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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the how you live your life. From the cost of medical bills and lost wages to pain and suffering you may be overwhelmed by the effects of your injuries. Some costs are easy to calculate, like your medical expenses or missed work. Some costs are more subjective, like your pain and suffering. Loss of wages Accidents that result in a loss of income could be devastating. You Tube on income to pay for their basic expenses like rent or mortgage payments, groceries and utility bills. In New York, injured workers can file a personal injury claim against the driver who was at the fault in order to obtain compensation for their lost wages. A successful claim requires evidence that the injury was the reason of the wage loss and that it is directly related to the accident. To determine your 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 past pay receipts. A lawyer can assist you find the right documents to prove your claim. Include both your salaries in the event that you have more than one employer or have multiple sources of income. Include any financial benefits that you receive, such as health insurance, retirement contributions, or bonuses. It is possible that you will not be capable of returning to work, or you may only be able to do so in a reduced capacity, depending on the nature of the injury. If you are in this situation the insurance company will have to provide you with temporary benefits, like weekly fixed payments which is based on the percentage of your average weekly income. You may be eligible for reimbursement of your paid time off (PTO) that you took advantage of during your recovery from your injury. The value of PTO typically equals one day's salary. When you calculate your lost wage, you should also consider the work-related expenses you have paid for. This can include the cost of transportation, meals or equipment necessary to help you recover. While workers' compensation can provide you with the necessary medical care and compensation for missed wages, it doesn't guarantee future lost earnings. If your injury hinders you from working in the exact same field or earning the same salary you earn, you are able to apply for compensation under a separate claim called “lost earnings capacity.” You will need to provide evidence that the accident has affected your ability to pursue your chosen career direction. Medical bills Many people are shocked by the cost of a hospital stay especially when it's an emergency room visit. Outpatient treatment can be expensive. It is because medicine is for-profit and doctors must cover their expenses in order to make a profit. They therefore have the right to put a lien on your personal injury settlement to recover the amount that they have been paid. Medical expenses are part of the compensation claim for injuries caused by negligence. In most cases, the person who is at fault and their insurance company pay these medical bills. You are responsible for paying these medical expenses as long as the case is in progress. After your personal injury coverage (PIP) which has an amount of $8,000 or $2200, is exhausted, you are able to make use of the remaining health insurance policy to cover your medical expenses. It is crucial to have your health insurance information in the your medical provider's records so that they can send them the bills. Additionally, you must make sure that any of the medical providers you have been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they aren't you'll be accountable for paying the bills once you receive your personal injury settlement. It is also crucial to ensure that you inform your attorney about all the doctor's offices, physical therapists and other medical providers you have visited. Your lawyer might not be aware of them and may not be able to collect the amount due from your settlement. An injury lawsuit may help you recover 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 caused of your serious injuries or the death of a loved one, you could seek damages to pay for medical bills, lost wages and other non-economic losses such as pain and suffering. Pain and suffering It is difficult for pain and suffering to quantify in terms of dollars. This is because they are not economic damages like medical bills or income loss. It is important to hire a lawyer who is able to explain to a juror the impact of your injury on you. Evidence such as witness testimony and medical records, and photographs can be helpful. Informing the jury that your injury has affected your life and prevented you from participating in other activities could be a significant factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method totals up all the damages you have incurred and multiplies that number by a value between one and five, based on the severity of your injuries. The Per Diem method assigns a specific amount of money to each day you were injured, and then multiply that number by the total days that it will take to reach your full recovery. These are just two of the many factors that your lawyer will take into consideration to determine a fair settlement amount for your pain and suffering. Computers and algorithms cannot measure pain or suffering, which is why each case should be evaluated in a unique. In addition to assessing the physical pain you are experiencing, mental anguish and emotional distress should be taken into consideration. This includes emotions like grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. A psychologist or other expert can testify to the severity of your injury and how it has affected you. This can be done with written reports or through face-toface testimony. The more details that you provide the better chance it is that your attorney can get you a larger amount of compensation for your suffering and pain. While most personal injury cases involve accidents, you may also bring an action against someone who deliberately harmed you. This kind of negligence claim is referred to as a civil tort. Civil torts are not unheard of, even though these claims are rare. They include medical negligence, wrongful death, dog bite injuries and defamation lawsuits. Damages Following an accident, a financial award can aid someone to get back on their feet. It may also be used to compensate for more intangible losses such as pain and suffering. Typically, damages are paid by the defendant as an insurance settlement or by a judge or jury in court cases. Generally there are two types of damages: punitive and compensatory. Compensatory damages compensate a plaintiff for their actual costs. They are offered in almost every personal injury case. Punitive damages are used to punish the perpetrator and prevent similar actions in the future. It is essential to include future expenses and costs when you request compensation. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is also important to consider the impact of your injury on your quality of life. For example, if you are unable to play with your children or participate in other activities that you normally do, it is crucial to account for those losses. The easiest method to determine past losses is simply adding up the amount you've paid and the earnings you've missed. To calculate the future medical expenses and the potential for earnings loss you'll need the doctor's note indicating how long you will be absent from work and your hourly rate. Then, you can divide the number of days between the date of maximum medical improvement and the date when you're scheduled to resume work by that daily rate to calculate estimated lost earnings. You could also be entitled to compensation for “loss or consortium” when your injury has caused emotional anxiety in your relationship with your spouse or other family members. The pain and suffering of a person is difficult to quantify, but you deserve fair compensation. Often, this category of damages will be determined on a jury's or judge's decision, not on actual evidence. Your lawyer can explain this in more detail and help you determine the level of damages you deserve for your injury.