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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 the cost of medical bills and lost wages to pain and suffering, you may feel overwhelmed by the effects of your injuries. Some costs are easy to calculate, like your medical expenses or time off work. Certain costs are subjective, like your suffering and pain. Loss of wages The loss of income resulting from injuries can be devastating. Many families rely on their income to pay essential expenses like rent or mortgage payments and food items. In New York, injured workers might be able to file a personal injury lawsuit against the driver at fault to claim the cost of lost wages. A successful claim requires proof that the injury was the reason of the wage loss and that it is directly related to the accident. To calculate your lost wages, you must first 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 receipts. An attorney can help gather the required documents to prove 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 additional financial benefits you're receiving, such as bonuses and health insurance, as well as retirement contributions. You may not be capable of returning to work or might only be able to do so in a reduced capacity, depending on the nature of the injury. If you find yourself in this situation the insurance company has to provide you with temporary benefits, such as a fixed payment each week that is based on the percentage of your average weekly earnings. You could also be entitled to reimbursement for your paid time off (PTO) that you used during the time you were recovering from your injuries. The value of PTO typically equals one day's wages. Another factor that needs to be taken into account when calculating your lost wages is the costs of any expenses related to work you incurred. This could include the cost of any transport, meals or other equipment needed for your recovery. Workers' compensation doesn't cover future earnings. If your injury stops you from working in the same field or at the same wage you may be eligible for compensation for future losses using another process known as “lost earning capacity.” In order to be able to prove this claim, you will need to present evidence of the impact that your accident has had on your ability to pursue a specific career direction. Medical bills Many people experience sticker shock when they see the costs of hospital visits, especially an emergency room visit. Outpatient treatment can be expensive. This is due to the fact that the medical profession is a business and doctors must pay their costs in order to make a profit. Therefore they have the right to place a lien on your personal injury settlement or award in order to recover the amount they were charged. Medical bills are deemed to be a part of the claim to compensation for injuries caused by the negligence of another. In the majority of cases, the at-fault person and their insurance company reimburse the medical bills. However, during the pendency of a car crash case, it is your responsibility to pay for medical expenses. After your personal injury coverage (PIP) has exhausted its limit of $8,000 or $2,200, you can use your health insurance plan to pay the rest of your medical expenses. However, it's important to have your health insurance's contact details in the file of your medical professional to ensure that these bills get sent to them for payment. It is also important to confirm that the medical providers who have treated you are licensed to do so by the Workers' Compensation Board. If they're not, you'll be held accountable for the expenses should you ever receive an injury settlement. It is also crucial to ensure that you inform your attorney about all of the doctor's offices, physical therapists and other medical professionals you've been to. Your lawyer may not be aware about them, and might not be able to collect the amounts that are due from your settlement. An injury lawsuit may help you recover from the emotional and physical trauma that you have suffered as a result the negligence of other people. You may be able to claim compensation for your injuries, or the death of someone you love, if you can prove that negligent party caused the injury. This includes medical bills, lost wages, and other damages that are not economic, such as discomfort and pain. Suffering and pain Pain and suffering are difficult to quantify in terms of dollars. This is because they aren't economic damages like medical expenses or loss of income. It is important to hire a lawyer who is able to explain to a juror how your injuries affected your life. The presence of evidence like photos, witness testimony, and copies of your medical records can help. However, explaining to the jury how your injury has impacted your lifestyle and hindered you from engaging in hobbies and activities can also make a significant impact. Your lawyer may use one of two methods to determine the amount of your pain and suffering, which are the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you've suffered financially and multiplies that number by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money to every day you've been injured, and multiplies this number by the number days it will take to fully recover. Your lawyer will consider many factors to determine the fair settlement amount to compensate you for your discomfort and pain. The pain and suffering of a person is not something that can be calculated by a computer or algorithm and a personal injury case requires a careful analysis of the unique factors that affect each victim's situation. It is also important to consider your mental anguish, emotional suffering and physical pain. This includes feelings like depression, grief and anxiety. Mental pain that is severe can include PTSD, or post-traumatic stress disorder. The best method to prove your loss of enjoyment is to have a qualified expert such as a psychologist, testify about how the injury has affected you. This can be done with written reports and through face-to-face testimony. The more information you can provide the better chance it is that your attorney can get you a larger amount of compensation for your suffering and pain. While Pharr injury lawsuits of personal injury cases involve accidents, you can also pursue a lawsuit against someone who deliberately harmed you. This type of negligence claim is known as a civil tort. Although these types of claims aren't common, there are many types of civil torts that could be filed for, including wrongful death, medical malpractice dog bite injuries and defamation lawsuits. Damages A financial amount paid to a person as compensation for an injury could help them get back on their feet after an accident. It could also cover more intangible losses like suffering and pain. Typically, damages are paid by the defendant as an insurance settlement or by a jury or judge in a court case. In general there are two types of damages: compensatory and punitive. Compensation damages are those that reimburse a plaintiff for their actual costs. They are available in nearly every personal injury case. Punitive damages penalize wrongdoers and prevent future similar actions. 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. This includes prescription drugs, future surgeries and any other unexpected costs. It is also important to take into account the consequences of your injury to your quality of life. For instance, if you are unable to play with your kids or take part in other activities you normally take part in, it is essential to consider the loss. The easiest method to estimate past losses is by simply adding up the amount you've paid and the wages you've missed. To calculate the future medical expenses and the potential for earnings loss, you'll require an official letter from your doctor stating how long you will be absent from work and the average hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the expected return to work, using this daily rate to calculate the estimated loss of income. Additionally, if the accident has damaged your relationships with family members, you could 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 family members. The pain and suffering of a person is difficult to quantify, but you deserve fair compensation. This type of compensation is usually determined by the judge's or jury's decision instead of hard evidence. Your lawyer can explain this in more detail and help you determine the amount of damages you are entitled to for your injuries.