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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live your life. You might be overwhelmed by the impact of your injuries, from medical bills and lost income to suffering and pain. Some costs are easy to calculate, such as your medical expenses or missed work. Certain costs are subjective, like your suffering and pain. Lost wages Loss of income due to injury can be catastrophic. Many households rely on income to pay for their basic expenses like mortgage or rent payments, groceries 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. However, a successful claim depends on proof that the injury triggered the loss of wages and that it was directly connected to the crash. The first step in calculating your lost earnings is to find the average weekly wage (AWW) that you earned prior to your injury. You can do this by looking over your previous pay stubs. A lawyer can assist you collect the necessary documents to support your claim. Include both salaries in the event that you have more than one employer, or multiple sources of income. It is also important to include any financial benefits that you receive, such as retirement benefits, health insurance or bonuses. You may not be able to return to work, or you might only be able to do so in a reduced capacity, based on the severity of the injury. If you are in this scenario the insurance company will have to provide you with temporary benefits, for example, weekly fixed payments which is based on the percentage of your average weekly earnings. You may also be entitled to reimbursement for your paid time off (PTO) that you took to recover from your injuries. The value of PTO is generally considered to be equal to the equivalent of a day's wage. Another factor to be taken into account when making a calculation of your lost wages is the cost of any work-related expenses you incurred. This could include the cost of transportation, meals, or equipment necessary to help you recover. Workers' compensation is a benefit that provides you with the required medical care and compensation for your current missed wages, it does not cover future lost earnings. If your injury stops you from working in the same field or earning the same salary you earn, you are able to claim compensation through an additional claim referred to as “lost earnings capacity.” You will need to provide evidence that your accident has affected your ability to pursue your career path. Medical bills Many people experience sticker shock when they look at the cost of a hospital visit, especially an emergency room visit. The cost of outpatient care can be high. This is because medicine is a profit-making business and the doctors must pay for their expenses and turn a profit. Therefore they are entitled to levy your personal injury settlement or award in order to recover the amount they have been billed. Medical bills are deemed to be a part of the claim for compensation for injuries caused by the negligent actions of another. In most instances, the person at fault and their insurance company reimburse the medical bills. However, during the pendency of a car accident case it is your responsibility to pay the medical bills. After your personal injury protection (PIP) which has a limit of $8,000 or $2200, is exhausted, you can use the rest of your health insurance coverage to pay your medical expenses. It is crucial to have your health insurance information on the medical provider's file in order to be able to send these bills to them. It is also important to confirm whether the medical professionals who have treated you are licensed to treat you by the Workers' Compensation Board. If they're not, you will be liable for the costs should you ever receive an injury settlement. It is also important to inform your lawyer who handled your accident about all the physical therapists, doctors and other medical professionals that you have visited. Your lawyer may be unaware of them 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 another 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 ones you can seek damages to pay for medical bills, lost wages and other losses that are not economic, such as suffering and pain. Pain and suffering The effects of suffering and pain are difficult to quantify in dollar terms. This is because they are not economic damages like medical expenses or income loss. It is important to hire an attorney who can to explain to a juror how your injury affected you. Evidence such as photos, witness testimony, and copies of your medical records may aid. The jury should be able to understand the way your injury has impacted your life and prevented you from participating in other activities can be a significant factor. Your lawyer could employ one of two standard methods to calculate the amount of your pain and suffering that is the Multiplier method or the Per Diem method. The Multiplier method takes your monetary damages, and multiplies it by a number from one to five dependent on the severity of your injury. The Per Diem method assigns a specific amount of money to each day that you suffered an injury and then multiplies that number by the total days that it will take to fully recover. These are just two of the many aspects that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms can't calculate pain or suffering, which is why each case should be evaluated in a unique. In addition to evaluating the actual physical pain emotional anguish, mental stress and distress should be taken into consideration. This includes emotions such as fear, depression, grief 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 qualified expert like psychologist, testify on how the injury has affected you. This can be done through written reports or through face-toface testimony. The more information you provide the better your lawyer can assist you to get a higher compensation for your pain and discomfort. While the majority of personal injury cases involve accidents, you may also pursue a lawsuit against someone who deliberately harmed you. This type of negligence claim is described as a civil tort. Although these types of claims are rare but there are a myriad of types of civil torts that can be filed such as medical malpractice, wrongful death dog bite injuries and defamation lawsuits. Damages Following an accident, a monetary award can aid someone to get back on their feet. It can also compensate more intangible losses, such as pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by the judge or jury in court cases. Generally, there are two categories of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual expenses and are available in almost every personal injury case. Punitive damages punish wrongdoers and prevent future similar actions. It is important to include future costs and expenses when requesting compensation. Cary injury attorney includes prescription medication, future surgeries and other unexpected costs. It is also important to consider the impact of your injury on your quality-of-life. It is crucial to consider the consequences you face when, for instance you are unable to play with your children or do other activities that you enjoy. The most straightforward way to calculate past losses is by simply adding up the amount you've spent and the amount you've lost. To estimate the future medical bills and lower earning power, you'll need medical note from a doctor that outlines the amount of time you will be in a position to work and your usual hourly rate. Then, you'll be able to divide the number of days between the date of greatest medical improvement and the date when you're expected to return to work by that daily rate to calculate estimated lost earnings. In addition, if your injury has harmed your relationships with your 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 effect an injury has on your relationship with your spouse and other loved ones. It's difficult to put a price on suffering and pain however, you should receive the full and fair compensation for the injury. This category of damages is often based on the judge's or jury's judgement rather than hard evidence. Your attorney can explain it in detail and help you determine the amount of damages you're entitled to.