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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the way you live. From medical bills and lost wages to pain and suffering you may be overwhelmed by the consequences of your injuries. Certain costs, like your medical expenses or lost wages are straightforward to calculate. Other costs are more subjective, like your pain and suffering. Lost wages Injuries that result in a loss of income could be devastating. Many households depend on their earnings to cover basic living expenses such as mortgage or rent payments as well as groceries. In New York, injured workers can 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 cause of the wage loss, and that it is directly connected to the accident. To determine your lost wages, you must first determine your average weekly wage (AWW) which is the amount that you earned prior to your injury. This can be done by looking over your old pay stubs. An attorney can help gather documents to support your claim. Include both salaries when you have more than one employer or have multiple sources of income. It is also advisable to include any additional financial benefits you receive such as bonuses and health insurance, as well as retirement contributions. Lowell injury attorneys may not be able to return to work, or you might be able perform the job in a limited capacity, depending on the nature of your injury. If you're in this circumstance your insurance provider may be required to provide temporary benefits, such as weekly fixed payments that is based on a specific percentage of your income. You could also be entitled to reimbursement for the paid time off (PTO) that you used while you were recovering from your injuries. The value of PTO is generally considered to be equal to the equivalent of one day's salary. When you calculate your lost wage it is important to consider any costs related to work that you have to pay. This includes any travel or meals that you require to recover. Workers' compensation will not guarantee future earnings. If your injury stops you from working in the same field or earning the same wage you may be eligible for compensation for future losses via an additional process known as “lost earning capacity.” To prove this claim, you'll need to prove the impact your accident has had on your capacity to pursue a particular career route. Medical bills Many people experience sticker shock when they learn of the price of hospital visits, especially an emergency room trip. The cost of outpatient care can be high. This is because medicine is a profit-making business and the doctors must pay for their expenses and turn a profit. They therefore have the right to levy a lien on your personal injury settlement to collect the amount that they have been assessed. Medical bills are considered to be part of the claim for compensation for injuries caused by the negligent acts of another. They are usually refunded by the party responsible for the accident and their insurance company. You are accountable for paying these medical expenses while the case is pending. When your personal injury protection (PIP), which has an amount of $8,000 or $2200, is exhausted, you can use the rest of your health insurance policy to cover your medical expenses. However, it's important that you have your health insurance's contact information in the file of your medical provider to make sure that the bills are sent to them for payment. It is also important to confirm whether the medical professionals who treated you are licensed to do so by the Workers' Compensation Board. If they aren't you'll be accountable for paying the bills once you receive the personal settlement for your injury. You should also inform your lawyer for accidents about the doctors, physical therapists and other medical professionals who 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. A lawsuit for injury can help you recover from the emotional and physical trauma you've experienced because of the negligence of other people. You may be able to claim compensation for your injuries, or the death of someone you love, if you can prove that negligent party caused the injury. This includes medical bills as well as lost wages and non-economic damages like discomfort and pain. Suffering and pain Unlike economic damages, like medical bills and loss of income It is hard to place a dollar amount on the pain and suffering. This is why it's crucial to have a competent attorney who can explain to a jury how your injury has affected you. Evidence such as photographs, witness testimony, and copies of your medical records may help. Explaining to the jury the way your injury has impacted your life and prevented you from enjoying hobbies and other activities can be a significant factor. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method takes all your monetary damages and then multiplies that amount by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money for each day you were injured, and then multiplies that number by the number days you will need to fully recover. These are only two of the many aspects that your lawyer will consider to determine a fair settlement amount for your pain and suffering. Computers and algorithms cannot measure the intensity of pain or suffering, therefore each case must be evaluated individually. It is also important to consider your mental anguish, emotional discomfort and physical pain. This includes emotions such as depression, anxiety, and grief. Severe mental pain can even include PTSD or post-traumatic stress disorder. 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 through written reports and through face-to-face testimony. The more information you can provide the more your attorney will be able to help you receive a better settlement for your pain and discomfort. While most personal injury cases involve accidents, you may also bring a lawsuit against someone who deliberately harmed you. This type of negligence claim is referred to as a civil tort. Although these types of claims are rare, there are many types of civil torts that may be filed such as medical malpractice, wrongful deaths, dog bite injuries, and defamation lawsuits. Damages A monetary sum awarded to someone in compensation for an injury may assist them in getting back on their feet following an accident. It can also compensate for more intangible losses such as pain and suffering. Typically the damage is paid by the defendant as an insurance settlement or by a jury or judge in court cases. In general, there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual costs and are offered in nearly every personal injury lawsuit. 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 as well as future surgeries, and other unforeseen costs. It is important to also think about the effects of your injury on your quality of life. For instance, if are unable to play with your kids or take part in other activities you usually do, it is important to account for those losses. Add up your expenses and wages missed to calculate a straightforward calculation of your losses from the past. To estimate future medical costs and earnings potential that are less you'll need an official letter from your doctor stating how long you will be off work and the average hourly rate. You can then divide the number of days between the date of your greatest medical improvement and the date of your 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 stress in your relationship with your spouse or other family members. Pain and suffering are difficult to quantify, but you deserve fair compensation. Often, this category of damages will be determined on a judge or jury's judgment rather than on hard evidence. Your attorney can explain it in detail and help you determine the amount of damages you are entitled to.