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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 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 expenses or lost wages, are easy to calculate. Certain costs are subjective, like your suffering and pain. Loss of wages Injuries that cause loss of income can be devastating. Many families rely on wages for basic living expenses, such as rent or mortgage payments, food and utilities. In New York, injured workers may be eligible to file a personal injury lawsuit against the driver who caused the accident to claim the cost of lost wages. A successful claim requires evidence that the injury is the cause of the wage loss and that it is directly related to the accident. To determine your lost wages, you need to determine your average weekly wage (AWW) which is the amount that you earned prior to your accident. This can be accomplished by looking at your 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 multiple sources of income, it is essential to include both your salaries in your AWW calculation. It is also helpful to include any additional financial benefits you receive like bonuses as well as health insurance or retirement contributions. Depending on the nature of the injury, you may be in a position to not return to work or only be able to return to a reduced capacity. If you are in this circumstance the insurance company will have to provide you with temporary benefits, for example, weekly fixed payments which is based on the percentage of your average weekly income. You could also be entitled to a reimbursement of your paid time off (PTO), which you took advantage of in your recovery from your injury. The value of PTO generally equals one day's wage. Another aspect that must be considered when calculating your lost wages is the cost of any work-related expenses you incurred. This could include the cost of any transport, meals or other equipment needed to help you recover. While workers' compensation provides you with the required medical care and compensation for missed wages, it does not guarantee future lost earnings. If your injury prevents you from working in the same field or earning the same salary, you can request compensation for future losses through a separate process called “lost earning capacity.” To be able to prove this claim, you will need to prove the impact your injury has had on your ability to pursue a particular career route. Medical bills Many people are shocked by the cost of a hospital stay especially when it's an emergency room visit. The cost of outpatient care can be high. This is because medicine is a profit-making business, and doctors have to cover their expenses and earn profits. They therefore have the right to levy a lien on your personal injury settlement in order to recover the amount they have been paid. Medical expenses are part of the compensation claim for injuries caused by negligence. They are usually refunded by the party responsible for the accident and their insurance company. However, during the pendency of a car accident case it is your obligation to pay these medical bills. Once your personal injury protection (PIP) has exhausted the limit of $2,200 or $8,000 you can apply your health insurance plan to pay the remainder of your medical expenses. However, it's important to have your health insurance's contact details in the file of your medical provider to make sure that the bills are sent to them for payment. Additionally, you must make sure that any of the medical providers you have been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they are not, you'll be responsible for the bills in the event that you receive an injury settlement. It is also essential to ensure that you tell your accident attorney about all the doctors' offices, physical therapists' and other medical providers you have been to. Your lawyer may not be aware of them and may not be able to collect the amount due from your settlement. Although there is no way to fully make up for the emotional and physical trauma you have experienced as a result of the negligence of someone else or another, a lawsuit for injuries can be a great help. By proving that the other person's negligence is the cause of your serious injuries or the death of a loved ones, 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 terms of dollars. This is due to the fact that they are not economic damages like medical bills or loss of income. This is why it is important to have a skilled lawyer who can explain to a jury how your injury has affected your life. The presence of evidence like photographs, 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 sports and hobbies can be a major factor. Your lawyer may use one of two methods to determine your pain and suffering that is the Multiplier method or the Per Diem method. The Multiplier method is a method of adding up the amount of money you have lost and then multiplies it by a number from one to 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 that it will take to fully recover. These are only two of the many aspects that your lawyer will consider to determine the most fair amount of settlement for your pain and suffering. The pain and suffering of a person is not something that can be measured using a computer or algorithm therefore an injury case involving a person requires a careful analysis of the particular factors that affect each victim's situation. In addition to evaluating your actual physical pain emotional anguish, mental stress and distress should be considered. 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. A psychologist or any other expert can testify about the severity of your injury and how it has affected your life. 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 pain and discomfort. While most personal injury cases involve accidents, you can also bring a lawsuit against someone who intentionally harmed you. This kind of negligence claim can be described as a civil tort. Civil torts are not unheard of even though they are not common. They include wrongful death, medical negligence, dog bite injuries and defamation lawsuits. Damages After an accident, a monetary award can help someone get back on their feet. It could also cover other intangible losses, such as suffering and pain. 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 are those that reimburse a plaintiff for the actual cost. They are available in almost every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. It is essential to include future costs and expenses when requesting compensation. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is also essential to consider how the injury has affected your life quality. For instance, if cannot play with your kids or take part in other activities you usually take part in, it is essential to take into account the losses. Add up the expenses and wages missed to calculate a straightforward calculation of your losses from the past. To estimate future medical costs and reduced earning potential You'll need the doctor's note indicating the length of time you'll be out of work and the average hourly rate. You can then divide the number days between the date of your medical improvement's maximum and the date of your expected return to work, using this daily rate, to calculate the estimated loss in income. 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 hard to quantify pain and suffering however, you should receive an adequate and fair amount of compensation for your injuries. This category of damages is usually based on a judge's or jury's decision rather than evidence. Visalia injury lawyers YouTube can explain this in detail and help determine the amount of damages you're entitled to.