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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 feel overwhelmed with the consequences of your injuries, ranging from medical bills and income loss to suffering and pain. Certain costs, such as your medical expenses or lost wages, are easy to estimate. Certain costs are subjective, like your suffering and pain. Loss of wages Injuries that cause loss of income could be devastating. Many households rely on their wages to cover basic living expenses such as rent or mortgage payments and groceries. In New York, injured workers could be capable of filing a personal injury claim against the driver who caused the accident to recover compensation for lost wages. A successful claim requires proof that the injury is the cause of the wage loss, and that it is directly connected to the accident. The first step to calculate the loss of your wages is to calculate the average weekly wage (AWW) that you earned prior to your injury. You can do this by looking through your pay receipts. An attorney can help collect the necessary documents to support your claim. Include both wages if you have more than one employer or multiple sources of income. You should also include any financial benefits that you receive, such as retirement and health insurance or bonuses. You may not be able to return to work or may only be able to do so in a reduced capacity, depending on the nature of your injury. If you are in this scenario, your insurance company may require you to pay temporary benefits like a weekly fixed payment that is based on a specific percentage of your wage. You may also be entitled to reimbursement for the time you worked off (PTO) which you utilized to recover from your injuries. The value of PTO is usually thought to be the equivalent of one day's wages. Another aspect that must be taken into account when the calculation of your lost wages is the cost of any work-related expenses you incurred. This could include the cost of any transportation, meals or equipment needed for your recovery. Workers' compensation doesn't cover future earnings. If your injury hinders you from working in the same field or earning the same amount you earn, you may apply for compensation by filing an additional claim known as “lost earnings capacity.” You'll have to prove that the accident has affected your ability to pursue your desired career direction. Medical bills Many people experience sticker shock when they look at the cost of hospital visits, especially an emergency room visit. Outpatient treatment can be expensive. This is due to the fact that medical practices are for profit and doctors must cover their expenses to earn profits. Therefore they are entitled to levy your personal injury settlement or award to recuperate the amount they were paid. Medical bills are deemed to be part of the claim to compensation for injuries caused by the negligent acts of another. They are generally reimbursed by the party responsible for the accident and their insurance company. The responsibility lies with you to pay these medical expenses as long as the case is in progress. When your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200 you can apply your health insurance plan to pay the remainder of your medical expenses. It is crucial to have your health insurance information in the file at the medical provider so that they can send these bills to them. You Tube is also important to confirm whether the medical professionals who have treated you are authorized to treat you by the Workers' Compensation Board. If they're not then you'll be responsible for paying the bills when you receive your personal settlement for your injury. It is also important to make sure that you inform your attorney regarding all the doctors' offices, physical therapists and other medical professionals you've been to. Your lawyer may not know about them, and might not be able recover the amount due from your settlement. An injury lawsuit can help you recover from the emotional and physical trauma you've experienced because of the negligence of others. If you can prove that the other person's negligence was the cause of your serious injuries or the death of a loved ones, you can seek damages to pay for medical bills, lost wages and other losses that are not economic, such as suffering and pain. Pain and suffering Pain and suffering are difficult to quantify in terms of dollars. This is due to the fact that they are not economic damages, like medical bills or income loss. This is why it's important to have a skilled lawyer who can explain to the jury how your accident has affected you. Evidence such as witness testimony and medical records, and photographs can be helpful. But, describing to the jury how your injury affected your life and hindered you from engaging in activities and hobbies can have a significant impact. Your lawyer can use one of two standard methods to determine the amount of your pain and suffering, which are the Multiplier method or the Per Diem method. The Multiplier method adds up the amount of money you have lost, and multiplies it by a number ranging from one to five dependent on the severity of your injury. The Per Diem method assigns an amount of money to every day you've been injured, and then multiply this number by the number of days you will need to recover fully. These are just two of the many aspects that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms cannot measure pain or suffering, so every case has to be assessed each case individually. In addition to assessing your actual physical pain emotional anguish, mental stress and distress must be considered. This includes feelings like grief, depression and anxiety. Mental pain that is severe can include PTSD or post-traumatic stress disorder. A psychologist or any other expert can testify to your injury and how it has affected you. This can be done through written reports or in person testimony. The more information you have the greater chance it is that your attorney can get you a higher compensation award for your suffering and pain. You may sue someone who intentionally injured you, even if the majority of personal injury cases are accidents. This type of negligence claim is called a civil tort. While these kinds of claims are rare but there are a myriad of types of civil torts that could be filed for, including medical malpractice, wrongful deaths, dog bite injuries, and defamation lawsuits. Damages Following an accident, a financial award can help someone get back on their feet. It can also compensate more intangible losses such as pain and suffering. Damages are typically covered by an insurance settlement or the judge or jury in the event of a case being heard in court. In general, there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual costs and are available in almost every personal injury claim. Punitive damages punish the wrongdoer and discourage similar conduct in the future. It is important to include future costs and expenses when you request compensation. This includes prescription drugs, future surgeries and other unexpected costs. It is crucial to take into account the consequences of your injury to your quality-of-life. For instance, if cannot play with your children or engage in other activities that you normally do, it is important to account for those losses. The most straightforward way to determine past losses is by simply adding up the amount you've paid and the earnings you've missed. To estimate future medical costs and earnings potential that are less you'll need the doctor's note indicating how long you'll be absent from work and the average hourly rate. Then, you'll be able to divide the number of days between the date of greatest medical improvement and when you are expected to return to work by that daily rate to calculate the estimated loss of earnings. You could also be entitled to compensation for “loss or consortium” in the event that your accident has caused emotional distress in your relationship with your spouse or other family members. Pain and suffering are difficult to quantify, but you deserve fair compensation. This type of damage is usually determined by the judge's or jury's judgement rather than evidence. Your lawyer can explain it in detail and help you determine the amount of damages you're entitled to.