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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. From medical bills and lost wages to suffering and pain, you may feel overwhelmed by the consequences of your injuries. Certain costs, such as your medical costs or lost wages are easy to estimate. Certain costs are subjective, like your pain and suffering. Loss of wages Injuries that result in a loss of income could be devastating. Many households depend on their wages to cover essential expenses like mortgage or rent payments, as well as food expenses. In New York, injured workers could be capable of filing an injury claim against the at-fault driver to recover the cost of lost wages. A successful claim requires proof that the injury is the cause 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 over your previous pay stubs. An attorney can assist you to gather the required documents to prove your claim. Include both wages when you have more than one employer, or multiple sources of income. It is also beneficial to include any additional financial benefits you are receiving like bonuses and health insurance, as well as retirement contributions. You may not be able to return to your job or you might be able do so in a reduced capacity, depending on the nature of your injury. If you're in this circumstance your insurance provider may be required to provide temporary benefits like weekly fixed payments that is based on a specific percentage of your wage. You may also be entitled to reimbursement of your paid time off (PTO) that you used to recover from your injury. The value of PTO is usually thought to be the equivalent of one day's salary. When you calculate your lost wage it is important to consider any costs related to work that you've to pay. This could include the cost of transport, meals or other equipment required to help you recover. While workers' compensation provides you with the required medical care and compensation for missed wages, it does not cover future lost earnings. If your injury hinders you from working in the same field or earning the same wage you earn, you can claim compensation under an additional claim referred to as “lost earnings capacity.” You'll need to provide evidence that your accident has affected your ability to pursue your chosen career direction. Medical bills Many people feel sticker shock when they learn of the price of a hospital visit, especially an emergency room trip. The cost of outpatient treatment is also quite high. This is because the medical profession is a business and doctors must cover their expenses to earn profit. Therefore, they are entitled to levy your personal injury settlement or award to recuperate the amount they were paid. Medical bills are considered to be a part of the claim to compensation for injuries caused by the negligent actions of another. They are usually reimbursed by the at-fault party and their insurance company. 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 exhausted the limit of $2,200 or $8,000, you can 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 send these bills to them. You should also check that the medical professionals who treated you are licensed to do so by the Workers' Compensation Board. If they aren't you'll be accountable for paying the bills when you receive your personal settlement for injury. You should also tell your lawyer who handled your accident about the physical therapists, doctors and other medical professionals you've visited. Richardson injury attorney may be unaware of these and may not be able to collect amount due from your settlement. Although there is no way to fully cover the emotional and physical trauma you have experienced as a result of the negligence of someone else or another, a lawsuit for injuries could be helpful. By proving that the other person's negligence is the cause of your serious injuries or the death of a loved one you could seek damages to pay for lost wages, medical bills and other losses that are not economic, such as suffering and pain. Suffering and pain Unlike economic damages, like medical bills and loss of income It is hard to put a dollar value on the pain and suffering. It is important to hire an attorney who is able to explain to a juror how your injury affected your life. Evidence such as witness testimony or copies of your medical records and photos are all helpful. However, describing to the jury how your injury affected your life and hindered you from engaging in hobbies and activities can also make a significant impact. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method adds up your monetary damages, and multiplies it by a number ranging from one to five dependent on the severity of your injury. The Per Diem method assigns an amount of money for each day you're injured, and then multiply this amount by the number of days you will need to recover fully. Your attorney will consider a variety of aspects to determine the appropriate settlement amount to compensate you for your pain and discomfort. Computers and algorithms cannot measure the intensity of pain or suffering, therefore each case must be evaluated each case individually. In addition to evaluating your actual physical pain emotional anguish, mental stress and distress should be considered. This includes feelings like depression, grief and anxiety. Severe mental pain can even include PTSD, or post-traumatic stress disorder. The best method to prove your loss of enjoyment of life is to have a trained expert such as a psychologist, testify about how the injury has affected you. This can be done via written reports or through face-toface testimony. The more details you have the better chance it is that your lawyer will be able to get you a larger amount of compensation for your pain and suffering. You can sue someone who intentionally injured you, even though the majority of personal injury cases are caused by accidents. This kind of negligence claim is described as a civil tort. Civil torts are not uncommon however, they are not common. They include medical negligence, wrongful deaths, dog bite injuries and defamation suits. Damages Following an accident, a financial award can assist someone in getting back on their feet. It could also be used to compensate for intangible losses, such as pain and suffering. Damages are usually paid by an insurance settlement, or by jurors or judges if the case is in the court. In general there are two kinds of damages: compensatory or punitive. Compensatory damages compensate a plaintiff for their actual costs. They are available in almost every personal injury claim. Punitive damages are used to punish the perpetrator and discourage similar conduct in the future. When seeking compensation, it is important to include not only past losses, such as medical bills and lost wages, but also estimates of future losses and expenses. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also essential to think about how the injury may have affected your life quality. It is crucial to consider the losses you suffer if, for example, you are unable to play with your kids or do other activities that you love. The easiest way to determine past losses is by adding up the amount you've spent and the wages you've missed. 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 average hourly rate. You can then divide the number days between the date of your medical improvement's maximum and the expected return to work, by this daily rate to calculate estimated lost income. Additionally, if the accident has damaged your relationships with family members, you may be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This kind of compensation is designed to offset the emotional distress caused by the effect an injury has 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. This type of compensation is often based on the judge's or jury's judgement instead of hard evidence. Your attorney can explain this in detail and help you determine the amount of damages you are entitled to.