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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live. From medical bills and lost wages to pain and suffering, you may feel overwhelmed by the impact of your injuries. Certain costs are simple to calculate, like medical expenses or the cost of missing work. Others are more subjective, like your suffering and pain. Lost wages Injury-related income loss can be catastrophic. Many households rely on their income to pay essential expenses like mortgage or rent payments as well as food items. In New York, injured workers can file a personal injury claim against the driver who was at fault to recover the lost wages. However, a successful claim depends on the evidence that the injury was the cause of the loss in wages and it was directly related to the crash. To calculate the lost wages, first determine your average weekly wage (AWW) which is the amount that you earned prior to your accident. This can be done by looking through your previous pay stubs. An attorney can help you collect the necessary documents to support your claim. If you work for more than one employer or have several sources of income, it is important to include both salaries in your AWW calculation. You should also include any financial benefits you are entitled to, like retirement benefits, health insurance, or bonuses. Based on the nature of your injury, you might be unable to return to work at all or be able to return at an unassailable level. If you find yourself in this scenario the insurance company will need to provide you with temporary benefits, for example, a fixed payment each week that is based upon a percentage of your weekly wage. You may also be entitled to reimbursement of your paid time off (PTO) that you used during your recovery from your injury. The value of PTO typically equals one day's wage. When you calculate your lost wage, you should also consider any work-related costs that you've to pay. This could include transportation or meals that you require to recover. While workers' compensation can provide you with the medical treatment and compensation for your current missed wages, it doesn't cover future lost earnings. If your injury prevents you from working in the same field or earning the same salary you may be eligible for compensation for future losses via a separate process called “lost earning capacity.” To be able to prove this claim, you will need to present evidence of the impact your accident has had on your capacity to pursue a particular career route. Medical bills Many people feel sticker shock when they see the costs of hospital visits, especially an emergency room visit. Outpatient treatments can be costly. This is due to the fact that medicine is for-profit and doctors have to cover their expenses in order to earn profit. Therefore, they are entitled to levy your personal injury settlement or award in order to recover the amount they were billed. Medical bills are considered to be a part of the claim to compensation for injuries caused by the negligent actions of another. They are generally reimbursed by the party responsible for the accident and their insurance company. You are accountable for paying these medical bills while the case is pending. After your personal injury coverage (PIP) has reached its $8,000 or $2,200 limit You can then use your health insurance plan to pay the rest of your medical expenses. However, it is very important that you have your health insurance contact information on file with the medical provider to ensure that these bills get paid for by them. Additionally, you must make sure that any of the medical professionals you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they aren't then you'll be responsible for the cost of treatment when you receive your personal settlement for your injury. It is also important to inform your accident lawyer about all the physical therapists, doctors and other medical professionals who you have visited. Your lawyer may be unaware of them and may not be able collect the amount due from your settlement. An injury lawsuit may assist you in recovering from the emotional and physical trauma you've suffered due to the negligence of others. You could receive compensation for your injuries or the death of someone you love, if you can prove that other party's negligence caused it. This includes medical bills or lost wages, as well as non-economic damages like discomfort and pain. Suffering and pain Unlike economic damages, like medical bills and income loss it is difficult to place a dollar amount on suffering and pain. It is essential to find an attorney who can to explain to a juror how your injury affected your life. Evidence like witness testimony or copies of your medical records, and photos could be useful. The jury should be able to understand the way your injury has impacted your life and prevented you from engaging in hobbies and other activities can have a significant impact. Your lawyer can employ either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method adds up all the damages you have incurred and multiplies the amount by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific dollar amount to each day you were injured, and then multiply the sum by the number of days that it will take to fully recover. Your attorney will take into account many aspects to determine the appropriate settlement amount for your discomfort and pain. The pain and suffering of a person is not something that can be measured by a computer or an algorithm and the personal injury case requires careful consideration of the unique factors that affect each victim's particular situation. In addition to assessing the actual physical pain emotional anguish, mental stress and distress should be taken into consideration. This includes emotions like fear, depression, grief, anxiety and shock. The most severe mental pain could include PTSD or post-traumatic stress disorder. The best method to prove your loss of enjoyment is to have a certified expert like a psychologist, testify about how the injury has affected you. This can be done via written reports or face-to-face testimony. The more details you provide the better your attorney will be able to help you receive a better settlement for your discomfort and pain. You may sue someone who intentionally injured you, even though the majority of personal injury cases involve accidents. This kind of negligence claim is known as a civil tort. While these kinds of claims are not common however, there are a variety of civil torts that can be filed such as medical malpractice, wrongful death and dog bite injuries and defamation lawsuits. Damages A financial amount paid to someone as 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, such as pain and suffering. Damages are typically covered by an insurance settlement or the judge or jury if the case is in the court. In general there are two types of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for their actual expenses. They are available in nearly every personal injury claim. Punitive damages are used to punish the perpetrator and discourage similar conduct in the future. Chino injury lawyers is important to include future costs and expenses when you request compensation. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is also important to consider the impact of your injury on your quality-of-life. It is essential to consider the consequences you face if, for example you are unable play with your children or engage in other activities you love. Add up your costs and the wages you have missed to make a quick calculation of past losses. However, to calculate future medical bills and reduced earning potential, you'll require an official note from your doctor stating the amount of time you will be not able to work and the 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 by this daily rate, to calculate estimated lost income. You may also be entitled to compensation for “loss or consortium” if your accident has caused emotional anxiety in your relationship with your spouse or other family members. Pain and suffering are difficult to quantify, but you deserve fair compensation. Often, this category of damages will be based 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're entitled to for your injury.