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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the how you live your life. You may feel overwhelmed with the effects of your injuries, from the cost of medical bills and loss of income to pain and suffering. Some costs are easy to calculate, like your medical expenses or missed work. Certain costs are subjective, like your suffering and pain. Loss of wages Injuries that cause loss of income could be devastating. Many families rely on wages for basic living expenses, including mortgage or rent payments, food and utilities. In New York, injured workers could be able to file a personal injury claim against the driver who caused the accident to seek the cost of lost wages. A successful claim will require evidence that the injury was the reason of the wage loss, and that it is directly related to the accident. To calculate the lost wages, first determine your average weekly wage (AWW), which is the amount of money that you earned prior to your injury. This can be done by looking at your past pay receipts. A lawyer can help find the right documents to prove your claim. If you have more than one employer, or have multiple sources of income, it's important to include both salaries in your AWW calculation. You should also include any financial benefits that you receive, such as retirement and health insurance or bonuses. Depending on the nature of the injury, you may be in a position to not return to work or be able to return at a reduced capacity. If you're in this scenario the insurance company will have to provide you with temporary benefits, for example, a fixed payment each week that is based upon a percentage of your weekly wage. You may be eligible for reimbursement of your paid time off (PTO) which you used during your recovery from your injury. The value of PTO is generally thought to be the equivalent of one day's salary. Another factor that needs to be taken into account when making a calculation of your lost wages is the cost of any work-related expenses you have incurred. This can include the cost of transportation, meals, or equipment necessary for your recovery. Workers' compensation will not cover future earnings. If your injury hinders you from working in the exact same field or earning the same amount you earn, you can claim compensation under an additional claim known as “lost earnings capacity.” You'll need to provide evidence that the accident has affected your ability to pursue your desired career track. Medical bills Many people experience sticker shock when they learn of the price of a hospital visit, especially an emergency room trip. Outpatient treatment can be expensive. This is because medicine is a for-profit business, and doctors have to cover their expenses and earn a profit. They are therefore entitled to put a lien on your personal injury settlement to collect the amount they've been charged. Medical bills are included in the compensation claim for injuries resulting from negligence. They are generally reimbursed by the at-fault party and their insurance company. In the case of a car crash case it is your obligation to pay the medical bills. When your personal injury protection (PIP) has reached its $8,000 or $2,200 limit, you can use your health insurance plan to pay the remainder of your medical expenses. It is important to have your health insurance details on your medical provider's records so that they can pay these bills directly to them. You should also check that the medical providers who treated you are authorized to treat you by the Workers' Compensation Board. If they're not, you will be responsible for the bills should you ever receive an injury settlement. You should also tell your lawyer for accidents about all the doctors, physical therapists, and other medical providers that you have visited. Your lawyer may not know about them and may not be able to recover the amount due from your settlement. Although there is no way to completely compensate for the physical and emotional trauma you've endured due to the negligence of another or another, a lawsuit for injuries can be a great help. If you can prove that the other person's negligence caused of your serious injuries or the death of a loved ones you can seek damages to pay for the loss of wages, medical expenses and other losses that are not economic, such as suffering and pain. Suffering and pain As opposed to the economic damages, such as medical bills and loss of income it is difficult to determine a dollar amount on the pain and suffering. It is essential to find a lawyer who is able to explain to a juror how your injuries affected you. Having Hillsboro as photos, witness testimony, and copies of your medical records could aid. The jury should be able to understand that your injury has impacted your life and prevented you from enjoying hobbies and other activities can be a significant factor. 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 totals up all the damages you have incurred and multiplies that number 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 each day you were injured, and then multiplies that number by the number days it will take to fully recover. Your attorney will take into account many factors to determine the fair settlement amount to compensate you for your pain and discomfort. The pain and suffering of a person is not something that can be measured using a computer or algorithm, so the personal injury case requires a careful analysis of the particular circumstances that impact each victim's particular situation. You should also consider your emotional stress, mental suffering and physical pain. This includes emotions like grief, depression, fear and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a severe mental illness that can lead to extreme mental pain. A psychologist or another expert can testify to your injuries and how it has affected you. This can be done via written reports or through face-toface testimony. The more details you can provide, the more likely it is that your attorney can get you a greater amount of compensation for your suffering and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are caused by accidents. This type of negligence claim is referred to as a civil tort. Although these types of claims are not common but there are a myriad of types of civil torts that may be filed, including medical malpractice, wrongful deaths and dog bite injuries and defamation lawsuits. Damages Following an accident, a monetary award can help someone get back on their feet. It may also cover intangible losses like pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by a judge or jury in a court case. In general, there are two types of damages: compensatory or punitive. Compensatory damages compensate the plaintiff for their actual costs. They are available in nearly every personal injury claim. Punitive damages punish the wrongdoer and deter similar behavior in the future. It is crucial to include future expenses and costs when you request compensation. This includes prescription medications, future surgeries, and any other costs that are not anticipated. It is important to also think about the consequences of your injury to your quality-of-life. For example, if you are unable to play with your kids or take part in other activities you normally take part in, it is essential to consider the loss. Add up your expenses and lost wages to get a simple calculation of losses in the past. To calculate the future medical expenses and reduced earning potential you'll need a doctor's letter indicating how long you'll be out of work and your hourly rate. Then, you can divide the number of days between your date of maximum medical improvement and the date when you're expected to return to work by the daily rate to calculate estimated lost earnings. In addition, if your incident has affected your relationships with your family members, you could be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to offset the emotional distress caused by the impact an injury has on your relationship with your spouse and other loved ones. It's hard to determine the value of the pain and suffering that you endure, but you deserve an adequate and fair amount of compensation for your injuries. This type of damage is usually determined by the judge's or jury's decision instead of hard evidence. Your lawyer can explain this in more detail and help you determine the level of damages you are entitled to for your injuries.