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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. You may be overwhelmed by the effects of your injuries, from medical bills and income loss to pain and suffering. Some costs, such as your medical expenses or lost wages, are easy to determine. Some costs are more subjective, such as your pain and suffering. Loss of wages Injuries that result in a loss of income could be devastating. Many households depend on their income to pay 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 the lost wages. A successful claim will require evidence that the injury is the cause of the wage loss and that it is directly connected to the accident. To calculate 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 accomplished by looking over your old pay receipts. An attorney can help gather documents to support your claim. If you have more than one employer or have several sources of income, it's important to include both salaries in your AWW calculation. It is also important to include any financial benefits you receive, such as retirement and health insurance, or bonuses. It is possible that you will not be in a position to return to your job or you may only be able to do so in a reduced capacity, depending on the nature of your injury. If you find yourself in this circumstance the insurance company has to provide you with temporary benefits, such as weekly fixed payments which is based on the percentage of your average weekly income. You may also be entitled to a reimbursement of your paid time off (PTO) which you utilized during your recovery from your injury. 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 work-related costs that you've to pay. This includes any travel or meals that you require to recover. Workers' compensation will not provide future earnings. If your injury prevents you from working in the same field or at the same salary, you can request compensation for future losses using a separate process called “lost earning capacity.” In order to prove your claim, you'll need to present evidence of the impact your accident has had on your ability to pursue a specific career direction. Medical bills Many people are shocked by the expense of hospitalization particularly if it's an emergency room visit. Outpatient treatment can be expensive. This is because medicine is a for-profit business and the doctors must cover their expenses and earn profit. As a result they are entitled to put a lien on your personal injury settlement or award to recover the amount they've been paid. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually reimbursed by the at-fault party and their insurance company. The responsibility lies with you to pay these medical charges as long as the case is in progress. After your personal injury coverage (PIP) has exhausted its $8,000 or $2,200 limit You can then use your health insurance to pay the rest of your medical expenses. However, it's important to have your health insurance contact information on file with your medical provider to ensure that these bills get paid to them. In addition, you should be sure that the medical professionals you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they aren't you'll be accountable for the cost of treatment when you receive the personal settlement for injury. You should also inform your lawyer who handled your accident about all the doctors, physical therapists, and other medical providers who you have visited. Your lawyer may not be aware about them and might not be able get the money owed from your settlement. While there is no way to completely compensate for the physical and emotional trauma you've experienced as a result of the negligence of another, an injury lawsuit can help. By proving that the other person's negligence is the cause of your serious injuries or the death of a loved ones you may seek damages to compensate for medical bills, lost wages and other non-economic losses such as pain and suffering. Suffering and pain As opposed to the economic damages, like medical bills and loss of income It is hard to determine a dollar amount on pain and suffering. This is why it's crucial to have a competent lawyer who can explain to jurors how your injury has affected your life. Evidence like witness testimony and medical records, and photos are all helpful. But, describing to the jury how your injury has affected your life and hindered you from engaging in hobbies and activities can also make a significant impact. Your lawyer may use one of two common methods to calculate your suffering and pain that is the Multiplier method or the Per Diem method. The Multiplier method takes all your monetary damages and then multiplies that amount by a number between one and five, based on the severity of your injuries. The Per Diem method assigns a specific dollar amount to each day you were injured and multiplies the sum by the number of days it will take to reach your full recovery. Your lawyer will consider a variety of factors to determine the right settlement amount for your discomfort and pain. 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 emotional stress, mental suffering and physical pain. This includes emotions like depression, anxiety, and grief. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause extreme mental pain. Layton injury attorney or any other expert can testify about the severity of your injury and how it has affected you. This can be done through written reports and through face-to-face testimony. The more details you can provide the greater chance it is that your lawyer will be able to get you a larger amount of compensation for your pain and suffering. Although the majority of personal injury cases involve accidents, you may also pursue an action against someone who deliberately harmed you. This kind of negligence claim is called a civil tort. While these kinds of claims are not common but there are a myriad of types of civil torts that may be filed, including wrongful death, medical malpractice dog bite injuries and defamation lawsuits. Damages After an accident, a monetary award can help someone get back on their feet. It may also be used to compensate for more intangible losses such as suffering and pain. Damages are typically paid through an insurance settlement, or by the judge or jury when the case is in the court. In general there are two kinds of damages: compensatory or punitive. Compensatory damages reimburse the plaintiff for actual costs and are available in nearly every personal injury lawsuit. Punitive damages are used to punish criminals and deter future similar behavior. When seeking compensation, it is essential to include not only the past losses, like medical bills and lost wages, but also estimated future losses and expenses. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also important to take into consideration how the injury has affected your quality of life. For instance, if can no longer play with your kids or take part in other activities you normally do, it is crucial to take into account the losses. The easiest method to calculate past losses is by simply adding up the amount you've paid and the amount you've lost. However, to estimate future medical expenses and a decrease in earning power, you'll need medical note from a doctor that outlines the length of time you will be unable to work and your typical hourly rate. Then, you can divide the number of days between the date of the maximum improvement in your medical condition and the date you're scheduled to resume work by the daily rate to calculate the estimated loss of earnings. You may also be entitled to compensation for “loss or consortium” in the event that your injury has caused emotional stress in your relationship with your spouse or other family members. It's difficult to put a price on suffering and pain, but you deserve the full and fair compensation for your injury. Often, this category of damages will be based on a jury or judge's judgment, rather than on concrete evidence. Your attorney can explain this in greater detail and assist you in determining the level of damages you are entitled to for your injuries.