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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. From the cost of medical bills and lost wages to pain and suffering, you may feel overwhelmed by the effects of your injuries. Certain costs, like your medical expenses or lost wages are straightforward to estimate. Some costs are more subjective, like your suffering and pain. Lost wages Accidents that result in a loss of income can be catastrophic. Many families rely on their wages to cover the essential costs of living, such as mortgage or rent payments, as well as food expenses. In New York, injured workers are able to file a personal injury claim against the driver who was at the fault in order to obtain the lost wages. However the success of a claim is contingent on proof that the injury was the cause of the loss of wages and that it was proximately related 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 statements. A lawyer can help you find the right documents to support your claim. If you have more than one employer or have multiple sources of income, it is essential to include both your salaries in your AWW calculation. It is also beneficial to include any additional financial benefits you're receiving like bonuses and health insurance, as well as retirement contributions. It is possible that you will not be in a position to return to work or might only be able to return in a lesser capacity, depending on the severity of the injury. If you are in this situation, the insurance company will need to provide you with temporary benefits, such as a weekly fixed payment which is based on a percentage of your average weekly earnings. You may also be entitled to a reimbursement of your paid time off (PTO) which you took advantage of to recover from your injury. The value of PTO generally equals one day's wage. Another factor that needs to be taken into account when calculating your lost wages is the cost of any work-related expenses you incurred. This could include the cost of transportation, meals, or equipment necessary for your recovery. Workers' compensation doesn't cover future earnings. If your injury prevents you from working in the same field or with the same pay you may be eligible for compensation for future losses using a separate process called “lost earning capacity.” In order to be able to prove this claim, you'll need to present evidence of the impact your accident has had on your capacity to pursue a particular career path. Medical bills Many people experience sticker shock when they learn of the price of an hospital visit, particularly 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 expenses to earn profits. As a result they have the right to place a lien on your personal injury settlement or award to recuperate 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 acts of another. They are generally reimbursed by the party at fault and their insurance company. In the case of a case involving a car accident, it is your responsibility to pay the medical bills. After Daly City injury lawsuit www.youtube.com (PIP) that has an amount of $2200 or $8,000 is exhausted, you are able to make use of the remaining health insurance policy to cover your medical expenses. It is crucial to have your health insurance information in the the medical provider's file to allow them to send these bills to them. In addition, you should be sure that the doctors you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they are not, you'll be liable for the costs if and when you receive a personal injury settlement. You should also tell your lawyer for accidents about all the doctors, physical therapists and other medical professionals that you have visited. Your lawyer may not know about them and may not be able to collect the amounts that are due 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 or another, a lawsuit for injuries can be a great help. In the event that you can prove that another person's negligence caused of your serious injuries or the death of a loved one you could seek damages to pay for lost wages, medical bills and non-economic losses like pain and suffering. Suffering and pain Pain and suffering are difficult to quantify in terms of dollars. This is because they are not economic damages like medical expenses or loss of income. This is why it's important to have a skilled lawyer who can explain to jurors how your injury has affected you. Having evidence such as photos, witness testimony and copies of your medical records could assist. However, describing to the jury how your injury has impacted your lifestyle and hindered you from engaging in sports and hobbies can make a significant impact. Your lawyer can employ either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method adds up the amount of money you have lost and then multiplies them by a number that ranges from one to five depending on the severity of your injury. The Per Diem method assigns a specific amount of money to each day you were injured, and then multiply the sum by the number of days that it will take to recover fully. Your lawyer will take into account many aspects to determine the appropriate settlement amount for your discomfort and pain. Computers and algorithms can't measure the intensity of pain or suffering, therefore each case must be evaluated individually. You should also consider your mental anguish, emotional discomfort and physical pain. This includes feelings like grief, depression, fear and anxiety, as well as shock. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. A psychologist or other expert can testify about the severity of your injury and how it has affected you. This can be done via written reports or through face-toface testimony. The more details you provide, the better your lawyer can assist you to get a higher compensation for your discomfort and pain. You can sue someone who has intentionally injured you, even though the majority of personal injury cases are caused by accidents. This type of negligence claim is described as a civil tort. While these kinds of claims are not common however, there are a variety of civil torts that could be filed such as wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can help someone get back on their feet. It can also compensate for more intangible losses such as suffering and pain. Damages are typically paid through an insurance settlement or by jurors or judges when the case is in the court. In general, there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual costs and are available in nearly every personal injury lawsuit. Punitive damages penalize wrongdoers and deter future similar behavior. It is crucial to include future costs and expenses when requesting compensation. This includes prescription medications as well as future surgeries and unexpected expenses. It is also crucial to think about how the injury has impacted your life quality. It is important to take into account the consequences you face in the event that, for instance you are unable play with your children or participate in other activities you love. Add up your costs and the wages you have missed to calculate a straightforward calculation of past losses. To calculate the future medical expenses and the potential for earnings loss You'll need an official letter from your doctor stating how long you will be off work and the average hourly rate. Then you can divide the number of days between your date of maximum medical improvement and the date when you're expected to resume work by the rate you earn daily to calculate estimated lost earnings. You could also be entitled to compensation for “loss or consortium” in the event that your accident has caused emotional stress in your relationship with your spouse or other family members. It's hard to determine the value of suffering and pain, but you deserve the full and fair compensation for the injury. In most cases, this category of damages will be determined on a jury's or judge's judgment rather than on hard evidence. Your attorney can explain this in detail and help determine the amount of damages you are entitled to.