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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 impact of your injuries, ranging from medical bills and lost income to suffering and pain. Certain costs are simple to calculate, like your medical expenses or missed work. Some costs are more subjective, such as your pain and suffering. Loss of wages The loss of income resulting from injuries can be catastrophic. Many families rely on their income to pay essential expenses like rent or mortgage payments and food expenses. In New York, injured workers can file a personal injury claim against the driver at fault to recover the lost wages. However the claim's success depends on the proof that the injury caused the loss in wages and it was directly related to the accident. The first step to calculate the loss of your wages is to determine the average weekly wage (AWW) that you earned prior to your injury. This can be done by looking at past pay statements. An attorney can assist you to collect the necessary documents to support your claim. Include both your salaries when you have more than one employer or have multiple sources of income. It is also beneficial to include any other financial benefits you're receiving such as bonuses and health insurance, as well as retirement contributions. It is possible that you will not be able to return to work, or you might only be able to do so in a reduced capacity, based on the nature of the injury. If you find yourself in this scenario your insurance provider may have to provide temporary benefits such as weekly fixed payments which is based on a percentage of your wage. You could also be entitled to reimbursement for the paid time off (PTO) that you used while you were recovering from your injuries. The value of PTO generally equals one day's wage. Another factor to be taken into account when the calculation of your lost wages is the cost of any work-related expenses you have incurred. This could include the cost of any transportation, meals, or equipment needed to help you recover. While workers' compensation can provide you with the required medical care and compensation for the loss of your current wages, it does not guarantee future lost earnings. If your injury stops you from working in the same field or earning the same salary you earn, you can claim compensation through an additional claim referred to as “lost earnings capacity.” You'll need to provide evidence that your injury has impacted your ability to pursue your career path. Medical bills Many people are shocked by the cost of hospitalization especially when it's an emergency room visit. The cost of treatment for outpatients is also quite high. This is because medical practices are for profit and doctors must pay their costs in order to make a profit. As a result, they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they have been paid. Medical bills are deemed to be a part of the claim for compensation for injuries caused by the negligent actions of another. In the majority of cases, the person who is at fault and their insurance company reimburse these medical bills. However, during the pendency of a car accident case, it is your responsibility to pay for medical expenses. After your personal injury protection (PIP), which has the limit of $8,000 or $2200 is exhausted, you are able to make use of the remaining health insurance coverage to pay your medical expenses. It is important to have your health insurance details on file at the medical provider in order to be able to send these bills to them. You should also check that the medical providers who have treated you are licensed to treat you by the Workers' Compensation Board. If they're not, you will be liable for the costs should you ever receive a personal injury settlement. It is also crucial to inform your attorney regarding all of the doctors' offices, physical therapists and other medical providers you have been to. Your lawyer may not be aware of them and might not be able collect the amount due from your settlement. While there is no way to fully cover the physical and emotional trauma you have experienced as a result of the negligence of another or another, a lawsuit for injuries can be a great help. You could receive compensation for your injuries, or the loss of a loved one in the event that you can prove that the negligence of the other party caused it. This includes medical expenses, lost wages, and other damages that are not economic, such as pain and discomfort. Suffering and pain In contrast to economic damages, such as medical bills and income loss It is hard to place a dollar amount on the pain and suffering. It is important to hire an attorney who can to explain to a juror the impact of your injury on you. Evidence such as witness testimony or copies of your medical records, and photographs are all helpful. However, explaining to the jury how your injury has affected your life and hindered you from engaging in sports and hobbies can be a major factor. Your lawyer may use the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method adds up the amount of money you have lost, and multiplies it by a number between one and five, depending on the severity of your injury. The Per Diem method assigns a specific dollar amount to each day you were injured and multiplies that number by the total days it will take you to reach your full recovery. These are only two of the many factors that your attorney will consider to determine a fair settlement figure for your pain and suffering. It isn't something that can be measured by a computer or an algorithm and a personal injury case requires careful consideration of the particular factors that affect each victim's situation. You must also take into consideration your emotional stress, mental discomfort and physical pain. This includes emotions such as fear, depression, grief and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. A psychologist or any other expert can testify to your injuries and how it has affected you. This can be done by written reports or in person testimony. The more information you can provide, the better your attorney will be able to help you obtain a greater amount of compensation for your discomfort and pain. While the majority of personal injury cases involve accidents, you can also pursue an action against someone who deliberately harmed you. This type of negligence claim is called a civil tort. While these kinds of claims are rare but there are a myriad of types of civil torts that can be filed for, including wrongful death, medical malpractice dog bite injuries and defamation lawsuits. Damages A monetary sum awarded to a person as compensation for an injury could aid them in getting back on their feet after an accident. It may also cover intangible losses, such as pain and suffering. Typically, damages are paid by the defendant as an insurance settlement or by the judge or jury in a court case. Generally, there are two categories of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for the actual cost. They are offered in almost every personal injury claim. Punitive damages penalize wrongdoers and deter future similar behavior. It is important to include future expenses and costs when you request compensation. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also important to take into consideration how the injury may have affected your quality of life. For Temecula injury lawyer You Tube , if you can no longer play with your children or participate in other activities that you normally do, it is important to account for those losses. Add up your expenses and wages missed to make a quick calculation of losses in the past. To calculate the future medical expenses and the potential for earnings loss, you'll require an official letter from your doctor stating how long you'll be out of work and the average 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 resume work by the rate you earn daily to calculate estimated lost earnings. Additionally, if the injury has harmed your relationships with your family members, you may be eligible for compensation for the loss of companionship or “loss of consortium.” This type of compensation is designed to ease the emotional pain that an injury has on your relationship with your spouse and other loved ones. It's hard to quantify pain and suffering, but you deserve an adequate and fair amount of compensation for your injuries. Often, this category of damages will be determined on a jury's or judge's judgment rather than on hard evidence. Your attorney can explain this in more detail and help you determine the level of damages you deserve for your injury.