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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the ways you live your life. You might be overwhelmed by the consequences of your injuries, from medical bills and lost income to suffering and pain. Certain costs are simple to calculate, such as your medical expenses or time off work. Certain costs are subjective, like your pain and suffering. Lost wages Injury-related income loss can be devastating. Many households rely on their wages to cover basic living expenses such as mortgage or rent payments, as well as food expenses. In New York, injured workers are able to file a personal injury claim against the driver who was at the fault in order to obtain compensation for lost wages. A successful claim will require proof that the injury was the reason of the wage loss and that it is directly linked to the accident. The first step to calculate your lost wages is to determine the average weekly wage (AWW) that you earned before your injury. You can do this by looking over your previous pay statements. A lawyer can help you find the right documents to support your claim. Include both your salaries in the event that you have more than one employer, or multiple sources of income. It is also helpful to include any other financial benefits you're receiving, such as bonuses as well as health insurance or retirement contributions. Depending on the nature of your injury, you might be not able to return to work or only be able to return to a reduced capacity. If you're in this situation the insurance company might have to provide temporary benefits such as a weekly fixed payment that is based on a specific percentage of your wage. You may also be entitled to a reimbursement of your paid time off (PTO) which you took advantage of to recover from your injury. The value of PTO typically equals one day's wages. Another aspect that must be considered when the calculation of your lost wages is the cost of any work-related expenses you have incurred. This could include the cost of any transportation, meals, or equipment necessary to help you recover. Workers' compensation will not guarantee future earnings. If your injury prevents your from working in the same field or earning the same amount you earn, you may seek compensation under an additional claim referred to as “lost earnings capacity.” You will need to provide evidence that your injury has impacted your ability to pursue your career path. Medical bills Many people feel sticker shock when they look at the cost of an hospital visit, particularly an emergency room visit. The cost of outpatient treatment is also quite high. It is because medicine is for-profit and doctors must pay their expenses in order to make profits. As a result, they are entitled to levy your personal injury settlement or award to recuperate the amount they've been billed. Medical expenses are part of the compensation claim for injuries caused by negligence. In YouTube of instances, the person at fault and their insurance company will pay the medical expenses. However, during the pendency of a case involving a car accident it is your responsibility to pay these medical bills. Once your personal injury protection (PIP) has reached the limit of $2,200 or $8,000 you can apply your health insurance to pay the rest of your medical expenses. It is essential to keep your health insurance details on your medical provider's records to allow them to send these bills to them. Additionally, you must ensure that any of the medical providers you have been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they aren't, you'll be responsible for the cost of treatment when you receive the personal settlement for injury. You should also tell your accident lawyer about all the doctors, physical therapists, and other medical providers who you have visited. Your lawyer might not be aware about them, and may not be able to collect the amounts that are due from your settlement. Although there is no way to completely make up for the emotional and physical trauma you've experienced due to the negligence of someone else or another, a lawsuit for injuries can help. By proving that the other person's negligence was the cause of your serious injuries or the death of a loved ones you could seek damages to pay for medical bills, lost wages and other non-economic losses such as suffering and pain. Suffering and pain Pain and suffering 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 is crucial to have a competent attorney who can show a jury how your injury has affected you. Having evidence such as photos, witness testimony, and copies of your medical records can aid. Explaining to the jury that your injury has affected your lifestyle and prevented your from engaging in hobbies and other activities can be a significant factor. Your lawyer can use 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 then multiplies them by a number that ranges between one and five, depending on your severity of injury. The Per Diem method assigns an amount of money to each day you're injured, and then multiplies that amount by the number of days it will take to recover fully. Your attorney will take into account many aspects to determine the appropriate settlement amount for your discomfort and pain. Computers and algorithms are unable to calculate the intensity of pain or suffering, therefore each case should be evaluated individually. In addition to evaluating the actual physical pain emotional anguish, mental stress and distress should be taken into consideration. This includes emotions such as fear, depression, grief, anxiety and shock. Mental pain that is severe can include PTSD, or post-traumatic stress disorder. The best method to prove the 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 via written reports or face-to-face testimony. The more information you provide the more your attorney can help you obtain a greater amount of compensation for your pain and discomfort. You can sue someone who intentionally injured you, even if the majority of personal injury cases are caused by accidents. This type of negligence claim is called a civil tort. While these kinds of claims are rare but there are a myriad of types of civil torts that may be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can aid someone to get 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 as an insurance settlement or by the judge or jury in court cases. In general, there are two types of damages: compensatory or punitive. Compensatory damages pay the plaintiff for actual expenses and are available in nearly every personal injury case. Punitive damages penalize wrongdoers and discourage future similar conduct. It is crucial to include future costs and expenses when requesting compensation. This includes prescription medications, future surgeries, and any other unexpected costs. It is also essential to think about how the injury may have affected your quality of life. For instance, if you are unable to play with your children or participate in other activities you normally do, it is important to consider the loss. The easiest method to calculate past losses is simply adding up the amount you've paid and the amount you've lost. To determine the cost of future medical expenses and the potential for earnings loss you'll need a doctor's letter indicating how long you will be out of work and your average hourly rate. Then, you can divide the number of days between the date of greatest medical improvement and the date when you're expected to return to work by the daily rate to calculate the estimated loss of earnings. In addition, if your incident has affected your relationships with your family members, you may be eligible for compensation for the loss of companionship, or “loss of consortium.” This kind of compensation is intended to alleviate the emotional stress caused by the impact an injury has on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you are entitled to fair compensation. This category of damages is usually determined by the judge's or jury's judgment rather than hard evidence. Your attorney can explain this in greater detail and assist you in determining the amount of damages you deserve for your injury.