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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. From the cost of medical bills and lost wages to suffering and pain you may be overwhelmed by the consequences of your injuries. Some costs are easy to calculate, such as medical expenses or the cost of missing work. Certain costs are subjective, like your pain and suffering. Lost wages Loss of income due to injury can be a devastating loss of income. Many families rely on wages to cover basic expenses, including mortgage or rent payments, groceries and utility bills. In New York, injured workers can file a personal injuries claim against the driver at the fault to receive compensation for lost wages. A successful claim will require evidence that the injury is the cause of the wage loss and that it is directly related to the accident. The first step to calculate the loss of your earnings is to find the average weekly wage (AWW) that you earned prior to your injury. This can be done by looking at past pay statements. A lawyer can assist you find the right documents to prove your claim. If you work for more than one employer or have multiple sources of income, it is important to include both salaries in your AWW calculation. You should also include any financial benefits you receive, such as health insurance, retirement contributions or bonuses. Depending on the severity of your injury, you might be unable to return to work in any way or can only return to a reduced capacity. If you find yourself in this situation the insurance company has to provide you with temporary benefits, such as a weekly fixed payment that is based upon a percentage of your average weekly wage. You may also be entitled to reimbursement for your paid time off (PTO) that you took while you were recovering from your injuries. The value of PTO generally equals one day's wage. Another factor to be considered when the calculation of your lost wages is the cost of any work-related expenses you incurred. This can include any transportation or meals needed for your recovery. Workers' compensation will not cover future earnings. If your injury stops you from working in the same field or with the same salary you can seek compensation for future losses via another process known as “lost earning capacity.” In order to prove your claim, you must provide evidence of the impact your accident has had on your capacity to pursue a specific career path. Medical bills Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is a for-profit business, and doctors have to cover their expenses and earn profits. In turn they have the right to levy your personal injury settlement or award in order to recover the amount they have been charged. Medical bills are deemed to be a part of the claim for compensation for injuries caused by the negligence of another. In the majority of instances, the person at fault and their insurance company will pay the medical expenses. However, in the event of a delay of a car crash case it is your obligation to pay for medical expenses. Once your personal injury protection (PIP) has reached the limit of $2,200 or $8,000 You can then use your health insurance to pay the remainder of your medical expenses. However, it's important that you have your health insurance contact information on file with your medical professional to ensure that these bills are paid to them. Additionally, you must make sure that any of the medical professionals you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they are not, you'll be responsible for the bills if and when you receive an injury settlement. It is also important to inform your lawyer who handled your accident about all the physical therapists, doctors, and other medical providers you've visited. Your lawyer may not know about them, and might not be able to recover the amount due from your settlement. An injury lawsuit can aid you in recovering from the physical and emotional trauma that you have suffered as a result the negligence of other people. By proving that the other person's negligence is the cause of your serious injuries or the death of a loved one you can seek damages to pay for the loss of wages, medical expenses and other non-economic losses such as pain and suffering. Pain and suffering 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 expenses or income loss. This is why it's important to have a skilled lawyer who can explain to a jury how your injury has affected your life. Evidence like witness testimony or copies of your medical records, and photographs can be helpful. But, describing to the jury how your injuries have impacted your lifestyle and hindered you from engaging in hobbies and activities can also have a significant impact. Your lawyer can use one of two methods for calculating 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 them by a number that ranges between one and five, depending on your severity of injury. The Per Diem method assigns an amount of money to each day you're injured, and multiplies this number by the number days you will need to fully recover. These are only two of the many aspects that your lawyer will take into consideration to determine a fair settlement figure for your pain and suffering. Computers and algorithms can't calculate the intensity of pain or suffering, therefore each case must be evaluated individually. Lorain injury attorneys must also take into consideration your mental anguish, emotional distress and physical pain. This includes emotions such as fear, depression, grief and anxiety as well as shock. The most severe mental pain could include PTSD, or post-traumatic stress disorder. A psychologist or another expert can testify about your injury and how it has affected you. This can be done with written reports and through face-to-face testimony. The more details you can provide the better chance it is that your attorney can get you a larger amount of compensation for your pain and suffering. You can sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This type of negligence claim is called a civil tort. Civil torts are not uncommon however, they are uncommon. They include medical negligence, wrongful deaths as well as dog bite injuries. defamation suits. Damages A financial amount paid to someone as compensation for an injury may help them get back on their feet after an accident. It may also cover intangible losses, such as pain and suffering. Damages are typically paid through an insurance settlement or a judge or jury when the case is in court. In general there are two types of damages: compensatory or punitive. Compensatory damages reimburse a plaintiff for their actual expenses. They are available in almost every personal injury case. Punitive damages punish wrongdoers and deter future similar behavior. When seeking compensation, it is crucial to include not only the past losses, like medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is also important to think about how the injury has affected your quality of life. For example, if you cannot play with your children or engage in other activities that you normally do, it is important to consider the loss. The easiest way to determine past losses is by simply adding up the amount you've paid and the earnings you've missed. To calculate the future medical expenses and earnings potential that are less You'll need the doctor's note indicating the length of time you'll be out of work and your hourly rate. Then, you'll be able to divide the number of days between the date of the maximum improvement in your medical condition and when you are scheduled to resume work by that daily rate to calculate the estimated loss of earnings. You could also be entitled to compensation for “loss or consortium” in the event that your accident has caused emotional stress in your relationship with your spouse or other family members. It is difficult to quantify, but you should be able to claim fair compensation. This type of damage is usually determined by the judge's or jury's judgement rather than hard evidence. Your lawyer can explain it in detail and help you determine the amount of damages you're entitled to.