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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. From medical bills and lost wages to pain and suffering you might feel overwhelmed by the effects of your injuries. Certain costs are simple to calculate, like your medical expenses or time off work. Some costs are subjective, like your pain and suffering. Lost wages The loss of income resulting from injuries can be catastrophic. Many households depend on wages for basic living expenses, including rent or mortgage payments, groceries and utilities. In New York, injured workers can file a personal injury claim against the driver at fault to recover compensation for their lost wages. A successful claim requires proof that the injury was the cause of the wage loss and that it is directly linked to the accident. To calculate your lost wages, you must first determine your average weekly wage (AWW), which is the amount of money that you earned prior to your injury. This can be accomplished by looking through your previous pay stubs. A lawyer can help gather the appropriate documents to prove your claim. Include both your salaries when you have more than one employer, or have multiple sources of income. It is also helpful to include any additional financial benefits you are receiving such as bonuses, health insurance or retirement contributions. Depending on the nature of the injury, you may be not able to return to work or be able to return at a reduced capacity. If you are in this situation your insurance provider may be required to provide temporary benefits like weekly fixed payments based on a certain percentage of your income. You may also be entitled to reimbursement of your paid time off (PTO) which you used in your recovery from your injury. The value of PTO typically equals one day's wage. Another factor to be taken into account when the calculation of your lost wages is the costs of any expenses related to work you incurred. This includes any travel or meals required for your recovery. While workers' compensation can provide you with the medical treatment and compensation for missed wages, it doesn't guarantee future lost earnings. If your injury hinders you from working in the exact same field or earning the same salary you earn, you may seek compensation by filing an additional claim referred to as “lost earnings capacity.” You will have to prove that your injury has impacted your ability to pursue your career track. Medical bills Many people feel sticker shock when they learn of the price of an hospital visit, particularly an emergency room trip. Outpatient treatment can be expensive. This is because medicine is a profit-making business, and doctors must pay for their expenses and turn profit. They are therefore entitled to levy a lien on your personal injury settlement to recover the amount they've been charged. Medical bills are included in the compensation claim for injuries caused by negligence. They are usually refunded by the party at fault and their insurance company. However, in the event of a delay of a case involving a car accident, it is your responsibility to pay the medical bills. When your personal injury protection (PIP) which has the limit of $8,000 or $2200, is exhausted, you are able to take advantage of the remainder of your health insurance coverage to cover your medical expenses. It is essential to keep your health insurance information on file at the medical provider so that they can send these bills to them. You should also ensure that the medical providers who treated you are authorized to do so by the Workers' Compensation Board. If they are not, you'll be responsible for the bills if and when you receive an injury settlement. You should also inform your lawyer who handled your accident about the physical therapists, doctors, and other medical providers that you have visited. Your lawyer may not be aware about them and they might not be able to get the money owed from your settlement. While there is no way to fully make up for the emotional and physical trauma you've experienced as a result of the negligence of another or another, a lawsuit for injuries can be a great help. You can get compensation for your injuries or the loss of someone you love in the event that you can prove that the other party's negligence caused it. This includes medical bills, lost wages, and other damages that are not economic, such as pain and discomfort. Suffering and pain Pain and suffering are difficult to quantify in terms of dollars. This is because they are not economic damages, like medical bills or loss of income. This is why it's important to have a skilled lawyer who can explain to a jury how your injury has affected you. Evidence such as witness testimony or copies of your medical records and photos can be helpful. Explaining to the jury that your injury has affected your life and prevented you from enjoying hobbies and other activities can be a significant factor. Your lawyer can employ either the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method adds up your damages in money and then multiplies it by a number ranging from one to five depending on your severity of injury. The Per Diem method assigns an amount of money for each day you were injured, and multiplies this number by the number days required to fully recover. These are only two of the many factors that your lawyer will consider to determine a fair settlement amount for your pain and suffering. Pain and suffering is not something that can be calculated using a computer or algorithm therefore a personal injury case requires a careful evaluation of the specific circumstances that impact each victim's situation. In addition to evaluating the actual physical pain mental anguish and emotional distress must be considered. This includes emotions such as depression, grief and anxiety. Mental pain that is severe can include PTSD, or post-traumatic stress disorder. A psychologist or another expert can testify about the severity of your injury and how it has affected your life. This can be done through written reports or through face-toface testimony. The more details that you provide the greater chance it is that your lawyer will be able to get you a greater amount of compensation for your suffering and pain. While the majority of personal injuries involve accidents, you can also bring an action against someone who intentionally harmed you. This type of negligence claim is known as a civil tort. Medford injury lawsuits are not unheard of however, they are uncommon. They include wrongful death, medical negligence dog bite injuries, and defamation suits. Damages A sum of money awarded to a person as compensation for an injury could aid them in getting back on their feet after an accident. It may also be used to compensate for more intangible losses such as pain and suffering. Damages are usually paid by an insurance settlement or by jurors or judges in the event of a case being heard in the court. In general there are two kinds of damages: compensatory or punitive. Compensation damages compensate the plaintiff for actual expenses and are available in nearly every personal injury claim. Punitive damages penalize wrongdoers and prevent future similar actions. It is important to include future expenses and costs when you request compensation. This includes prescription medications as well as future surgeries, and other unexpected expenses. It is also important to consider how the injury may have affected your life quality. It is important to consider the losses you suffer in the event that, for instance you are unable play with your kids or do other activities that you love. The easiest method to determine past losses is by simply adding up the amount you've spent and the wages you've missed. However, to estimate future medical bills and reduced earning potential, you'll require a doctor's note indicating the amount of time you'll be unable to work and your typical hourly rate. Then, you'll be able to divide the number of days between the date of greatest medical improvement and the date when you're scheduled to return to work by the daily rate to calculate estimated lost earnings. You may also be entitled to compensation for “loss or consortium” in the event that your injury has caused emotional distress in your relationship with your spouse or other loved ones. It's difficult to determine the value of suffering and pain however, you are entitled to full and fair compensation for the injury. This category of damages is usually based on a judge's or jury's decision rather than hard evidence. Your lawyer can explain it in detail and assist you in determining the amount of damages you're entitled to.