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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 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 medical expenses or the cost of missing work. Others are more subjective, such as your pain and suffering. Lost wages Injuries that result in a loss of income can be devastating. Many households depend on wages to cover basic expenses like mortgage or rent payments, food and utilities. In New York, injured workers can file a personal injury claim against the driver who was at the fault to receive 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 linked to the accident. To calculate the lost wages, you need to determine your average weekly wage (AWW), which is the amount that you earned prior to your accident. You can do this by looking at past pay stubs. An attorney can help gather documents to support your claim. Include both salaries if you have more than one employer or multiple sources of income. It is also advisable to include any additional financial benefits you are receiving such as bonuses, health insurance or retirement contributions. You may not be in a position to return to work or might only be able to do so in a reduced capacity, based on the nature of your injury. If you're in this situation the insurance company might require you to pay temporary benefits such as an annual fixed payment that is which is based on a percentage of your income. You could also be entitled to reimbursement for your paid time off (PTO) which you utilized to recover from your injuries. The value of PTO is generally thought to be the equivalent of a day's wage. Another factor that needs to be considered when calculating your lost wages is the cost of any work-related expenses you incurred. This includes any travel, meals, or equipment that you require to recover. While workers' compensation can provide you with the necessary medical care and compensation for your current missed wages, it doesn't guarantee future lost earnings. If your injury hinders you from working in the same field or earning the same salary you earn, you may apply for compensation by filing an additional claim known as “lost earnings capacity.” You'll need to provide evidence that the accident has affected your ability to pursue your career path. Tracy injury lawyers feel sticker shock when they look at the cost of an hospital visit, particularly an emergency room trip. The cost of outpatient care can be high. This is because medicine is a for-profit business and the doctors must cover their costs and 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've been charged. Medical expenses are part of the compensation claim for injuries caused by negligence. They are generally reimbursed by the party responsible for the accident and their insurance company. However, in the event of a delay of a case involving a car accident it is your obligation to pay for medical expenses. After your personal injury protection (PIP) that has the limit of $8,000 or $2200 is exhausted, you can take advantage of the remainder of your health insurance policy to cover your medical expenses. It is crucial to have your health insurance information on file at the medical provider so that they can send them the bills. Additionally, you must be sure that the doctors you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they aren't, you'll be responsible for paying the bills once you receive the personal settlement for your injury. You should also tell your accident lawyer about the doctors, physical therapists, and other medical providers you've visited. Your lawyer might not be aware about them, and might not be able collect the amounts that are owed from your settlement. Although there is no way to fully make up for the physical and emotional trauma you've experienced because of the negligence of someone else the other party, a lawsuit for injury can help. In the event that you can prove that another person's negligence caused 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 pain and suffering. Suffering and pain As opposed to the economic damages, such as medical bills and income loss It is hard to determine a dollar amount on pain and suffering. This is why it is essential to hire a skilled attorney who can explain to a jury how your injury has affected your life. Evidence such as witness testimony, copies of your medical records, and photos could be useful. The jury should be able to understand the way your injury has impacted your life and prevented you from enjoying hobbies and other activities could be a significant factor. Your lawyer could employ one of two standard methods to determine your suffering and pain, which are the Multiplier method or the Per Diem method. The Multiplier method takes all the damages you have incurred and multiplies that number by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific dollar amount for each day that you were injured and multiplies that number by the total days it will take you to recover fully. These are just two of the many factors that your lawyer will take into consideration to determine the most fair amount of settlement for your pain and suffering. Computers and algorithms can't calculate pain or suffering, which is why every case has to be assessed individually. You should also consider your mental stress, emotional suffering and physical pain. This includes emotions like grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a severe mental illness that can lead to extreme mental pain. A psychologist or other expert can testify about your injuries and how it has affected you. This can be done via written reports or through face-toface testimony. The more information you can provide, the more likely it is that your attorney will be able to secure you a greater amount of compensation for your suffering and pain. Although the majority 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. Civil torts are not uncommon even though they are uncommon. They include medical negligence, wrongful death dog bite injuries, and defamation lawsuits. Damages A sum of money awarded to someone in compensation for their injury can aid them in getting back on their feet following an accident. It could also cover more intangible losses such as pain and suffering. Typically the damages are paid by the defendant in an insurance settlement or by a jury or judge in court cases. In general there are two types of damages: punitive and compensatory. Compensatory damages pay the plaintiff for actual costs and are offered in nearly every personal injury claim. Punitive damages are used to punish the perpetrator and prevent similar actions in the future. When seeking compensation, it is crucial to include not just 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 drugs, future surgeries and any other unforeseeable costs. It is also important to take into account the effects of your injury on your quality of life. It is crucial to consider the losses you suffer in the event that, for instance you are unable play with your children or engage in other activities you love. Add up the costs and the wages you have missed to get a simple calculation of losses in the past. To calculate the future medical expenses and earnings potential that are less you'll need an official letter from your doctor stating how long you will be off work and the average hourly rate. You can then divide the number of days between the date of your maximum medical improvement 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 your family members, you could be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This type of compensation is designed to alleviate the emotional stress caused by the impact an injury has on your relationship with your spouse and other family members. Pain and suffering are difficult to quantify, but you should be able to claim fair compensation. This type of damage is usually determined by the judge's or jury's judgment instead of hard evidence. Your attorney can explain it in detail and assist you in determining the amount of damages you are entitled to.