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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the ways you live your life. From medical bills and lost wages to pain and suffering, you may feel overwhelmed by the impact of your injuries. Certain costs, like your medical expenses or lost wages, are easy to determine. Certain costs are subjective like your suffering and pain. Lost wages Injury-related income loss can be a devastating loss of income. Many households rely on wages for basic living expenses like mortgage or rent payments, groceries and utilities. In New York, injured workers are able to file a personal injury claim against the driver at fault to recover compensation for lost wages. However the claim's success depends on the evidence that the injury caused the loss of wages and that it was directly connected to the crash. The first step to calculate your lost wages is to determine the average weekly wage (AWW) that you earned prior to your injury. This can be done by looking over your old pay statements. An attorney can assist you to gather the required documents to prove your claim. Include both your salaries if you have more than one employer, or have multiple sources of income. It is also helpful to include any additional financial benefits you receive like bonuses, health insurance or retirement contributions. Based on the nature of your injury, you might be unable to return to work at all or can only return to an unassailable level. If you are in this circumstance the insurance company might require you to pay temporary benefits, such as a weekly fixed payment that is based on a specific percentage of your income. You could also be entitled to reimbursement for the time you worked off (PTO) that you used while you were recovering from your injuries. The value of PTO typically equals one day's wages. When calculating your lost wage take into account the work-related expenses you have to pay. This includes any travel or meals required for your recovery. Workers' compensation is a benefit that provides you with the medical treatment and compensation for the loss of your current wages, it cannot provide for future earnings. If your injury prevents you from working in the same field or with the same salary, you can request compensation for future losses via an additional process known as “lost earning capacity.” To prove your claim, you'll need provide evidence of the impact your accident has had on your ability to pursue a particular career direction. Medical bills Many people feel sticker shock when they look at the cost of a hospital visit, especially an emergency room trip. The cost of outpatient care can be high. This is due to the fact that the medical profession is a business and doctors have to cover their expenses in order to make profit. They therefore have the right to put a lien on your personal injury settlement to recover the amount they've been assessed. Medical bills are considered to be part of the claim for compensation for injuries caused by the negligence of another. They are usually refunded by the party responsible for the accident and their insurance company. You are accountable for paying these medical expenses during the time that the case is pending. After your personal injury coverage (PIP) which has a limit of $2200 or $8,000 is exhausted, you are able to use the rest of your health insurance coverage to pay your medical expenses. It is crucial to have your health insurance information in the the medical provider's file to allow them to send them the bills. In addition, you should ensure that any of the doctors you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they're not then you'll be responsible for the cost of treatment when you receive the personal injury settlement. You should also inform your lawyer for accidents about the doctors, physical therapists, and other medical providers that you have visited. Your lawyer might not be aware about them and might not be able recover the amount due from your settlement. While there is no way to fully make up for the emotional and physical trauma you have experienced due to the negligence of someone else, an injury lawsuit can be a great help. If you can prove that the other person's negligence is the cause of your serious injuries or the death of a loved one you may seek damages to compensate for the loss of wages, medical expenses and non-economic losses like suffering and pain. Suffering and pain The effects of suffering and pain are difficult to quantify in dollars. This is due to the fact that they are not economic damages, like medical bills or loss of income. This is why it's important to have a skilled attorney who can explain to the jury how your accident has affected your life. Evidence such as witness testimony and medical records and photos could be useful. But, describing to the jury how your injury affected your life and caused you to be unable to enjoy hobbies and activities can also make a significant impact. Your lawyer may use the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method is a method of adding up the amount of money you have lost and then multiplies it by a number ranging between one and five, dependent 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 to fully recover. Your attorney will take into account many aspects to determine the appropriate settlement amount for your pain and discomfort. Computers and algorithms can't calculate the intensity of pain or suffering, therefore every case has to be assessed individually. In addition to evaluating the physical pain you are experiencing, mental anguish and emotional distress should be taken into consideration. This includes emotions such as fear, depression, grief, anxiety and shock. Santa Fe injury lawsuits can even include PTSD or post-traumatic stress disorder. A psychologist or another expert can testify to the severity of your injury and how it has affected your life. This can be done via written reports or through face-toface testimony. The more details you have, the more likely it is that your lawyer can get you a larger amount of compensation for your pain and suffering. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are caused by accidents. This kind of negligence claim is known as a civil tort. Civil torts are not unheard of, even though these claims are not common. They include medical negligence, wrongful deaths as well as dog bite injuries. defamation suits. Damages A monetary sum awarded to a person as compensation for their injury can aid them in getting back on their feet after an accident. It may also cover intangible losses like pain and suffering. Damages are usually paid by an insurance settlement or by the judge or jury when the case is in the court. Generally there are two types of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual costs and are offered in nearly every personal injury case. Punitive damages punish wrongdoers and discourage future similar conduct. It is essential to include future costs and expenses when requesting compensation. This includes prescription medications, future surgeries, and any other unexpected costs. It is also important to think about the effects of your injury on your quality-of-life. For example, if you cannot play with your kids or take part in other activities you usually do, it is important to consider the loss. The most straightforward way to estimate past losses is by adding up the amount you've spent and the wages you've missed. 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 absent from work and your hourly rate. Then, you can divide the number of days between your date of greatest medical improvement and the date when you're scheduled to resume work by the daily rate to calculate the estimated loss of earnings. You may also be entitled to compensation for “loss or consortium” in the event that your injury has caused emotional stress in your relationship with your spouse or other loved ones. It's hard to determine the value of pain and suffering however, you should receive full and fair compensation for the injury. This type of compensation is usually based on a judge's or jury's decision instead of hard evidence. Your lawyer can explain it in detail and help you determine the amount of damages you're entitled to.