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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the ways you live your life. From the cost of medical bills and lost wages to pain and suffering you might feel overwhelmed by the consequences of your injuries. Some costs are easy to calculate, like medical expenses or the cost of missing work. Some costs are more subjective, such as your suffering and pain. Lost wages Injuries that cause loss of income can be catastrophic. Many households rely on wages for basic living expenses like mortgage or rent payments, groceries and utility bills. In New York, injured workers might be capable of filing a personal injury lawsuit against the driver who caused the accident to seek compensation for 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 injury. This can be accomplished by looking through your previous pay statements. An attorney can help gather documents to support your claim. If you have more than one employer or have multiple sources of income, it is important to include both salaries in your AWW calculation. It is also helpful to include any additional financial benefits you are receiving such as bonuses and health insurance, as well as retirement contributions. Depending on the severity of your injury, you could be not able to return to work or only be able to return to the job at a lower level. If you find yourself in this circumstance, the insurance company has to provide you with temporary benefits, like a fixed payment each week which is based on a percentage of your weekly income. You might also be entitled to reimbursement for your paid time off (PTO) which you utilized during the time you were recovering from your injuries. The value of PTO typically equals one day's salary. When calculating your lost wages, you should also consider any work-related costs that you've to pay. This can include any transportation, meals, or equipment that you require to recover. Workers' compensation doesn't cover future earnings. If your injury prohibits you from working in the same field or with the same salary, you can request compensation for future losses through an additional process known as “lost earning capacity.” To prove your claim, you'll need to prove the impact your injury has had on your ability to pursue a specific career route. Medical bills Many people are shocked by the cost of hospitalization, especially if it is an emergency room visit. The cost of treatment for outpatients can be quite expensive. This is due to the fact that the medical profession is a business and doctors must cover their expenses to make profit. They are therefore entitled to place a lien against your personal injury settlement to recover the amount that they have been paid. Medical bills are considered to be a part of the claim to compensation for injuries caused by the negligent acts of another. In most instances, the person at fault and their insurance company will pay the medical expenses. You are responsible for paying these medical charges during the time that the case is pending. When your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200 you can apply your health insurance to pay the rest of your medical expenses. However, it is important to have your health insurance's contact details in the file of your medical provider to ensure that these bills are sent to them for payment. It is also important to confirm that the medical providers who have treated you are licensed to treat you by the Workers' Compensation Board. If they're not, you'll be responsible for paying the bills once you receive your personal settlement for your injury. It is also important to inform your attorney about all the doctors' offices, physical therapists and other medical professionals you've been to. Your lawyer may not be aware about them and they might not be able to collect the amounts that are due from your settlement. Although there is no way to fully compensate for the emotional and physical trauma you have experienced as a result of the negligence of someone else the other party, a lawsuit for injury can help. You could receive compensation for your injuries, or the death of someone you love in the event that you can prove that the negligent party caused the injury. This includes medical expenses as well as lost wages and non-economic damages like discomfort and pain. Pain and suffering The effects of suffering and pain are difficult to quantify in dollars. This is due to the fact that they are not economic damages, like medical bills or loss of income. youtube.com is essential to find a lawyer who is able to explain to jurors how your injury affected your life. Having evidence such as photos, witness testimony and copies of your medical records could aid. Explaining to the jury the way your injury has impacted your lifestyle and prevented your from engaging in hobbies and 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, which are the Multiplier method or the Per Diem method. The Multiplier method is a method of adding up your monetary damages and then multiplies them by a number between one and five, depending on the severity of your injury. The Per Diem method assigns an amount of money to each day you're injured, and then multiply this number by the number of days it will take to fully recover. Your attorney will consider many factors to determine the fair settlement amount for your pain and discomfort. Computers and algorithms cannot determine pain or suffering, which is why every case has to be assessed in a unique. You should also consider your emotional stress, mental distress and physical pain. This includes emotions such as depression, anxiety, and grief. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. A psychologist or another expert can testify to the severity of your injury and how it has affected your life. This can be done via written reports or face-to-face testimony. The more information you have the greater chance it is that your lawyer can get you a higher compensation award for your suffering and pain. While most personal injury cases involve accidents, you can also bring an action against someone who has intentionally hurt you. This kind of negligence claim is referred to as a civil tort. While these kinds of claims are not common, there are many types of civil torts that could be filed such as medical malpractice, wrongful deaths, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can help someone get back on their feet. It may also be used to compensate for more intangible losses such as suffering and pain. Damages are typically paid through an insurance settlement or jurors or judges if the case is in the court. In general there are two kinds of damages: compensatory and punitive. Compensation damages are those that reimburse the plaintiff for their actual costs. They are available in nearly every personal injury claim. Punitive damages are used to punish criminals and discourage future similar conduct. It is important to include future costs and expenses when requesting compensation. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is also important to consider the effects of your injury on your quality of life. For example, if you cannot play with your kids or take part in other activities that you normally do, it is crucial to consider the loss. Add up your costs and the wages you have missed to get a simple calculation of your losses from the past. However, to calculate future medical bills and reduced earning capacity, you'll need a doctor's note indicating the amount of time you will be unable to work and your usual 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 in income. Additionally, if the accident has damaged your relationships with your 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 alleviate the emotional stress caused by the impact an injury can have on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you deserve fair compensation. This type of compensation is usually based on a judge's or jury's judgment rather than evidence. Your attorney can explain this in more depth and help you decide the amount of compensation you deserve for your injury.