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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. You may be overwhelmed by the effects of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Certain costs, like your medical expenses or lost wages are easy to calculate. Others are more subjective, like your suffering and pain. Lost wages Loss of income due to injury can be devastating. Many households rely on their income to pay basic living expenses such as rent or mortgage payments and food items. In New York, injured workers can file a personal injuries claim against the driver who was at the fault to receive the lost wages. However the claim's success depends on the proof that the injury was the cause of the loss in wages and it was proximately related to the accident. To calculate your lost wages, first determine your average weekly wage (AWW), which is the amount that you earned prior to your accident. This can be done by looking through your previous pay stubs. A lawyer can help you gather the appropriate documents to prove your claim. Include both your salaries if you have more than one employer, or multiple sources of income. It is also advisable to include any other financial benefits you receive like bonuses and health insurance, as well as retirement contributions. Based on the nature of your injury, you might be unable to return to work at all or only be able to return to the job at a lower level. If you are in this scenario the insurance company has to provide you with temporary benefits, such as a fixed payment each week that is based upon a percentage of your average weekly earnings. You may also be entitled to a reimbursement of your paid time off (PTO) that you used during your recovery from your injury. The value of PTO is generally considered to be the equivalent of a day's wage. 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 required for your recovery. Workers' compensation does not provide future earnings. If your injury prevents you from working in the same field or with the same salary you can seek compensation for future losses via a separate process called “lost earning capacity.” In order to prove your claim, you'll need to prove the impact your accident has had on your ability to pursue a specific career path. Medical bills Many people feel sticker shock when they look at the cost of an hospital visit, particularly an emergency room trip. The cost of treatment for outpatients can be quite expensive. This is because medicine is a for-profit business and the doctors must pay for their expenses and turn a profit. In turn they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they were charged. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually refunded by the party at fault and their insurance company. The responsibility lies with you to pay these medical bills while the case is pending. After your personal injury coverage (PIP) which has an amount of $8,000 or $2200, is exhausted, you are able to use the rest of your health insurance policy to cover your medical expenses. It is essential to keep your health insurance details on file at the medical provider so that they can pay these bills directly to them. You should also ensure whether the medical professionals who have treated you are authorized to do so by the Workers' Compensation Board. If they aren't you'll be accountable for paying the bills once you receive the personal settlement for your injury. You should also inform your lawyer for accidents about all the doctors, physical therapists and other medical professionals that you have visited. Your lawyer might not be aware of these and may not be able collect the amount due from your settlement. Although there is no way to completely cover the emotional and physical trauma you've endured as a result of the negligence of someone else the other party, a lawsuit for injury could be helpful. If you can prove that the other person's negligence is the cause of your serious injuries or the loss of a loved one You may seek damages to compensate for medical bills, lost wages and other losses that are not economic, such as suffering and pain. Pain and suffering Pain and suffering are difficult to quantify in dollars. This is because they aren't economic damages like medical bills or loss of income. This is why it's important to have a skilled attorney who can explain to a jury how your injury has affected you. The presence of evidence like photos, witness testimony, and copies of your medical records can help. Explaining to the jury that your injury has impacted your life and prevented you from enjoying hobbies and other activities could have a significant impact. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method totals up all the damages you've suffered financially and multiplies that number by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money to each day you're injured, and then multiplies that number by the number days required to fully recover. Your attorney will take into account many factors to determine the right settlement amount for your discomfort and pain. Computers and algorithms are unable to determine pain or suffering, which is why each case must be evaluated each case individually. In addition to evaluating your actual physical pain, mental anguish and emotional distress must be considered. This includes feelings like grief, depression, fear and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. The best method to prove your loss of enjoyment of life is to have a trained expert like psychologist, testify to how the injury has affected you. This can be done via written reports or in person testimony. The more information you can provide the better your attorney will be able to help you receive a better settlement for your discomfort and pain. Although the majority of personal injury cases involve accidents, you can also pursue an action against someone who has intentionally hurt you. This kind of negligence claim is known as a civil tort. Civil torts are not unheard of even though they are rare. They include medical negligence, wrongful death as well as dog bite injuries. defamation suits. Damages A monetary sum awarded to a person as compensation for their injury can help them get back on their feet after an accident. It could also cover other intangible losses, such as suffering and pain. Typically the damages are paid by the defendant in an insurance settlement or by the jury or judge in a court case. In general, there are two types of damages: compensatory or punitive. Compensatory damages pay the plaintiff for actual costs and are available in nearly every personal injury case. You Tube are used to punish criminals and prevent future similar actions. It is important to include future costs and expenses when requesting compensation. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is important to also consider the effects of your injury on your quality of life. For instance, if can no longer play with your children or participate in other activities you usually do, it is important to consider the loss. The most straightforward way to calculate past losses is simply adding up the amount you've paid and the wages you've missed. To estimate the future medical bills and lower earning power, you'll need an official note from your doctor stating the length of time you'll be unable to work and your typical hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the expected return to work, using this daily rate to calculate the estimated loss in income. 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 loved ones. It's hard to quantify pain and suffering however, you should receive full and fair compensation for your injuries. This type of compensation is usually based on a judge's or jury's judgement rather than evidence. Your lawyer can explain it in detail and assist you in determining the amount of damages you're entitled to.