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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the how you live your life. You may feel overwhelmed with the effects of your injuries, ranging from medical bills and lost income to suffering and pain. Certain costs, such as your medical expenses or lost wages are easy to determine. Certain costs are subjective like your pain and suffering. Loss of wages Injury-related income loss can be a devastating loss of income. Many families rely on wages to cover 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 fault to recover compensation for their lost wages. However the success of a claim is contingent on the proof that the injury was the cause of the wage loss and that it was directly connected to the accident. To calculate your lost wages, first determine your average weekly wage (AWW), which is the amount of money that you earned prior to your injury. You can do this by looking through your pay stubs. An attorney can help collect the necessary documents to support your claim. Include both wages when you have more than one employer, or have multiple sources of income. You should also include any financial benefits that you are entitled to, like health insurance, retirement contributions or bonuses. Los Angeles injury lawsuit is possible that you will not be in a position to return to your job or you might only be able to do so in a reduced capacity, based on the nature of the injury. If you find yourself in this scenario the insurance company might have to provide temporary benefits, such as an annual fixed payment that is that is based on a specific percentage of your wage. You may also be entitled to a reimbursement of your paid time off (PTO) that you used in your recovery from your injury. The value of PTO generally equals one day's wage. Another aspect that must be taken into account when making a calculation of your lost wages is the costs of any expenses related to work you incurred. This could include transportation or meals required for your recovery. While workers' compensation can provide you with the medical care and compensation for the loss of your current wages, it cannot provide for future earnings. If your injury hinders you from working in the exact same field or earning the same wage you earn, you may seek compensation through an additional claim referred to as “lost earnings capacity.” You will need to provide evidence that the accident has affected your ability to pursue your desired career track. Medical bills Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. Outpatient treatment can be expensive. This is because medicine is a profitable business, and doctors must cover their expenses and earn a profit. They therefore have the right to place a lien against your personal injury settlement to collect the amount they've been charged. Medical bills are deemed to be part of the claim for compensation for injuries caused by the negligent acts of another. They are usually reimbursed by the party responsible for the accident and their insurance company. The responsibility lies with you to pay these medical expenses while the case is pending. Once your personal injury protection (PIP) has reached its $8,000 or $2,200 limit you can apply your health insurance to pay the remainder of your medical expenses. It is essential to keep your health insurance information in the the medical provider's file in order to be able to send these bills to them. You should also ensure whether the medical professionals who have treated you are licensed to treat you by the Workers' Compensation Board. If they are not, you'll be liable for the costs should you ever receive a personal injury settlement. It is also important to inform your accident lawyer about the physical therapists, doctors, and other medical providers you've visited. Your lawyer may not be aware about them, and might not be able collect the amounts that are owed from your settlement. While there is no way to fully compensate for the physical and emotional trauma you've experienced due to the negligence of another the other party, a lawsuit for injury can be a great help. If you can prove that the other person's negligence is the cause of your serious injuries or the death of a loved one, you may seek damages to compensate for lost wages, medical bills and non-economic losses like suffering and pain. Pain and suffering Pain and suffering are difficult to quantify in terms of dollars. This is because they are not economic damages like medical expenses or income loss. This is why it's essential to hire a skilled lawyer who can explain to the jury how your accident has affected you. Evidence such as witness testimony, copies of your medical records, and photos are all helpful. Explaining to the jury the way your injury has impacted your lifestyle and prevented your from participating in other activities could be a significant factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method totals up all the damages you have incurred and multiplies the amount by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money for every day you've been injured, and then multiply this number by the number of days required to recover fully. These are only two of the many aspects that your attorney will consider to determine a fair settlement amount for your pain and suffering. It isn't something that can be calculated using a computer or algorithm therefore a personal injury case requires a careful evaluation of the unique elements that impact each victim's particular situation. It is also important to consider your emotional stress, mental suffering and physical pain. This includes feelings like grief, depression, fear, anxiety and shock. Post-traumatic stress disorder (PTSD) is a severe mental condition that can cause extreme mental pain. The best way to prove your loss of enjoyment of life is to have a qualified expert, such as a psychologist, testify about how the injury has affected you. This can be done through written reports or in person testimony. The more information you can provide the better chance it is that your lawyer will be able to get you a higher compensation award for your suffering and pain. While most personal injuries involve accidents, you may also file a lawsuit against someone who deliberately harmed you. This type of negligence claim is called a civil tort. Although these types of claims are rare but there are a myriad of types of civil torts that may be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages A financial amount paid to someone as compensation for an injury may assist them in getting back on their feet after an accident. It may also cover intangible losses, such as pain and suffering. Typically the damages are paid by the defendant in an insurance settlement or by a judge or jury in court cases. In general, there are two types of damages: compensatory or punitive. Compensatory damages reimburse the plaintiff for actual expenses and are available in almost every personal injury lawsuit. Punitive damages are used to punish criminals and prevent future similar actions. It is important to include future costs and expenses when requesting compensation. This includes prescription medications, future surgeries, and any other unexpected costs. It is important to also take into account the impact of your injury on your quality of life. It is crucial to consider the consequences you face if, for example you are unable to play with your children or engage in other activities you love. The easiest way to determine past losses is by simply adding up the amount you've paid and the wages you've missed. However, to calculate future medical bills and reduced earning potential, you'll require medical note from a doctor that outlines the amount of time you'll be not able to work and the usual hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the date of your expected return to work by this daily rate, to calculate the estimated loss of income. In addition, if your incident has affected 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 ease the emotional pain caused by the impact an injury can have on your relationship with your spouse and other loved ones. It's difficult to determine the value of suffering and pain, but you deserve the full and fair compensation for your injury. This category of damages is usually based on a judge's or jury's judgement rather than evidence. Your attorney can explain this in greater detail and assist you in determining the amount of compensation you deserve for your injury.