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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 effects of your injuries, ranging from the cost of medical bills and loss of 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 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 utility bills. In New York, injured workers could be able to file a personal injury claim against the driver at fault to recover compensation for lost wages. A successful claim will require evidence that the injury was the reason of the wage loss and that it is directly connected to the accident. To determine your lost wages, you need to determine your average weekly wage (AWW) which is the amount that you earned prior to your accident. This can be done by looking through your previous pay stubs. A lawyer can help you gather the appropriate documents to support your claim. If you work for 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 other financial benefits you receive, such as bonuses and health insurance, as well as retirement contributions. You may not be capable of returning to work or may only be able to perform the job in a limited capacity, based on the nature of the injury. If you're in this scenario, your insurance company may be required to provide temporary benefits such as a weekly fixed payment that is based on a specific percentage of your average wage. You may also be entitled to a reimbursement of your paid time off (PTO) that you took advantage of during your recovery from your injury. The value of PTO typically equals one day's wages. Another factor that needs to be considered when the calculation of your lost wages is the cost of any work-related expenses you have incurred. This could include transportation or meals that you require to recover. Workers' compensation is a benefit that provides you with the required medical treatment and compensation for missed wages, it does not provide for future earnings. If your injury hinders you from working in the same field or earning the same salary you earn, you are able to claim compensation under an additional claim known as “lost earnings capacity.” You will have to prove that the accident has affected your ability to pursue your desired career track. Medical bills Many people are shocked when they learn of the price of hospital visits, especially an emergency room trip. The cost of treatment for outpatients can be quite high. This is because medicine is for-profit and doctors must pay their costs in order to make profit. As a result, they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they have been paid. Medical bills are included in the compensation claim for injuries caused by negligence. They are generally reimbursed by the at-fault party and their insurance company. In the case of a car accident case, it is your responsibility to pay these medical bills. Once your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200 You can then use your health insurance to pay the rest of your medical expenses. However, it is important that you have your health insurance's contact information on file with your medical professional to ensure that these bills are paid to them. Additionally, you must be sure that the doctors you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they are not, you will be held accountable for the expenses if and when you receive a personal injury settlement. It is also crucial to ensure that you inform your attorney regarding all of the doctors' offices, physical therapists and other medical providers you have been to. Your lawyer may not be aware about them and they might not be able collect the amounts that are due from your settlement. While there is no way to completely compensate for the physical and emotional trauma you've experienced because of the negligence of someone else or another, a lawsuit for injuries could be helpful. If you can prove 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 the loss of wages, medical expenses and non-economic losses like suffering and pain. Suffering and pain Pain and suffering are difficult to quantify in dollar terms. This is due to the fact that they are not economic damages like medical bills or income loss. This is why it is essential to hire a skilled lawyer who can explain to jurors how your injury has affected your life. Evidence such as photos, witness testimony, and copies of your medical records may assist. However, describing to the jury how your injuries have impacted your lifestyle and prevented you from enjoying activities and hobbies can be a major factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method takes your damages in money, and multiplies it by a number ranging from one to five, depending on the severity of your injury. The Per Diem method assigns a specific amount of money to each day that you were injured and multiplies the amount by the total days it will take you to fully recover. These are just two of the many aspects that your lawyer will consider to determine a fair settlement amount for your pain and suffering. The pain and suffering of a person is not something that can be calculated by a computer or algorithm therefore an injury case involving a person requires careful consideration of the unique factors that affect each victim's particular situation. It is also important to consider your mental anguish, emotional suffering and physical pain. This includes emotions like grief, depression, fear and anxiety as well as shock. The most severe mental pain could include PTSD or post-traumatic stress disorder. The best way 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 through written reports or face-to-face testimony. The more information you can provide the better your lawyer can assist you to get a higher compensation for your discomfort and pain. While the majority of personal injury cases involve accidents, you may also pursue an action against someone who has intentionally hurt you. This type of negligence claim is known as a civil tort. Although these types of claims are rare, there are many types of civil torts that could be filed for, including medical malpractice, wrongful deaths and dog bite injuries and defamation lawsuits. Damages Following an accident, a financial award can help someone get back on their feet. It can also compensate more intangible losses such as pain and suffering. Damages are usually paid by an insurance settlement, or by a judge or jury if the case is in court. In general, there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual expenses and are available in nearly every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. When seeking read more , it is important to include not just past losses, such as medical bills and lost wages, but also estimates of future expenses and losses. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is important to also take into account 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 to play with your children or do other activities that you enjoy. Add up your expenses and wages missed to calculate a straightforward calculation of past losses. 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 off work and your average hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the date of your expected return to work by this daily rate to calculate the estimated loss of income. In addition, if your incident has affected your relationships with your family members, you may be eligible to receive compensation for the loss of companionship or “loss of consortium.” This kind of compensation is intended to ease the emotional pain caused by the impact an injury can have on your relationship with your spouse and other loved ones. It is difficult to quantify, but you should be able to claim fair compensation. This type of damage is usually based on a judge's or jury's judgement instead of hard evidence. Your attorney can explain it in detail and assist you in determining the amount of damages you're entitled to.