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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live your life. You may feel overwhelmed with the consequences of your injuries, from medical bills and income loss to pain and suffering. Certain costs, like your medical expenses or lost wages, are simple to estimate. Others are more subjective, like your suffering and pain. Lost wages Injuries that cause loss of income can be devastating. Many households depend on wages for basic living expenses, such as rent or mortgage payments, groceries and utilities. In New York, injured workers are able to file a personal injury claim against the driver who was at the fault to receive compensation for their lost wages. However the claim's success depends on the evidence that the injury was the cause of the loss of wages and that it was directly connected to the crash. The first step in calculating the loss of your earnings is to find the average weekly wage (AWW) that you earned prior to your injury. This can be accomplished by looking at your past pay stubs. An attorney can assist you to gather the required documents to prove your claim. Include both wages when you have more than one employer or have multiple sources of income. Include any financial benefits you are entitled to, like retirement benefits, health insurance or bonuses. You may not be capable of returning to work, or you may only be able to perform the job in a limited capacity, based on the nature of your injury. If you find yourself in this scenario, the insurance company will have to provide you with temporary benefits, for example, a weekly fixed payment which is based on a percentage of your average weekly income. You could also be entitled to reimbursement for the paid time off (PTO) which you utilized while you were recovering from your injuries. The value of PTO typically equals one day's wage. Another aspect that must be considered when making a calculation of your lost wages is the cost of any work-related expenses you incurred. This could include transportation, meals, or equipment needed for your recovery. Workers' compensation will not guarantee future earnings. If your injury stops you from working in the same field or earning the same salary you earn, you can seek compensation under an additional claim known as “lost earnings capacity.” You'll be required to prove your injury has impacted your ability to pursue your desired career path. Medical bills Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. The cost of outpatient treatment can also be very high. This is because medicine is for-profit and doctors must pay their expenses in order to earn a profit. They therefore have the right to put a lien on your personal injury settlement in order to recover the amount that they have been paid. Medical bills are included in the compensation claim for injuries resulting from negligence. In most instances, the person at fault and their insurance company will pay these medical bills. However, in the event of a delay of a case involving a car accident, it is your responsibility to pay the medical bills. When your personal injury protection (PIP) has reached the limit of $2,200 or $8,000, you can use your health insurance to pay the remainder of your medical expenses. However, it is important to have your health insurance contact information on file with your medical provider to ensure that the bills are sent to them for payment. Additionally, you must be sure that the medical providers you have been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not you'll be accountable for paying the bills when you receive your personal settlement for injury. It is also crucial to 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 might not be able to collect the amounts that are due from your settlement. An injury lawsuit may aid you in recovering from the physical and emotional trauma you've experienced as a result the negligence of other people. In the event that you can prove that another person's negligence is the cause of your serious injuries or the death of a loved ones, you can seek damages to pay for medical bills, lost wages and other losses that are not economic, such as pain and suffering. Pain and suffering Unlike economic damages, such as medical bills and loss of income, it is difficult to determine a dollar amount on pain and suffering. This is why it's essential to hire a skilled lawyer who can explain to the jury how your accident has affected you. Evidence like witness testimony or copies of your medical records and photos could be useful. However, describing to the jury how your injury affected your life and hindered you from engaging in hobbies and activities can also make a significant impact. Your lawyer can employ either the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method takes all the damages you've suffered financially and then multiplies that amount by a number that ranges between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific dollar amount to each day you suffered an injury and then multiplies the amount by the total days that it will take to recover fully. These are only two of the many elements that your lawyer will consider to determine a fair settlement amount for your pain and suffering. It isn't something that can be analyzed by a computer or algorithm, so a personal injury case requires careful consideration of the particular elements that impact the individual victim's circumstance. In addition to evaluating the physical pain you are experiencing mental anguish and emotional distress should be taken into consideration. Allen injury attorneys You Tube includes emotions like grief, depression, fear, anxiety and shock. Post-traumatic stress disorder (PTSD) is a serious mental disorder that can cause extreme mental pain. The best method to prove your loss of enjoyment of life is to have a qualified expert, such as a psychologist, testify about how the injury has affected you. This can be done through written reports or through face-toface testimony. The more information you have the greater chance it is that your lawyer will be able to get you a larger amount of compensation for your suffering and pain. You may sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This type of negligence claim is described as a civil tort. Civil torts are not unheard of, even though these claims are rare. They include medical negligence, wrongful death dog bite injuries, and defamation suits. Damages After an accident, a monetary award can assist someone in getting back on their feet. It could also be used to compensate for intangible losses, such as pain and suffering. Typically the damages are paid by the defendant in an insurance settlement or by the jury or judge in a court case. Generally, there are two categories of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for their actual expenses. They are available in almost every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. It is essential to include future costs and expenses when requesting compensation. This includes prescription drugs, future surgeries and any other unexpected costs. It is also important to take into consideration how the injury has affected your quality of life. It is essential to take into account the losses you suffer if, for example you are unable play with your children or participate in other activities you enjoy. The most straightforward way to calculate past losses is by simply adding up the amount you've spent and the amount you've lost. To calculate the future medical expenses and earnings potential that are less you'll need the doctor's note indicating the length of time you'll be out of work and your hourly rate. You can then divide the number days between the date of your greatest medical improvement and the date of your expected return to work, using this daily rate, to calculate the estimated loss in income. In addition, if the incident has affected your relationships with family members, you could be eligible for compensation for the loss of companionship or “loss of consortium.” This type of compensation is intended to ease the emotional pain caused by the effect an injury can have on your relationship with your spouse and other loved ones. It's hard to determine the value of suffering and pain, but you deserve the full and fair compensation for your injury. This category of damages is often based on the judge's or jury's decision rather than hard evidence. Your lawyer can explain it in detail and assist you in determining the amount of damages you're entitled to.