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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. From the cost of medical bills and lost wages to suffering and pain you may be overwhelmed by the consequences of your injuries. Some costs are easy to calculate, such as medical expenses or the cost of missing work. Some costs are more subjective, like your suffering and pain. Lost wages Injuries that result in a loss of income can be devastating. Many households rely on income to pay for their basic expenses like mortgage or rent payments, food and utilities. 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. A successful claim will require proof that the injury was the cause of the wage loss, and that it is directly connected to the accident. The first step in calculating the loss of your wages is to determine the average weekly wage (AWW) that you earned before your injury. This can be done by looking over your old pay stubs. An attorney can help you gather documents to support your claim. If you have more than one employer or have multiple sources of income, it's important to include both salaries in your AWW calculation. It is also advisable to include any additional financial benefits you are receiving, such as bonuses, health insurance or retirement contributions. Depending on the severity of the injury, you may be unable to return to work or be able to return at a reduced capacity. If you're in this scenario your insurance provider may be required to provide temporary benefits such as an annual fixed payment that is which is based on a percentage of your average wage. You could also be entitled to reimbursement for the time you worked off (PTO) that you took to recover from your injuries. The value of PTO generally is equal to one day's wage. When calculating your lost wage, you should also consider the work-related expenses you have to pay. This can include the cost of any transportation, meals, or equipment required for your recovery. While workers' compensation provides you with the required medical treatment and compensation for missed wages, it cannot provide for future earnings. If your injury hinders you from working in the exact same field or earning the same salary you earn, you are able to apply for compensation by filing an additional claim referred to as “lost earnings capacity.” You'll need to provide evidence that your injury has impacted your ability to pursue your career path. Medical bills Many people experience sticker shock when they learn of the price of a hospital visit, especially an emergency room trip. Outpatient treatment can be expensive. This is due to the fact that the medical profession is a business and doctors must cover their costs in order to make a profit. They therefore have the right to put a lien on your personal injury settlement to collect the amount they have been charged. Medical bills are considered to be a part of the claim for compensation for injuries caused by the negligence of another. In the majority of instances, the person at fault and their insurance company will pay the medical expenses. However, in the event of a delay of a case involving a car accident it is your responsibility to pay the medical bills. After your personal injury protection (PIP) that has the limit of $2200 or $8,000 is exhausted, you can take advantage of the remainder of your health insurance policy to cover your medical expenses. However, it is important to have your health insurance contact information in the file of your medical provider to make sure that these bills are paid for by them. Additionally, you must make sure that any of the doctors you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they aren't, you'll be responsible for the cost of treatment when you receive the personal settlement for injury. You should also tell your lawyer for accidents about all the doctors, physical therapists, and other medical providers that you have visited. Your lawyer may not know about them and might not be able to collect the amounts that are owed from your settlement. An injury lawsuit can assist you in recovering from the physical and emotional trauma that you have suffered as a result the negligence of others. If you can prove that the other person's negligence was the cause of your serious injuries or the loss of a loved one, you could seek damages to pay for medical bills, lost wages and other losses that are not economic, such as suffering and pain. Pain and suffering It is difficult for pain and suffering to quantify in dollar terms. Pontiac injury lawsuit is because they aren't economic damages, like medical bills or income loss. It is crucial to choose a lawyer who is able to explain to jurors how your injury affected you. The presence of evidence like photos, witness testimony, and copies of your medical records could aid. Informing the jury that your injury has impacted your lifestyle and prevented your from enjoying hobbies and other activities can have a significant impact. Your lawyer may use one of two common methods for calculating your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you've suffered financially and multiplies the amount by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money to each day you're injured, and then multiply this amount by the number of days required to recover fully. These are only two of the many elements that your attorney will consider to determine the most fair amount of settlement for your pain and suffering. Computers and algorithms are unable to measure pain or suffering, so each case must be evaluated each case individually. You must also take into consideration your mental anguish, emotional discomfort and physical pain. This includes emotions such as depression, grief and anxiety. Severe mental pain can even include PTSD, or post-traumatic stress disorder. A psychologist or other expert can testify about the severity of your injury and how it has affected you. This can be done through written reports or face-to-face testimony. The more information you can provide the more your attorney can help you receive a better settlement for your discomfort and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases involve accidents. This kind of negligence claim is known as a civil tort. While these kinds of claims aren't common however, there are a variety of civil torts that could be filed such as wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages A financial amount paid to someone in compensation for their injury can aid them in getting back on their feet after an accident. It could also be used to compensate for intangible losses like pain and suffering. Damages are typically covered by an insurance settlement or a judge or jury when the case is in the court. Generally there are two kinds of damages: compensatory and punitive. Compensatory damages compensate the plaintiff for the actual cost. They are available in almost every personal injury claim. Punitive damages penalize wrongdoers and prevent future similar actions. When seeking compensation, it is essential to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also estimates of future losses and expenses. This includes prescription drugs as well as future surgeries, and other unexpected expenses. It is also important to take into consideration how the injury may have affected your life quality. It is crucial to take into account the losses you suffer if, for example you are unable to play with your kids or do other activities that you love. Add up your expenses and wages missed to make a quick calculation of your losses from the past. To calculate the future medical expenses and earnings potential that are less you'll need the doctor's note indicating how long you will be absent from work and your hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the expected return to work by this daily rate, to calculate the estimated loss in income. You may also be entitled to compensation for “loss or consortium” if your injury has caused emotional distress in your relationship with your spouse or other family members. It is difficult to quantify, but you are entitled to fair compensation. Often, this category of damages will be determined on a jury or judge's decision, not on actual evidence. Your attorney can explain this in greater detail and help you determine the amount of compensation you are entitled to for your injuries.