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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. From medical bills and lost wages to pain and suffering you may be overwhelmed by the consequences of your injuries. Some costs, such as your medical expenses or lost wages, are easy to calculate. Certain costs are subjective like your pain and suffering. Loss of wages Accidents that result in a loss of income could be devastating. Many households rely on their income to pay 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 an injury claim against the driver who caused the accident to claim compensation for lost wages. However the success of a claim is contingent on proof that the injury triggered the loss in wages and it was proximately related to the accident. To determine your lost wages, you need to determine your average weekly wage (AWW), which is the amount of money that you earned prior to your accident. This can be done by looking over your previous pay receipts. A lawyer can help find the right documents to prove your claim. Include both your salaries when you have more than one employer or multiple sources of income. It is also important to include any financial benefits that you are entitled to, like retirement and health insurance or bonuses. It is possible that you will not be in a position to return to your job or you may only be able to do so in a reduced capacity, based on the nature of the injury. If you find yourself in this scenario the insurance company might have to provide temporary benefits like an annual fixed payment that is which is based on a percentage of your wage. You could be eligible for reimbursement for the time you worked off (PTO) that you used while you were recovering from your injuries. The value of PTO is generally thought to be equal to the equivalent of a day's wage. Another factor to be considered when the calculation of your lost wages is the cost of any work-related expenses you have incurred. This can include any transportation or meals that you require to recover. While workers' compensation provides you with the required medical care and compensation for missed wages, it does not cover future lost earnings. If your injury prevents your from working in the same field or earning the same amount you earn, you are able to claim compensation by filing an additional claim known as “lost earnings capacity.” You'll have to prove that your accident has affected your ability to pursue your career path. Medical bills Many people are shocked by the cost of a hospital stay, especially if it is an emergency room visit. Outpatient treatment can be expensive. This is because medicine is a profit-making business, and doctors have to pay for their expenses and turn profits. As a result they have the right to put a lien on your personal injury settlement or award to recuperate the amount they were paid. Medical bills are included in the compensation claim for injuries caused by negligence. In the majority of cases, the at-fault person and their insurance company reimburse the medical bills. However, in the event of a delay of a car accident case it is your responsibility to pay these medical bills. When El Monte injury lawsuits (PIP) has reached the limit of $2,200 or $8,000, you can use your health insurance plan to pay the rest of your medical expenses. However, it is important to have your health insurance's contact details in the file of your medical professional to ensure that these bills get paid to 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 will be responsible for the bills in the event that you receive an injury settlement. It is also essential to make sure that you tell your accident attorney about all the doctor's offices, physical therapists' and other medical providers you have visited. Your lawyer may be unaware of these and may not be able to collect the amounts owed from your settlement. An injury lawsuit may help you recover from the physical and emotional trauma you've suffered due to the negligence of others. You may be able to claim compensation for your injuries, or the loss of someone you love when you can prove that other party's negligence caused it. This includes medical bills, lost wages, and other damages that are not economic, such as pain and discomfort. Pain and suffering As opposed to the economic damages, like medical bills and loss of income, it is difficult to put a dollar value on pain and suffering. This is why it is important to have a skilled attorney who can show the jury how your accident has affected you. Evidence such as photos, witness testimony, and copies of your medical records can help. Informing the jury that your injury has impacted your lifestyle and prevented your from engaging in hobbies and other activities can be a significant factor. Your lawyer may use one of two standard methods to determine your pain and suffering, which are the Multiplier method or the Per Diem method. The Multiplier method totals up all your monetary damages and multiplies the amount by a number between one and five, based on the severity of your injuries. The Per Diem method assigns a specific amount of money to each day that you were injured, and then multiply that number by the total days it will take you to reach your full recovery. These are just two of the many elements that your lawyer will take into consideration to determine a fair settlement amount for your pain and suffering. Pain and suffering is not something that can be analyzed by a computer or algorithm therefore the personal injury case requires a careful evaluation of the unique factors that affect each victim's particular situation. In addition to assessing the physical pain you are experiencing, mental anguish and emotional distress must be considered. This includes emotions like grief, depression and anxiety. Severe mental pain can even include PTSD or post-traumatic stress disorder. A psychologist or other expert can testify to your injury and how it has affected your life. This can be done via written reports or face-to-face testimony. The more information 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. While most personal injuries involve accidents, you may also pursue an action against someone who has intentionally hurt you. This type of negligence claim can be called a civil tort. Although these types of claims are rare but there are a myriad of types of civil torts that could be filed such as wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages A financial amount paid to someone in compensation for an injury may assist them in getting back on their feet following an accident. It can also compensate more intangible losses, such as pain and suffering. Typically the damages are paid by the defendant as an insurance settlement or by the judge or jury in court cases. In general there are two kinds of damages: compensatory or punitive. Compensatory damages compensate a plaintiff for their actual costs. They are offered in almost every personal injury case. Punitive damages are used to punish criminals and deter future similar behavior. When seeking compensation, it is essential to include not only the losses that have occurred in the past, such as medical bills and lost wages, but also estimates of future losses and expenses. This includes prescription medications as well as future surgeries, and other unforeseen costs. It is also important to think about how the injury has impacted your quality of life. For example, if you can no longer play with your kids or take part in other activities you normally do, it is important to take into account the losses. Add up the costs and the wages you have missed to get a simple calculation of your losses from the past. To estimate the future medical bills and lower earning power, you'll need medical note from a doctor that outlines the amount of time you'll be unable to work and your typical hourly rate. You can then divide the number days between the date of your medical improvement's maximum and the date of your expected return to work, using this daily rate, to calculate the estimated loss of income. You could also be entitled to compensation for “loss or consortium” when your accident has caused emotional stress in your relationship with your spouse or other loved ones. It's difficult to put a price on suffering and pain however, you should receive an adequate and fair amount of compensation for your injury. Most often, this type of damages will be based on a judge or jury's judgment, rather than on concrete evidence. Your lawyer can explain it in detail and help you determine the amount of damages you are entitled to.