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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the how you live your life. You may feel overwhelmed with the effects of your injuries, from the cost of medical bills and loss of income to pain and suffering. Some costs are easy to calculate, such as medical expenses or the cost of missing work. Others are more subjective, like your pain and suffering. Loss of wages Accidents that result in a loss of income could be devastating. Many families rely on their earnings to cover the essential costs of living, such as mortgage or rent payments, as well as food expenses. In New York, injured workers may be capable of filing a personal injury lawsuit against the driver who caused the accident to claim the cost of lost wages. A successful claim will require proof that the injury was the reason of the wage loss and that it is directly connected 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. You can do this by looking at past pay statements. A lawyer can help you collect the necessary documents to prove your claim. Include both your salaries when you have more than one employer or have multiple sources of income. It is also beneficial to include any additional financial benefits you're receiving like bonuses as well as health insurance or retirement contributions. It is possible that you will not be in a position to return to work or might only be able to return in a lesser capacity, based on the nature of your injury. If you find yourself in this scenario the insurance company has to provide you with temporary benefits, like weekly fixed payments that is based upon a percentage of your average weekly earnings. You could also be entitled to a reimbursement of your paid time off (PTO) that you took advantage of to recover from your injury. The value of PTO typically equals one day's salary. Another factor that needs to be taken into account when the calculation of your lost wages is the costs of any expenses related to work you incurred. This includes any travel, meals, or equipment required for your recovery. While workers' compensation can provide you with the necessary medical care and compensation for missed wages, it doesn't provide for future earnings. If your injury stops you from working in the exact same field or earning the same salary you earn, you are able to apply for compensation under an additional claim referred to as “lost earnings capacity.” You'll have to prove that your accident has affected your ability to pursue your desired career path. Medical bills Many people are shocked when they see the costs of a hospital visit, especially an emergency room trip. Outpatient treatments can be costly. This is because medicine is for-profit and doctors must pay their expenses in order to earn profit. As a result they are entitled to place a lien on your personal injury settlement or award to recover the amount they were billed. Medical bills are deemed to be a part of the claim for compensation for injuries caused by the negligent acts of another. In the majority of instances, the person at fault and their insurance company reimburse the medical expenses. However, during the pendency of a case involving a car accident it is your responsibility to pay for medical expenses. After your personal injury coverage (PIP) that has an amount of $8,000 or $2200, is exhausted, you can use the rest of your health insurance coverage to cover your medical expenses. It is crucial to have your health insurance information on the medical provider's file so that they can pay these bills directly to them. In addition, you should ensure that any of the medical providers you have been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they're not, you'll be responsible for the bills if and when you receive an injury settlement. It is also essential to inform your attorney about all the doctor's offices, physical therapists' and other medical professionals you've been to. Your lawyer may not be aware of these and may not be able to collect amounts owed from your settlement. An injury lawsuit can help you recover from the physical and emotional trauma you've experienced as a result the negligence of others. If you can prove that the other person's negligence caused of your serious injuries or the loss of a loved one, you may seek damages to compensate for the loss of wages, medical expenses and other non-economic losses such as suffering and pain. Pain and suffering As opposed to the economic damages, like medical bills and income loss it is difficult to determine a dollar amount on suffering and pain. This is why it's crucial to have a competent attorney who can explain to jurors how your injury has affected you. Having evidence such as photos, witness testimony, and copies of your medical records can assist. Informing the jury that your injury has affected your life and prevented you from participating in other activities can have a significant impact. Your lawyer can use one of two common methods for calculating your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up all your monetary damages and then multiplies that amount by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money for each day you were injured, and then multiplies that number by the number of days it will take to recover fully. These are only two of the many factors that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms are unable to determine pain or suffering, which is why each case should be evaluated each case individually. You should also consider your emotional stress, mental distress and physical pain. This includes emotions such as fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a serious mental disorder that can cause severe mental pain. The best way to prove your loss of enjoyment is to have a qualified expert, such as psychologist, testify to how the injury has affected you. This can be done through written reports and through face-to-face testimony. Palmdale injury attorney provide, the better your attorney can help you get a higher compensation for your discomfort and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are accidents. This type of negligence claim is called a civil tort. Civil torts are not unheard of even though they are uncommon. They include medical negligence, wrongful death, dog bite injuries and defamation suits. Damages Following an accident, a monetary award can help someone get back on their feet. It can also compensate more intangible losses such as pain and suffering. Typically the damage is paid by the defendant through an insurance settlement or by the jury or judge in court cases. In general, there are two categories of damages: compensatory and punitive. Compensatory damages reimburse a plaintiff for their actual expenses. They are offered in almost every personal injury claim. Punitive damages penalize the offender and deter similar behavior in the future. It is important to include future expenses and costs when requesting compensation. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also crucial to take into consideration how the injury has affected your life quality. For example, if you are unable to play with your children or engage in other activities that you normally do, it is important to take into account the losses. The easiest method to estimate past losses is by adding up the amount you've spent and the earnings you've missed. To determine the cost of future medical expenses and reduced earning potential You'll need the doctor's note indicating how long you will be off work and your hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the date of your 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” in the event that your accident has caused emotional stress in your relationship with your spouse or other family members. It's difficult to quantify the pain and suffering that you endure, but you deserve the full and fair compensation for the injury. Most often, this type of damages will be determined on a jury's or judge's judgment, rather than on concrete evidence. Your attorney can explain it in detail and help determine the amount of damages you deserve.