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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 your life. From the cost of medical bills and lost wages to pain and suffering you may be overwhelmed by the consequences of your injuries. Certain costs are simple to calculate, such as your medical expenses or time off work. Certain costs are subjective, like your suffering and pain. Loss of wages Injury-related income loss can be a devastating loss of income. Many families rely on income to pay for their basic expenses, such as rent or mortgage payments, groceries and utilities. In New York, injured workers can file a personal injuries claim against the driver at the fault in order to obtain compensation for lost wages. A successful claim requires proof that the injury was the cause of the wage loss and that it is directly linked to the accident. The first step in calculating your lost wages is to determine the average weekly wage (AWW) that you earned prior to your injury. This can be accomplished by looking over your old pay stubs. A lawyer can assist you gather the appropriate documents to support your claim. Include both your salaries in the event that you have more than one employer, or multiple sources of income. It is also important to include any financial benefits you receive, such as retirement and health insurance, or bonuses. You may not be able to return to your job or you might only be able to perform the job in a limited capacity, based on the nature of your injury. If you find yourself in this circumstance your insurance provider may be required to provide temporary benefits like weekly fixed payments that is based on a specific percentage of your income. You could also be entitled to reimbursement for the paid time off (PTO) that you took while you were recovering from your injuries. The value of PTO is usually thought to be equal to the equivalent of one day's wages. When you calculate your lost wage it is important to consider any work-related costs that you've paid for. This can include the cost of any transportation, meals or equipment required for your recovery. While workers' compensation can provide you with the medical care and compensation for missed wages, it does not provide for future earnings. If your injury prohibits you from working in the same field or at the same salary, you can request compensation for future losses using a separate process called “lost earning capacity.” In order to be able to prove this claim, you must to present evidence of the impact that your accident has had on your capacity to pursue a particular career path. Medical bills Many people experience sticker shock when they learn of the price of an hospital visit, particularly an emergency room visit. The cost of treatment for outpatients can also be very expensive. It is because medical practices are for profit and doctors must cover their costs in order to earn profits. They are therefore entitled to put a lien on your personal injury settlement to collect the amount they have been paid. Medical bills are included in the compensation claim for injuries caused by negligence. They are generally reimbursed by the party responsible for the accident and their insurance company. You are accountable for paying these medical charges while the case is pending. When your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200 You can then use your health insurance to pay the rest of your medical expenses. It is essential to keep your health insurance details on the medical provider's file to allow them to send these bills to them. Additionally, you must be sure that the medical professionals you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they aren't then you'll be responsible for the cost of treatment when you receive your personal settlement for injury. You should also tell your lawyer who handled your accident about all the physical therapists, doctors and other medical professionals who you have visited. Your lawyer might not be aware of these and may not be able to collect the amount due from your settlement. Although there is no way to fully make up for the physical and emotional trauma you've experienced because of the negligence of someone else the other party, a lawsuit for injury could be helpful. If you can prove that the other person's negligence is the cause of your serious injuries or the death of a loved ones you may seek damages to compensate for medical bills, lost wages and other losses that are not economic, such as pain and suffering. Pain and suffering It is difficult for pain and suffering to quantify in dollar terms. This is due to the fact that they are not economic damages like medical bills or income loss. This is why it is crucial to have a competent attorney who can explain to a jury how your injury has affected you. Evidence such as photos, witness testimony, and copies of your medical records can help. But, 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 may use the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method is a method of adding up your damages in money and then multiplies them by a number ranging from one to five dependent on the severity of your injury. The Per Diem method assigns an amount of money for each day you're injured, and multiplies this amount by the number of days it will take to fully recover. These are just two of the many elements that your lawyer will consider to determine a fair settlement amount for your pain and suffering. youtube.com isn't something that can be calculated using a computer or algorithm and a personal injury case requires a careful analysis of the particular elements that impact the individual victim's circumstance. You should also consider your mental stress, emotional suffering and physical pain. This includes emotions like depression, anxiety, and grief. Mental pain that is severe can include PTSD or post-traumatic stress disorder. A psychologist or other expert can testify about the severity of your injury and how it has affected your life. This can be done through written reports or through face-toface testimony. The more information you can provide the more your lawyer can assist you to obtain a greater amount of compensation for your pain and discomfort. While most 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 unheard of even though they are not common. They include medical negligence, wrongful deaths dog bite injuries, and defamation suits. Damages Following an accident, a monetary award can aid someone to get back on their feet. It may also cover intangible losses, such as pain and suffering. Damages are usually paid by an insurance settlement or by the judge or jury when the case is in court. In general, there are two categories of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual costs and are available in almost every personal injury claim. Punitive damages are used to punish criminals and deter future similar behavior. It is important to include future expenses and costs when you request compensation. This includes prescription medications, future surgeries and other unexpected expenses. It is also crucial to consider how the injury has affected your life quality. For example, if you cannot play with your children or engage in other activities you usually do, it is crucial to account for those losses. The easiest method to calculate past losses is by adding up the amount you've paid and the wages you've missed. However, to calculate future medical bills and lower earning capacity, you'll need a doctor's note indicating the amount of time you will be in a position to work and your usual hourly rate. Then you can divide the number of days between the date of the maximum improvement in your medical condition and the date you're scheduled to return to work by that daily rate to calculate estimated lost earnings. Additionally, if the incident has affected your relationships with family members, you may be eligible for compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to offset the emotional distress caused by the effect an injury can have on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you are entitled to fair compensation. In most cases, this category of damages will be determined on a jury's or judge's decision, not on actual evidence. Your lawyer can explain it in detail and help you determine the amount of damages you are entitled to.