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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. You may be overwhelmed by the consequences of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Certain costs are simple to calculate, such as medical expenses or the cost of missing work. Others are more subjective, like your suffering and pain. Lost wages Injury-related income loss can be catastrophic. Many families rely on their earnings to cover essential expenses like rent or mortgage payments and food items. In New York, injured workers can file a personal injuries claim against the driver at the fault to receive compensation for their lost wages. However, a successful claim depends on the evidence that the injury was the cause of the loss in wages and it was directly related to the crash. The first step to calculate your lost wages is to determine the average weekly wage (AWW) that you earned prior to your injury. This can be done by looking over your old pay stubs. A lawyer can help gather the appropriate 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 advisable to include any other financial benefits you're receiving like bonuses, health insurance or retirement contributions. Depending on the severity of your injury, you might be unable to return to work in any way or be able to return at the job at a lower level. If you find yourself in this situation the insurance company will need to provide you with temporary benefits, for example, weekly fixed payments that is based upon a percentage of your weekly wage. You may also be entitled to reimbursement of your paid time off (PTO) that you utilized during your recovery from your injury. The value of PTO is usually thought to be the equivalent of one day's salary. When calculating your lost wages it is important to consider the work-related expenses you've paid for. This could include the cost of transportation, meals, or equipment required for your recovery. Workers' compensation is a benefit that provides you with the required medical care and compensation for missed wages, it cannot guarantee future lost earnings. If your injury stops you from working in the same field or earning the same salary you earn, you are able to seek compensation through a separate claim called “lost earnings capacity.” You'll be required to prove your accident has affected your ability to pursue your desired career path. Medical bills Many people are shocked by the expense of a hospital stay especially when it's an emergency room visit. Outpatient treatment can be expensive. It is because the medical profession is a business and doctors have to cover their expenses in order to earn a profit. They are therefore entitled to put a lien on your personal injury settlement to collect the amount they've been assessed. Medical expenses are part of the compensation claim for injuries caused by negligence. They are generally reimbursed by the at-fault party and their insurance company. In the case of a case involving a car accident it is your responsibility to pay these medical bills. After your personal injury protection (PIP) which has an amount of $8,000 or $2200 is exhausted, you can take advantage of the remainder of your health insurance policy to cover your medical expenses. It is crucial to have your health insurance information in the the medical provider's file to allow them to send these bills to them. Additionally, you must ensure that any of the doctors you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they're not, you'll be held accountable for the expenses if and when you receive a personal injury settlement. You should also tell your lawyer who handled your accident about the doctors, physical therapists and other medical professionals that you have visited. Your lawyer might not be aware about them and they might not be able to get the money due from your settlement. An injury lawsuit may assist you in recovering from the emotional and physical trauma that you have suffered because of the negligence of others. You can get compensation for your injuries, or the loss of someone you love when you can prove that the negligent party caused the injury. This includes medical expenses, lost wages, and other damages that are not economic, such as discomfort and pain. Suffering and pain In contrast to economic damages, such as medical bills and loss of income It is hard to place a dollar amount on suffering and pain. This is why it's crucial to have a competent attorney who can show a jury how your injury has affected your life. Evidence such as witness testimony, copies of your medical records, and photographs can be helpful. However, explaining to the jury how your injury impacted your lifestyle and caused you to be unable to enjoy activities and hobbies can make a significant impact. Your lawyer could employ one of two standard methods for calculating your suffering and pain that is the Multiplier method or the Per Diem method. Henderson injury lawsuit www.youtube.com totals up all the damages you have incurred and then multiplies that amount by a number that ranges 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 multiplies this amount by the number of days required to recover fully. These are only two of the many aspects that your lawyer will take into consideration to determine the most fair amount of settlement for your pain and suffering. Pain and suffering is not something that can be analyzed using a computer or algorithm therefore an injury case involving a person requires a careful analysis of the unique factors that affect each victim's situation. It is also important to consider your mental stress, emotional suffering and physical pain. This includes feelings like grief, depression, fear, anxiety and shock. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. The best method to prove your loss of enjoyment is to have a qualified expert, such as psychologist, testify on how the injury has affected you. This can be done via written reports or in person testimony. The more information you can provide the better chance it is that your lawyer can get you a greater amount of compensation for your suffering and pain. You can sue someone who has intentionally injured you, even though the majority of personal injury cases involve accidents. This type of negligence claim is referred to as a civil tort. Although these types of claims aren't common but there are a myriad of types of civil torts that can be filed, including medical malpractice, wrongful deaths dog bite injuries and defamation lawsuits. Damages A financial amount paid to someone as compensation for an injury could aid them in getting back on their feet following an accident. 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 the court. In general there are two kinds of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for actual expenses and are offered in nearly every personal injury lawsuit. Punitive damages penalize wrongdoers and prevent future similar actions. When seeking compensation, it is essential to include not only past losses, such as medical bills and lost wages, but also estimated future expenses and losses. This includes prescription medication as well as future surgeries, and other unexpected costs. It is also important to consider the consequences of your injury to your quality-of-life. For instance, if you cannot play with your children or participate in other activities you usually do, it is important to consider the loss. Add up your expenses and lost wages to get a simple calculation of your losses from the past. To calculate the future medical expenses and reduced earning potential, you'll require an official letter from your doctor stating how long you'll be off work and the average hourly rate. Then, you'll be able to divide the number of days between your date of the maximum improvement in your medical condition and when you are expected to resume work by that daily rate to calculate estimated lost earnings. You may also be entitled to compensation for “loss or consortium” if your injury has caused emotional distress in your relationship with your spouse or other loved ones. Pain and suffering are difficult to quantify, but you should be able to claim fair compensation. In most cases, this category of damages will be based on a jury's or judge's decision, not on actual evidence. Your attorney can explain this in detail and help determine the amount of damages you are entitled to.