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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the way you live. You might be overwhelmed by the impact of your injuries, from medical bills and income loss to suffering and pain. Certain costs are simple to calculate, like your medical expenses or time off work. Certain costs are subjective, like your pain and suffering. Lost wages Injuries that result in a loss of income can be catastrophic. Many households depend on income to pay for their basic expenses, including mortgage or rent payments, groceries and utilities. In New York, injured workers could be eligible to file a personal injury lawsuit against the driver at fault to claim the cost of lost wages. A successful claim requires evidence that the injury is the cause of the wage loss and that it is directly connected to the accident. To calculate your lost wages, you must first determine your average weekly wage (AWW), which is the amount of money that you earned prior to your injury. This can be accomplished by looking at your past pay statements. A lawyer can help gather the appropriate documents to support your claim. If you work for more than one employer, or have multiple sources of income, it's crucial to include both wages in your AWW calculation. It is also advisable to include any other financial benefits you are receiving like bonuses, health insurance or retirement contributions. Depending on the nature of your injury, you might be in a position to not return to work at all or be able to return at a reduced capacity. If you're in this situation the insurance company might have to provide temporary benefits, such as an annual fixed payment that is based on a certain percentage of your average wage. You could also be entitled to a reimbursement of your paid time off (PTO) which you used to recover from your injury. The value of PTO is generally thought to be the equivalent of a day's wage. Another aspect that must be considered when calculating your lost wages is the costs of any expenses related to work you incurred. This can include the cost of transportation, meals, or equipment required to help you recover. While workers' compensation provides you with the medical care and compensation for the loss of your current wages, it doesn't provide for future earnings. If your injury prevents you from working in the same field or at the same salary you can seek compensation for future losses via an additional process known as “lost earning capacity.” To prove this claim, you will need to present evidence of the impact your accident has had on your ability to pursue a particular career route. Medical bills Many people are shocked by the cost of hospitalization especially when it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is for-profit and doctors must cover their expenses to earn profits. They are therefore entitled to place a lien against your personal injury settlement to recover the amount they've been paid. Medical bills are considered to be part of the claim for compensation for injuries caused by the negligent actions of another. They are generally reimbursed by the party at fault and their insurance company. However, during the pendency of a case involving a car accident it is your responsibility to pay the medical bills. After your personal injury coverage (PIP) has exhausted its $8,000 or $2,200 limit, you can use your health insurance to cover the remainder of your medical expenses. However, it's important to have your health insurance's contact details on file with the medical provider to make sure that these bills get paid for by them. Additionally, you must ensure that any of the medical professionals you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not you'll be accountable for the cost of treatment when you receive your personal settlement for injury. It is also important to make sure that you tell your accident attorney about all of the doctors' offices, physical therapists' and other medical professionals you've seen. Your lawyer might not be aware about them and they may not be able to recover the amount owed from your settlement. An injury lawsuit may assist you in recovering from the emotional and physical trauma that you have suffered as a result the negligence of other people. You could receive compensation for your injuries, or the death of someone you love when you can prove that negligent party caused the injury. This includes medical bills as well as lost wages and non-economic damages like discomfort and pain. Pain and suffering It is difficult for pain and suffering to quantify in dollar terms. This is because they aren't economic damages like medical bills or income loss. www.youtube.com is why it's important to have a skilled attorney who can explain to the jury how your accident has affected your life. Evidence like witness testimony or copies of your medical records and photos could be useful. However, describing to the jury how your injury has affected your life and prevented you from enjoying sports and hobbies can be a major factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method takes your monetary damages, and multiplies it by a number from one to five, depending on the severity of your 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 fully recover. Your lawyer will consider many factors to determine the fair settlement amount for your pain and discomfort. Computers and algorithms can't calculate pain or suffering, which is why each case must be evaluated individually. It is also important to consider your mental stress, emotional discomfort and physical pain. This includes emotions such as depression, grief and anxiety. Post-traumatic stress disorder (PTSD) is a serious mental condition that can cause severe mental pain. The best method to prove your loss of enjoyment is to have a certified expert like psychologist, testify on how the injury has affected you. This can be done by written reports or face-to-face testimony. The more details you have the better chance it is that your attorney can get you a higher compensation award for your pain and suffering. Although the majority of personal injuries involve accidents, you can also pursue an action against someone who has intentionally hurt you. This kind of negligence claim is called a civil tort. Civil torts are not uncommon however, they are rare. They include medical negligence, wrongful deaths dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can aid someone to get back on their feet. It could also cover more intangible losses such as suffering and pain. Typically the damages are paid by the defendant in an insurance settlement or by a jury or judge in court cases. In general, there are two types of damages: compensatory or punitive. Compensation damages compensate the plaintiff for actual expenses and are available in nearly every personal injury case. Punitive damages punish the wrongdoer 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 estimated future expenses and losses. This includes prescription medications, future surgeries, and any other costs that are not anticipated. It is also important to think about the consequences of your injury to your quality of life. It is crucial to consider the losses you suffer in the event that, for instance you are unable play with your children or engage in other activities you enjoy. The easiest method to determine past losses is by simply adding up the amount you've paid and the earnings you've missed. However, to estimate future medical bills and reduced earning power, you'll need a doctor's note indicating the amount of time you'll be in a position to work and your typical hourly rate. Then, you can divide the number of days between the date of the maximum improvement in your medical condition and when you are scheduled to resume work by the daily rate to calculate estimated lost earnings. You may also be entitled to compensation for “loss or consortium” if your accident has caused emotional distress in your relationship with your spouse or other loved ones. Pain and suffering are difficult to quantify, but you are entitled to fair compensation. Often, this category of damages will be based on a jury's or judge's judgment rather than on hard evidence. Your lawyer can explain this in greater depth and help you decide the amount of damages you are entitled to for your injuries.