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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the way you live. From medical bills and lost wages to suffering and pain, you may feel overwhelmed by the effects of your injuries. Some costs, such as your medical expenses or lost wages are straightforward to determine. Certain costs are subjective, like your suffering and pain. Loss of wages Injury-related income loss can be devastating. Many families rely on their wages to cover basic living expenses such as mortgage or rent payments, as well as food items. In New York, injured workers may be able to file a personal injury claim against the driver at fault to recover the cost of lost wages. A successful claim requires proof that the injury is the cause of the wage loss and that it is directly related to the accident. The first step in calculating your lost wages is to determine the average weekly wage (AWW) that you earned before your injury. This can be done by looking over your old pay receipts. A lawyer can assist you collect the necessary documents to support your claim. If you have more than one employer or have multiple sources of income, it is crucial to include both wages in your AWW calculation. It is also helpful to include any additional financial benefits you're receiving like bonuses and health insurance, as well as retirement contributions. You may not be in a position to return to work, or you may 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 might require you to pay temporary benefits, such as a weekly fixed payment that is based on a specific percentage of your income. You may be eligible for reimbursement of your paid time off (PTO) that you took advantage of during your recovery from your injury. The value of PTO generally equals one day's salary. When calculating your lost wages, you should also consider any costs related to work that you have to pay. This could include transportation, meals, or equipment needed for your recovery. While workers' compensation provides you with the medical treatment and compensation for your current missed wages, it cannot cover future lost earnings. If Whittier prohibits you from working in the same field or earning the same salary, you can request compensation for future losses using a separate process called “lost earning capacity.” To be able to prove this claim, you will need to prove the impact your accident has had on your capacity to pursue a specific career route. Medical bills Many people experience sticker shock when they see the costs of a hospital visit, especially an emergency room trip. Outpatient treatment can be expensive. This is due to the fact that medicine is for-profit and doctors must pay their expenses in order to earn a profit. Therefore, they are entitled to levy your personal injury settlement or award in order to recover the amount they've been charged. Medical expenses are part of the compensation claim for injuries resulting from negligence. In most cases, the person who is at fault and their insurance company pay the medical expenses. You are responsible for paying these medical bills while the case is pending. When your personal injury protection (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. However, it is important that you have your health insurance's contact information on file with your medical provider to make sure that these bills get paid for by them. In addition, you should 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 liable for the costs in the event that you receive a personal injury settlement. You should also tell your lawyer for accidents about the physical therapists, doctors, and other medical providers who you have visited. Your lawyer might not be aware of these and may not be able collect the amount due from your settlement. Although there is no way to completely compensate for the physical and emotional trauma you've endured as a result of the negligence of another, an injury lawsuit can be a great help. You could receive compensation for your injuries, or the death of someone you love in the event that you can prove that negligent party caused the injury. This includes medical bills or lost wages, as well as other non-economic damages such as pain and discomfort. Suffering and pain As opposed to the economic damages, such as medical bills and loss of income it is difficult to put a dollar value on pain and suffering. It is essential to find a lawyer who is able to explain to a juror the impact of your injury on your life. Evidence such as witness testimony, copies of your medical records and photos are all helpful. But, describing to the jury how your injury affected your life and prevented you from enjoying sports and hobbies can make a significant impact. Your lawyer could employ one of two standard methods to calculate the amount of your pain and suffering that is the Multiplier method or the Per Diem method. The Multiplier method takes the amount of money you have lost, and multiplies it by a number ranging between one and five, depending on the severity of your injury. The Per Diem method assigns an amount of money to each day you were injured, and then multiply this number by the number of days required to fully recover. These are only two of the many aspects that your attorney will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms are unable to calculate pain or suffering, which is why every case has to be assessed individually. You should also consider your mental anguish, emotional distress and physical pain. This includes emotions such as grief, depression and anxiety. Severe mental pain can even include PTSD, or post-traumatic stress disorder. A psychologist or other expert can testify to the severity of your injury and how it has affected your life. This can be done by written reports or in person testimony. The more details you have the greater chance it is that your lawyer will be able to get you a larger amount of compensation for your pain and suffering. You can sue someone who intentionally injured you, even though the majority of personal injury cases involve accidents. This type of negligence claim is referred to as a civil tort. Civil torts are not unheard of even though they are uncommon. They include medical negligence, wrongful deaths dog bite injuries, and defamation lawsuits. Damages Following an accident, a financial award can aid someone to get back on their feet. It can also compensate for other intangible losses, such as suffering and pain. Typically the damages are paid by the defendant as an insurance settlement or by a judge or jury in court cases. In general, there are two types of damages: compensatory or punitive. Compensatory damages reimburse the plaintiff for actual expenses and are available in nearly every personal injury lawsuit. Punitive damages penalize wrongdoers and discourage future similar conduct. When seeking compensation, it is crucial to include not only the losses that have occurred in the past, such as medical bills and lost wages, but also estimated future expenses and losses. This includes prescription medications as well as future surgeries and unexpected costs. It is important to also consider the effects of your injury on your quality-of-life. It is essential to consider the losses you suffer when, for instance you are unable play with your kids or engage in other activities you love. The most straightforward way to estimate past losses is by simply adding up the amount you've spent and the earnings you've missed. However, to estimate future medical expenses and a decrease in earning potential, you'll require a doctor's note indicating the length of time you'll be unable to work and your typical hourly rate. Then you can divide the number of days between your date of maximum medical improvement and the date you're expected to return to work by that daily rate to calculate estimated lost earnings. In addition, if the accident has damaged your relationships with family members, you could be eligible for compensation for the loss of companionship, or “loss of consortium.” This kind of compensation is designed to ease the emotional pain caused by the impact an injury has on your relationship with your spouse and other loved ones. The pain and suffering of a person is difficult to quantify, but you are entitled to fair compensation. This category of damages is usually based on a judge's or jury's judgment instead of hard evidence. Your attorney can explain this in detail and help you determine the amount of damages you deserve.