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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. You may be overwhelmed by the consequences of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Certain costs are simple to calculate, such as your medical expenses or missed work. Certain costs are subjective, like your suffering and pain. Lost wages Accidents that result in a loss of income can be catastrophic. Many households depend on their wages to cover the essential costs of living, such as mortgage or rent payments, as well as groceries. In New York, injured workers may be able to file a personal injury claim against the driver at fault to claim the cost of lost wages. A successful claim will require proof that the injury was the cause of the wage loss and that it is directly related to the accident. The first step to calculate the loss of your wages is to determine the average weekly wage (AWW) that you earned prior to your accident. You can do this by looking at past pay stubs. A lawyer can assist you find the right documents to prove your claim. Include both wages in the event that you have more than one employer or have multiple sources of income. It is also beneficial to include any other financial benefits you receive such as bonuses as well as health insurance or retirement contributions. It is possible that you will not be capable of returning to work or may only be able to perform the job in a limited capacity, depending on the severity of the injury. If you are in this scenario the insurance company might have to provide temporary benefits, such as weekly fixed payments that is based on a specific percentage of your wage. You may be eligible for reimbursement for your paid time off (PTO) which you utilized to recover from your injuries. The value of PTO is generally considered to be equal to the equivalent of a day's wage. When calculating your lost wage it is important to consider the work-related expenses you've incurred. This can include the cost of transportation, meals, or equipment required to help you recover. Workers' compensation doesn't cover future earnings. If your injury hinders you from working in the exact same field or earning the same amount you earn, you may apply for compensation through an additional claim referred to as “lost earnings capacity.” You will have to prove that the accident has affected your ability to pursue your career path. Medical bills Many people are shocked by the expense of a hospital stay, especially if it is an emergency room visit. The cost of outpatient care can be high. This is because medicine is for-profit and doctors have to cover their expenses in order to earn profits. They therefore have the right to put a lien on your personal injury settlement in order to recover the amount they have been assessed. Medical expenses are part of the compensation claim for injuries resulting from 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 responsibility to pay for medical expenses. When your personal injury protection (PIP) that has a limit of $2200 or $8,000 is exhausted, you can use the rest of your health insurance policy to cover your medical expenses. However, it is important to have your health insurance's contact information on file with your medical provider to ensure that these bills are paid to them. Additionally, you must ensure that any of the medical professionals you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they're not, you'll be responsible for the bills should you ever receive an injury settlement. It is also crucial to ensure that you tell your accident attorney about all the doctor's offices, physical therapists, and other medical providers you have visited. Your lawyer may not be aware about them, and might not be able collect the amounts that are due from your settlement. An injury lawsuit can assist you in recovering from the emotional and physical trauma you've experienced as a result the negligence of other people. You can get compensation for your injuries, or the death of someone you love when you can prove that negligent party caused the injury. This includes medical bills as well as lost wages and non-economic damages like discomfort and pain. Suffering and pain In contrast to economic damages, such as medical bills and income loss, it is difficult to place a dollar amount on suffering and pain. It is essential to find a lawyer who is able to explain to jurors how your injury affected you. Daly City injury attorney like witness testimony, copies of your medical records, and photographs could be useful. Explaining to the jury that your injury has affected your life and prevented you from engaging in hobbies and other activities can have a significant impact. Your lawyer may use one of two standard methods to calculate the amount of your pain and suffering and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method takes all your monetary damages 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 to each day you suffered an injury and then multiplies that number by the total days it will take to fully recover. Your lawyer will take into account many factors to determine the fair settlement amount to compensate you for your pain and discomfort. Computers and algorithms can't calculate pain or suffering, so every case has to be assessed each case individually. You should also consider your emotional stress, mental distress and physical pain. This includes emotions such as grief, depression, fear, anxiety and shock. Post-traumatic stress disorder (PTSD) is a serious mental disorder that can cause severe mental pain. A psychologist or other expert can testify to your injury and how it has affected your life. This can be done through written reports or face-to-face testimony. The more details you have the better chance it is that your lawyer can get you a larger amount of compensation for your suffering and pain. While most personal injury cases involve accidents, you may also pursue a lawsuit against someone who deliberately harmed you. This kind of negligence claim is called a civil tort. Although these types of claims are not common but there are a myriad of types of civil torts that can be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages A monetary sum awarded to a person as compensation for an injury may aid them in getting back on their feet following an accident. It may also cover intangible losses, such as pain and suffering. Typically the damage is paid by the defendant as an insurance settlement or by a jury or judge in court cases. In general there are two types of damages: punitive and compensatory. Compensation damages are those that reimburse the plaintiff for their actual costs. They are offered 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 the losses that have occurred in the past, such as medical bills and lost wages, but also the estimated future expenses and losses. This includes prescription drugs as well as future surgeries and unexpected costs. It is important to also think about the consequences of your injury to your quality-of-life. It is crucial to take into account the loss you experience if, for example you are unable play with your children or do other activities that you enjoy. Add up your expenses and lost wages to get a simple calculation of losses in the past. To calculate the future medical expenses and reduced earning potential You'll need the doctor's note indicating how long you'll be off work and your 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. In addition, if your injury has harmed your relationships with family members, you could be eligible for compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to offset the emotional distress caused by the effect an injury has on your relationship with your spouse and other loved ones. It's difficult to determine the value of suffering and pain however, you should receive full and fair compensation for your injury. This type of damage is often based on the judge's or jury's decision rather than hard evidence. Your lawyer can explain it in detail and help you determine the amount of damages you're entitled to.