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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the how you live your life. From the cost of medical bills and lost wages to pain and suffering, you may feel overwhelmed by the effects of your injuries. Certain costs, such as your medical costs or lost wages are simple to calculate. Certain costs are subjective like your suffering and pain. Lost wages Accidents that result in a loss of income can be devastating. Many households depend on their income to pay basic living expenses such as mortgage or rent payments as well as food expenses. In New York, injured workers may be capable of filing a personal injury claim against the driver at fault to seek compensation for lost wages. A successful claim will require evidence that the injury was the cause of the wage loss and that it is directly linked to the accident. To determine your lost wages, first determine your average weekly wage (AWW), which is the amount of money that you earned prior to your accident. This can be done by looking at past pay stubs. An attorney can assist you to gather 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. It is also beneficial to include any additional financial benefits you're receiving like bonuses, health insurance or retirement contributions. Based on the nature of your injury, you could be not able to return to work in any way or only be able to return to the job at a lower level. If you find yourself in this circumstance, your insurance company may have to provide temporary benefits, such as an annual fixed payment that is which is based on a percentage of your average wage. You may also be entitled to reimbursement of your paid time off (PTO) which you took advantage of to recover from your injury. The value of PTO is generally considered to be the equivalent of a day's wage. When you calculate your lost wage, you should also consider any costs related to work that you have to pay. This can include the cost of any transportation, meals or equipment needed to help you recover. While workers' compensation provides you with the required medical care and compensation for missed wages, it cannot cover future lost earnings. If your injury stops you from working in the same field or at the same wage you can seek compensation for future losses using another process known as “lost earning capacity.” To prove your claim, you must to prove the impact that your accident has had on your ability to pursue a particular career direction. Medical bills Many people feel sticker shock when they see the costs of hospital visits, especially an emergency room trip. Outpatient treatment can be expensive. This is because medicine is a profitable business and the doctors must cover their expenses and earn a profit. They are therefore entitled to levy a lien on your personal injury settlement to recover the amount that they have been paid. Lakeland injury lawsuits are considered to be part of the claim to compensation for injuries caused by the negligent actions of another. In most instances, the person at fault and their insurance company reimburse the medical bills. You are responsible for paying these medical bills while the case is pending. When your personal injury protection (PIP), which has the limit of $8,000 or $2200, is exhausted, you are able to make use of the remaining health insurance coverage to cover your medical expenses. It is crucial to have your health insurance details on the medical provider's file so that they can pay these bills directly to them. You should also ensure that the medical professionals who have treated you are licensed to treat you by the Workers' Compensation Board. If they're not, you'll be responsible for the bills if and when you receive a personal injury settlement. It is also crucial to inform your attorney about all the doctors' offices, physical therapists' and other medical professionals you've been to. Your lawyer might not be aware about them, and may not be able to get the money due from your settlement. While there is no way to completely make up for the emotional and physical trauma you have experienced due to the negligence of someone else the other party, a lawsuit for injury could be helpful. By proving that the other person's negligence caused of your serious injuries or the loss of a loved one you may seek damages to compensate for medical bills, lost wages and other losses that are not economic, such as pain and suffering. Suffering and pain Pain and suffering are difficult to quantify in dollar terms. This is due to the fact that they are not economic damages, like medical bills or income loss. This is why it is important to have a skilled attorney who can show the jury how your accident has affected your life. Having evidence such as photos, witness testimony and copies of your medical records may help. Informing the jury that your injury has impacted your lifestyle and prevented your from enjoying hobbies and other activities could have a significant impact. Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method is a method of adding up your monetary damages and then multiplies it by a number ranging between one and five, depending on the severity of your injury. The Per Diem method assigns a specific dollar amount for each day that you were injured and multiplies the amount by the total days it will take to recover fully. Your lawyer will consider many factors to determine the fair settlement amount to compensate you for your pain and discomfort. Pain and suffering is not something that can be calculated by a computer or algorithm therefore an injury case involving a person requires a careful evaluation of the unique elements that impact the individual victim's circumstance. In addition to evaluating your actual physical pain emotional anguish, mental stress and distress should be considered. This includes emotions such as depression, anxiety, and grief. Mental pain that is severe can include PTSD or post-traumatic stress disorder. The best method to prove your loss of enjoyment of life is to have a trained expert like psychologist, testify on how the injury has affected you. This can be done via written reports or through face-toface testimony. The more details you provide the better your lawyer can assist you to get a higher compensation for your discomfort and pain. You may sue someone who intentionally injured you, even if the majority of personal injury cases are caused by accidents. This type of negligence claim is called a civil tort. Although these types of claims are not common but there are a myriad of types of civil torts that may be filed, including medical malpractice, wrongful death dog bite injuries and defamation lawsuits. Damages After an accident, a monetary award can assist someone in getting back on their feet. It may also cover intangible losses such as pain and suffering. Damages are typically covered by an insurance settlement or by jurors or judges in the event of a case being heard in court. Generally there are two types of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for actual costs and are available in almost every personal injury case. Punitive damages are used to punish criminals and deter future similar behavior. It is important to include future expenses and costs when you request compensation. This includes prescription medications, future surgeries, and any other unexpected costs. It is important to also take into account the effects of your injury on your quality-of-life. For example, if you are unable to play with your kids or take part in other activities you usually do, it is crucial to take into account the losses. The easiest way to estimate past losses is simply adding up what you've spent and the amount you've lost. To estimate future medical costs and reduced earning potential You'll need the doctor's note indicating how long you'll be off work and your average hourly rate. You can then divide the number days between the date of your maximum medical improvement and the expected return to work, by this daily rate to calculate the estimated loss of income. Additionally, if the accident has damaged your relationships with family members, you could be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to offset the emotional distress that an injury has on your relationship with your spouse and other family members. It's difficult to determine the value of suffering and pain, but you deserve an adequate and fair amount of compensation for the injury. This type of damage is usually determined by the judge's or jury's decision rather than hard evidence. Your attorney can explain this in greater depth and help you decide the level of damages you're entitled to for your injury.