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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter 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 are simple to calculate, like your medical expenses or missed work. Some costs are subjective, like your pain and suffering. Loss of wages Loss of income due to injury can be devastating. Many households depend on their earnings to cover basic living expenses such as mortgage or rent payments, as well as food items. In New York, injured workers can file a personal injury claim against the driver at the fault to receive compensation for their lost wages. However the success of a claim is contingent on the evidence that the injury triggered the wage loss and that it was directly related to the accident. To calculate your lost wages, you need to determine your average weekly wage (AWW) which is the amount that you earned prior to your accident. You can do this by looking at past pay receipts. A lawyer can assist you collect the necessary documents to support your claim. If you work for more than one employer, or have multiple sources of income, it's essential to include both your salaries in your AWW calculation. You should also include any financial benefits that you receive, such as health insurance, retirement contributions, or bonuses. It is possible that you will not be capable of returning to your job or you might be able perform the job in a limited capacity, depending on the severity of the injury. If you're in this circumstance, the insurance company will need to provide you with temporary benefits, such as weekly fixed payments that is based on the percentage of your average weekly wage. You could be eligible for reimbursement of your paid time off (PTO) which you utilized during your recovery from your injury. The value of PTO is generally considered to be the equivalent of one day's salary. Another factor to be taken into account when the calculation of your lost wages is the cost of any work-related expenses you have incurred. This could include transportation, meals, or equipment needed for your recovery. Workers' compensation is a benefit that provides you with the necessary medical care and compensation for your current missed wages, it doesn't cover future lost earnings. If your injury prohibits you from working in the same field or with the same salary you may be eligible for compensation for future losses through a separate process called “lost earning capacity.” In order to prove your claim, you'll need provide evidence of the impact that your accident has had on your capacity to pursue a specific career route. Medical bills Many people are shocked by the expense of a hospital stay particularly if it's an emergency room visit. East Orange injury attorneys You Tube of outpatient care can be quite high. This is because medicine is a for-profit business, and doctors must pay for their expenses and turn profit. As a result they are entitled to put a lien on your personal injury settlement or award to recuperate 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 at-fault party and their insurance company. You are accountable for paying these medical bills while the case is pending. After your personal injury coverage (PIP) has exhausted the limit of $2,200 or $8,000 You can then use your health insurance plan to pay the rest of your medical expenses. It is crucial to have your health insurance information on your medical provider's records to allow them to send them the bills. It is also important to confirm that the medical providers who treated you are licensed to do so by the Workers' Compensation Board. If they're not then you'll be responsible for paying the bills once you receive your personal injury settlement. It is also important to ensure that you tell your accident attorney about all the doctors' offices, physical therapists' and other medical professionals you've seen. Your lawyer may not be aware of these and may not be able collect the amounts owed from your settlement. While there is no way to completely cover the physical and emotional trauma you've experienced because of the negligence of someone else or another, a lawsuit for injuries could be helpful. You may be able to claim compensation for your injuries, or the death of someone you love when you can prove that the negligent party caused the injury. This includes medical expenses or lost wages, as well as other damages that are not economic, such as pain and discomfort. Pain and suffering Pain and suffering are difficult to quantify in dollars. This is because they aren't economic damages like medical bills or income loss. This is why it's important to have a skilled attorney who can show a jury how your injury has affected you. The presence of evidence like photos, witness testimony, and copies of your medical records could help. Informing the jury that your injury has impacted your life and prevented you from participating in other activities can have a significant impact. Your lawyer could employ one of two methods for calculating your pain and suffering that is the Multiplier method or the Per Diem method. The Multiplier method takes all your monetary damages 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 to every day you've been injured, and multiplies this number by the number days it will take to fully recover. These are only two of the many factors that your attorney will consider to determine a fair settlement amount for your pain and suffering. The pain and suffering of a person is not something that can be calculated by a computer or an algorithm therefore a personal injury case requires careful consideration of the specific factors that affect the individual victim's circumstance. You must also take into consideration your mental anguish, emotional discomfort and physical pain. This includes emotions like grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a serious mental condition that can cause severe mental pain. The best method to prove your loss of enjoyment is to have a trained expert such as psychologist, testify on how the injury has affected you. This can be done via written reports or face-to-face testimony. The more information you provide, the better your attorney will be able to help you obtain a greater amount of compensation for your discomfort and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are caused by accidents. This kind of negligence claim is called a civil tort. While these kinds of claims aren't common but there are a myriad of types of civil torts that may be filed such as wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages Following an accident, a financial award can aid someone to get back on their feet. It can also compensate more intangible losses such as pain and suffering. Damages are typically covered by an insurance settlement or by the judge or jury when the case is in court. In general, there are two categories of damages: punitive and compensatory. Compensatory damages pay the plaintiff for actual expenses and are available in nearly every personal injury case. Punitive damages penalize wrongdoers and deter future similar behavior. When seeking compensation, it is important to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also the estimated future expenses and losses. This includes prescription medication as well as future surgeries, and other unexpected costs. It is also important to take into account the effects of your injury on your quality-of-life. It is essential to consider the loss you experience if, for example, you are unable to play with your kids or do other activities that you enjoy. Add up the expenses and wages missed to get a simple calculation of past losses. However, to estimate future medical bills and reduced earning capacity, you'll need an official note from your doctor stating the length of time you will be in a position to work and your typical hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the expected return to work, by this daily rate to calculate estimated lost income. You could also be entitled to compensation for “loss or consortium” if your accident has caused emotional anxiety in your relationship with your spouse or other loved ones. It's difficult to put a price on the pain and suffering that you endure however, you are entitled to the full and fair compensation for your injury. This category of damages is usually determined by the judge's or jury's decision instead of hard evidence. Your attorney can explain this in detail and assist you in determining the amount of damages you deserve.