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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. From the cost of medical bills and lost wages to pain and suffering, you may feel overwhelmed by the consequences of your injuries. Certain costs, such as your medical expenses or lost wages, are easy to estimate. Others are more subjective, such as your suffering and pain. Lost wages Injuries that result in a loss of income can be catastrophic. Many families rely on their income to pay the essential costs of living, such as mortgage or rent payments as well as food items. In New York, injured workers might be eligible to file a personal injury lawsuit against the at-fault driver to claim the cost of lost wages. A successful claim will require evidence that the injury was the cause of the wage loss and that it is directly connected to the accident. The first step in calculating your lost wages is to calculate the average weekly wage (AWW) that you earned prior to your injury. This can be accomplished by looking over your old pay statements. An attorney can assist you to gather the required documents to prove your claim. If you have more than one employer or have several sources of income, it is important to include both salaries in your AWW calculation. It is also helpful to include any other financial benefits you're receiving, such as bonuses and health insurance, as well as retirement contributions. Depending on the nature of your injury, you might be not able to return to work in any way or be able to return at an unassailable level. If you are in this circumstance the insurance company might be required to provide temporary benefits like weekly fixed payments that is based on a specific percentage of your income. You may be eligible for reimbursement for the paid time off (PTO) that you took while you were recovering from your injuries. The value of PTO is usually thought to be the equivalent of one day's salary. Another factor to be taken into account when making a 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 for your recovery. While workers' compensation provides you with the necessary medical care and compensation for your current missed wages, it cannot cover future lost earnings. If your injury prohibits you from working in the same field or with the same pay, you can request compensation for future losses through another process known as “lost earning capacity.” In order to prove this claim, you will need to prove the impact your injury has had on your capacity to pursue a particular career path. Medical bills Many people are shocked when they learn of the price of hospital visits, especially an emergency room visit. The cost of outpatient treatment can be quite expensive. This is because medicine is a profitable business, and doctors must pay for their expenses and turn profits. In turn, they are entitled to put a lien on your personal injury settlement or award to recuperate the amount they've been billed. Medical bills are deemed to be a part of the claim to compensation for injuries caused by the negligence of another. They are usually reimbursed by the party at fault and their insurance company. You are accountable for paying these medical bills during the time that the case is pending. When your personal injury protection (PIP) has exhausted its $8,000 or $2,200 limit You can then use your health insurance to pay the remainder of your medical expenses. It is essential to keep your health insurance information on file at the medical provider in order to be able to pay these bills directly to them. Additionally, you must ensure that any of the doctors you've been seeing are authorized 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 your personal injury settlement. It is also crucial to ensure that you inform your attorney about all of the doctors' offices, physical therapists and other medical providers you have been to. Your lawyer might not be aware about them and may not be able to recover the amount owed from your settlement. A lawsuit for injury can aid you in recovering from the emotional and physical trauma you've suffered as a result the negligence of others. By proving that the other person's negligence caused of your serious injuries or the death of a loved ones you can seek damages to pay for lost wages, medical bills and non-economic losses like pain and suffering. Pain and suffering Unlike economic damages, like medical bills and loss of income It is hard to put a dollar value on pain and suffering. This is why it's essential to hire a skilled attorney who can explain to jurors how your injury has affected your life. Having evidence such as photos, witness testimony and copies of your medical records could help. Informing the jury that your injury has impacted your life and prevented you from enjoying hobbies and other activities could be a significant factor. Your lawyer can employ either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method takes the amount of money you have lost and then multiplies them by a number ranging between one and five, depending on your severity of injury. The Per Diem method assigns a specific dollar amount for each day you were injured, and then multiply that number by the total days it will take you to reach your full recovery. Your attorney will consider many factors to determine the fair settlement amount for your discomfort and pain. It isn't something that can be calculated using a computer or algorithm, so a personal injury case requires careful consideration of the unique circumstances that impact each victim's particular situation. In addition to assessing the actual physical pain mental anguish and emotional distress must be considered. This includes feelings like grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a severe mental illness that can lead to extreme mental pain. The best method to prove your loss of enjoyment is to have a certified 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 details you provide the more your lawyer can assist you to get a higher compensation for your pain and discomfort. You can sue someone who intentionally injured you, even though the majority of personal injury cases are caused by accidents. This type of negligence claim is known as a civil tort. While these kinds of claims are rare but there are a myriad of types of civil torts that may be filed, including medical malpractice, wrongful deaths and dog bite injuries and defamation lawsuits. Damages A sum of money awarded to someone in compensation for an injury could aid them in getting back on their feet after an accident. It may also be used to compensate for other intangible losses, such as suffering and pain. Typically, damages are paid by the defendant in an insurance settlement or by the jury or judge in court cases. In general there are two types of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual expenses and are offered in nearly every personal injury claim. Punitive damages punish the wrongdoer and discourage similar conduct in the future. When seeking compensation, it is essential to include not only past losses, such as medical bills and lost wages, but also estimated future expenses and losses. YouTube includes prescription drugs, future surgeries and any other unexpected costs. It is important to also consider the consequences of your injury to your quality of life. It is crucial to take into account the loss you experience when, for instance you are unable play with your kids or do other activities that you enjoy. Add up the costs and the wages you have missed to make a quick calculation of past losses. To determine the cost of future medical expenses and the potential for earnings loss You'll need an official letter from your doctor stating 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, by this daily rate, to calculate the estimated loss in income. In addition, if your injury has harmed your relationships with family members, you may be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to alleviate the emotional stress caused by the effect an injury can have on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you should be able to claim fair compensation. Most often, this type of damages will be based on a jury or judge's decision, not on actual evidence. Your attorney can explain this in greater detail and help you determine the level of damages you are entitled to for your injuries.