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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the way you live. From the cost of medical bills and lost wages to pain and suffering you may be overwhelmed by the impact of your injuries. Certain costs, like your medical expenses or lost wages, are straightforward to estimate. Some costs are subjective, like your pain and suffering. Lost wages Accidents that result in a loss of income can be catastrophic. Many families rely on their income to pay the essential costs of living, such as rent or mortgage payments and food expenses. In New York, injured workers are able to file a personal injury claim against the driver at the fault in order to obtain the lost wages. A successful claim requires evidence that the injury was the reason of the wage loss and that it is directly related to the accident. To calculate the 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 done by looking through your previous pay statements. An attorney can help gather documents to support your claim. Include both salaries when you have more than one employer, or multiple sources of income. It is also important to include any financial benefits that you are entitled to, like retirement and health insurance, or bonuses. Depending on the severity of the injury, you may be unable to return to work in any way or be able to return at a reduced capacity. If you're in this scenario, the insurance company has to provide you with temporary benefits, such as weekly fixed payments that is based upon the percentage of your average weekly income. You might also be entitled to reimbursement for the paid time off (PTO) which you utilized to recover from your injuries. The value of PTO generally equals one day's salary. When calculating your lost wages, you should also consider any work-related costs that you have paid for. This can include any transportation, meals, or equipment that you require to recover. Workers' compensation will not guarantee future earnings. If your injury prevents your from working in the same field or earning the same amount you earn, you are able to apply for compensation under an additional claim referred to as “lost earnings capacity.” You will be required to prove your accident has affected your ability to pursue your desired career path. Medical bills Many people are shocked by the cost of a hospital stay, especially if it is an emergency room visit. Outpatient treatment can be expensive. It is because medical practices are for profit and doctors have to cover their costs in order to earn profits. They therefore have the right to put a lien on your personal injury settlement in order to recover the amount that they have been assessed. Medical bills are included in the compensation claim for injuries resulting from negligence. In the majority of cases, the person who is at fault and their insurance company reimburse the medical expenses. The responsibility lies with you to pay these medical bills as long as the case is in progress. After your personal injury protection (PIP) that has the limit of $2200 or $8,000 is exhausted, you can make use of the remaining health insurance coverage to cover your medical expenses. Baldwin Park injury lawyers is crucial to have your health insurance information in the your medical provider's records so that they can send these bills to them. Additionally, you must be sure that the doctors you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not you'll be accountable for the cost of treatment when you receive your personal settlement for your injury. You should also tell your lawyer who handled your accident about all the doctors, physical therapists and other medical professionals who you have visited. Your lawyer may not be aware about them and may not be able to recover the amount owed from your settlement. Although there is no way to fully make up for the physical and emotional trauma you have experienced due to the negligence of someone else the other party, a lawsuit for injury can help. You can get compensation for your injuries, or the death of someone you love, if you can prove that negligent party caused the injury. This includes medical expenses, lost wages, and other damages that are not economic, such as discomfort and pain. Pain and suffering It is difficult for pain and suffering to quantify in dollars. This is because they are not economic damages like medical expenses or loss of income. This is why it is essential to hire a skilled lawyer who can explain to jurors how your injury has affected you. The presence of evidence like photos, witness testimony and copies of your medical records may help. The jury should be able to understand that your injury has impacted your life and prevented you from participating in other activities could 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 is a method of adding up the amount of money you have lost and then multiplies them by a number that ranges between one and five, depending on your severity of injury. The Per Diem method assigns a specific amount of money to each day you suffered an injury and then multiplies the amount by the total days that it will take to reach your full recovery. Your lawyer will take into account many factors to determine the fair settlement amount to compensate you for your discomfort and pain. Computers and algorithms are unable to measure the intensity of pain or suffering, therefore each case must be evaluated each case individually. In addition to evaluating the actual physical pain mental anguish and emotional distress should be taken into consideration. This includes emotions like depression, grief and anxiety. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. The best method to prove your loss of enjoyment of life is to have a qualified expert, such as a psychologist, testify about how the injury has affected you. This can be done through written reports or face-to-face testimony. The more information you provide, the better your attorney can help you obtain a greater amount of compensation for your discomfort and pain. You can sue someone who intentionally injured you, even though the majority of personal injury cases involve accidents. This kind of negligence claim is referred to as a civil tort. Civil torts are not unheard of however, they are rare. They include medical negligence, wrongful death, dog bite injuries and defamation suits. Damages Following an accident, a monetary award can aid someone to get back on their feet. It could also be used to compensate for intangible losses like pain and suffering. Damages are typically covered by an insurance settlement or jurors or judges if the case is in the court. In general, there are two categories of damages: compensatory and punitive. Compensation damages are those that reimburse a plaintiff for their actual costs. They are available in almost every personal injury claim. Punitive damages are used to punish criminals and deter future similar behavior. When seeking compensation, it is essential to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also estimated future losses and expenses. This includes prescription drugs, future surgeries and other unexpected costs. It is also essential to take into consideration how the injury may have affected your life quality. For instance, if can no longer play with your children or engage in other activities 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 spent and the wages you've missed. To calculate the future medical expenses and the potential for earnings loss you'll need an official letter from your doctor stating the length of time you'll be out of work and your average hourly rate. Then, you can divide the number of days between the date of maximum medical improvement and the date when you're scheduled to resume work by the rate you earn daily to calculate the estimated loss of earnings. Additionally, if the incident has affected your relationships with your family members, you may be eligible for compensation for the loss of companionship or “loss of consortium.” This kind of compensation is intended to alleviate the emotional stress caused by the impact an injury has on your relationship with your spouse and other loved ones. It's hard to determine the value of pain and suffering however, you should receive an adequate and fair amount of compensation for your injuries. This type of damage is usually based on a judge's or jury's judgment rather than hard evidence. Your lawyer can explain it in detail and help you determine the amount of damages you deserve.