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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. You may be overwhelmed by the effects of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Certain costs are simple to calculate, like your medical expenses or missed work. Certain costs are subjective like your pain and suffering. Lost wages The loss of income resulting from injuries can be a devastating loss of income. Many households depend on income to pay for their basic expenses, including mortgage or rent payments, groceries and utility bills. 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. A successful claim will require 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 before your injury. You can do this by looking over your previous pay stubs. An attorney can assist you to gather the required documents to prove your claim. Include both your salaries 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're receiving such as bonuses as well as health insurance or retirement contributions. Depending on the nature of your injury, you could be not able to return to work or be able to return at the job at a lower level. If you find yourself in this situation your insurance provider may require you to pay temporary benefits, such as a weekly fixed payment which is based on a percentage of your wage. You could also be entitled to reimbursement for the paid time off (PTO) which you utilized during the time you were recovering from your injuries. The value of PTO is generally thought to be the equivalent of one day's wages. When calculating your lost wage it is important to consider any work-related costs that you've paid for. This includes any travel, meals, or equipment needed for your recovery. While workers' compensation can provide you with the required medical treatment and compensation for the loss of your current wages, it does not guarantee future lost earnings. If your injury prevents your from working in the exact same field or earning the same wage you earn, you can apply for compensation under an additional claim referred to as “lost earnings capacity.” You'll be required to prove the accident has affected your ability to pursue your desired career path. Medical bills Many people are shocked by the cost of hospitalization, especially if it is an emergency room visit. Outpatient treatments can be costly. This is because medicine is a profit-making business, and doctors have to cover their costs and make profits. They are therefore entitled 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 caused by negligence. In most cases, the at-fault person and their insurance company reimburse the medical bills. However, in the event of a delay of a car accident case it is your responsibility to pay the medical bills. After your personal injury protection (PIP) that has a 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's important to have your health insurance contact information on file with your medical professional to ensure that these bills are sent to them for payment. You should also ensure whether the medical professionals who have treated you are authorized to do so by the Workers' Compensation Board. If they are not, you will be held accountable for the expenses if and when you receive an injury settlement. It is also important to inform your accident lawyer about the physical therapists, doctors, and other medical providers who you have visited. Your lawyer may not know about them and may not be able to get the money due from your settlement. A lawsuit for injury can help you recover from the physical and emotional trauma you've suffered as a result the negligence of others. You could receive compensation for your injuries or the loss of someone you love when you can prove that the negligence of the other party caused it. This includes medical expenses, lost wages, and non-economic damages like pain and discomfort. Pain and suffering It is difficult for pain and suffering to quantify in terms of dollars. This is due to the fact that they are not economic damages like medical bills or income loss. It is important to hire an attorney 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 can help. However, explaining to the jury how your injury has affected your life and hindered you from engaging in hobbies and activities can also make a significant impact. Your lawyer can use either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method takes all the damages you've suffered financially and then multiplies that amount by a number that ranges between one and five, based on the severity of your injuries. The Per Diem method assigns an amount of money for each day you're injured, and multiplies this number by the number of days it will take to recover fully. These are just two of the many aspects that your lawyer will consider to determine a fair settlement amount for your pain and suffering. Computers and algorithms can't calculate pain or suffering, which is why every case has to be assessed each case individually. It is also important to consider your mental anguish, emotional suffering and physical pain. This includes emotions like fear, depression, grief and anxiety as well as shock. Severe mental pain can even include PTSD or post-traumatic stress disorder. The best method to prove your loss of enjoyment is to have a certified expert, such as a psychologist, testify about how the injury has affected you. McKinney injury lawyer You Tube can be done via written reports or through face-toface testimony. The more information you can provide the more your lawyer can assist you to 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 type of negligence claim can be called a civil tort. While these kinds of claims are not common 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 monetary award can aid someone to get back on their feet. It could also cover more intangible losses like pain and suffering. Damages are typically covered by an insurance settlement or by a judge or jury when the case is in court. In general there are two kinds of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for actual expenses and are offered in nearly every personal injury case. Punitive damages penalize the offender and prevent similar actions in the future. When seeking compensation, it is essential to include not just the past losses, like medical bills and lost wages, but also estimated future expenses and losses. This includes prescription medications as well as future surgeries, and other unexpected costs. It is also important to consider how the injury may have affected your life quality. For example, if you are unable to play with your kids or take part in other activities you usually do, it is important to take into account the losses. The easiest way to estimate past losses is by simply adding up the amount you've spent and the amount you've lost. To estimate the future medical expenses and a decrease in earning capacity, you'll need medical note from a doctor that outlines the length of time you will be unable to work and your typical hourly rate. Then you can divide the number of days between your date of the maximum improvement in your medical condition and when you are scheduled to resume work by the daily rate to calculate estimated lost earnings. You could also be entitled to compensation for “loss or consortium” if your accident has caused emotional stress in your relationship with your spouse or other family members. It's difficult to determine the value of the pain and suffering that you endure however, you are entitled to an adequate and fair amount of compensation for your injuries. This type of compensation is often based on the judge's or jury's judgement instead of hard evidence. Your attorney can explain this in greater detail and help you determine the amount of compensation you deserve for your injury.