is based on a percentage of your weekly earnings. You could be eligible for reimbursement for the paid time off (PTO) that you took to recover from your injuries. The value of PTO is generally considered to be the equivalent of a day's wage. When calculating your lost wage it is important to consider the work-related expenses you've paid for. This can include the cost of transportation, meals or equipment needed for your recovery. Workers' compensation doesn't cover future earnings. If your injury prevents your from working in the same field or earning the same wage you earn, you can claim compensation by filing an additional claim referred to as “lost earnings capacity.” You will have to prove that your injury has impacted your ability to pursue your career path. Medical bills Many people are shocked by the expense of hospitalization, especially if it is an emergency room visit. The cost of outpatient treatment can also be very expensive. This is because medical practices are for profit and doctors have to cover their costs in order to make profits. Therefore, they are entitled to levy your personal injury settlement or award to recover the amount they have been billed. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually refunded by the party at fault and their insurance company. In the case of a car crash case it is your obligation to pay for medical expenses. When your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200, you can use your health insurance plan to pay the rest of your medical expenses. However, it is important to have your health insurance contact information on file with the medical provider to make sure that these bills are paid 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 are not, you will be responsible for the bills in the event that you receive a personal injury settlement. It is also crucial to make sure that you tell your accident attorney about all of the doctor's offices, physical therapists and other medical professionals you've seen. Your lawyer might not be aware about them, and may not be able to collect the amounts that are owed from your settlement. An injury lawsuit may assist you in recovering from the physical and emotional trauma you've suffered due to the negligence of others. You can get compensation for your injuries or the loss of a loved one when you can prove that other party's negligence caused it. This includes medical expenses as well as lost wages and other non-economic damages such as pain and discomfort. Pain and suffering It is difficult for pain and suffering to quantify in terms of dollars. This is because they are not economic damages, like medical bills or loss of income. This is why it's essential to hire a skilled lawyer who can explain to the jury how your accident has affected your life. Evidence such as witness testimony and 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 hobbies and activities can also have a significant impact. Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method adds up your damages in money, and multiplies it by a number that ranges from one to five, depending 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 of days you will need to recover fully. These are only two of the many elements that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms are unable to measure the intensity of pain or suffering, therefore each case should be evaluated individually. In addition to assessing the physical pain you are experiencing, mental anguish and emotional distress must be considered. This includes emotions such as fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. The best method to prove your loss of enjoyment is to have a certified expert such as psychologist, testify on how the injury has affected you. This can be done through written reports and through face-to-face testimony. The more details you can provide the greater chance it is that your lawyer will be able to secure you a higher compensation award for your suffering and pain. You may sue someone who intentionally injured you, even though the majority of personal injury cases involve accidents. This type of negligence claim is known as a civil tort. While these kinds of claims are rare, there are many types of civil torts that could be filed for, including wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages A monetary sum awarded to someone as compensation for an injury could aid them in getting back on their feet after an accident. It could also cover more intangible losses like pain and suffering. Typically Recommended Looking at is paid by the defendant as an insurance settlement or by a judge or jury in a court case. In general there are two kinds of damages: compensatory or punitive. Compensation damages compensate the plaintiff for actual costs and are available in nearly 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 losses that have occurred in the past, such as medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription drugs as well as future surgeries, and other unforeseen costs. It is also crucial to consider how the injury may have affected your quality of life. For example, if you are unable to play with your kids or take part in other activities that you normally take part in, it is essential to consider the loss. Add up the expenses and wages missed to make a quick calculation of past losses. To estimate the future medical expenses and a decrease in earning potential, you'll require an official note from your doctor stating the amount of time you will be not able to work and the usual 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 the estimated loss in income. You could also be entitled to compensation for “loss or consortium” when your accident has caused emotional distress in your relationship with your spouse or other family members. The pain and suffering of a person is difficult to quantify, but you deserve fair compensation. This category of damages is often based on the judge's or jury's judgment rather than evidence. Your lawyer can explain this in greater detail and assist you in determining the level of damages you deserve for your injury.