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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live. You may feel overwhelmed with the consequences of your injuries, ranging from medical bills and lost income to pain and suffering. Certain costs are simple to calculate, such as your medical expenses or missed work. Other costs are more subjective, like your suffering and pain. Loss of wages Injury-related income loss can be devastating. Many households rely on wages for basic living expenses like mortgage or rent payments, food and utilities. In New York, injured workers can file a personal injuries claim against the driver who was at the fault to receive compensation for lost wages. A successful claim requires evidence that the injury was the cause of the wage loss, and that it is directly connected to the accident. To determine your lost wages, you must 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 through your previous pay stubs. An attorney can assist you to gather documents to support your claim. If you work for more than one employer, or have multiple sources of income, it's essential to include both your salaries in your AWW calculation. It is also advisable to include any additional financial benefits you receive such as bonuses as well as health insurance or retirement contributions. It is possible that you will not be able to return to work, or you might be able do so in a reduced capacity, depending on the severity of the injury. If you are in this scenario the insurance company will need to provide you with temporary benefits, for example, a weekly fixed payment that is based upon a percentage of your weekly income. You may also be entitled to reimbursement for your paid time off (PTO) which you utilized while you were recovering from your injuries. The value of PTO is generally thought to be equal to the equivalent of one day's wages. When calculating your lost wage, you should also consider any costs related to work that you have to pay. This includes any travel, meals, or equipment required for your recovery. While workers' compensation provides you with the necessary medical treatment and compensation for the loss of your current wages, it does not cover future lost earnings. If your injury prevents your from working in the same field or earning the same wage you earn, you can apply for compensation under an additional claim referred to as “lost earnings capacity.” You'll be required to prove your accident has affected your ability to pursue your desired career path. Medical bills Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. The cost of outpatient treatment can also be very high. This is due to the fact that medicine is for-profit and doctors have to cover their expenses in order to make a profit. They are therefore entitled to put a lien on your personal injury settlement in order to recover the amount that they have been charged. Medical bills are considered to be a part of the claim to compensation for injuries caused by the negligence of another. In most cases, the at-fault person and their insurance company reimburse the medical bills. However, in the event of a delay of a car accident case it is your obligation to pay the medical bills. After your personal injury coverage (PIP) that has an amount of $8,000 or $2200, is exhausted, you can use the rest of your health insurance coverage to cover your medical expenses. Lexington injury attorney is crucial to have your health insurance details on the medical provider's file so that they can pay these bills directly to them. Additionally, you must ensure that any of the doctors you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not, you'll be liable for the costs in the event that you receive a personal injury settlement. It is also crucial to make sure that you tell your accident attorney about all of the doctors' offices, physical therapists and other medical providers you have been to. Your lawyer might not be aware about them and might not be able to collect the amounts that are owed 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, an injury lawsuit can be a great help. In the event that you can prove that another person's negligence caused of your serious injuries or the death of a loved ones You can seek damages to pay for medical bills, lost wages and other non-economic losses such as suffering and pain. Pain and suffering The effects of suffering and pain are difficult to quantify in dollars. This is because they are not economic damages like medical expenses or loss of income. This is why it's important to have a skilled lawyer who can explain to a jury how your injury has affected your life. Evidence like witness testimony or copies of your medical records and photos are all helpful. The jury should be able to understand that your injury has affected your life and prevented you from enjoying hobbies and other activities could be a significant factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method is a method of adding up your monetary damages and then multiplies it by a number from one to five, dependent on the severity of your injury. The Per Diem method assigns an amount of money to every day you've been injured, and then multiplies that number by the number of days you will need to recover fully. These are only two of the many factors that your lawyer will take into consideration to determine a fair settlement figure for your pain and suffering. Pain and suffering is not something that can be measured by a computer or algorithm, so an injury case involving a person requires careful consideration of the particular elements that impact the individual victim's circumstance. In addition to assessing 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. The most severe mental pain could include PTSD, or post-traumatic stress disorder. The best method to prove your loss of enjoyment of life is to have a qualified expert such as psychologist, testify to how the injury has affected you. This can be done by written reports or in person testimony. The more information you provide, the better your attorney will be able to help you receive a better settlement for your pain and discomfort. Although the majority of personal injury cases involve accidents, you can also bring a lawsuit against someone who intentionally harmed you. This kind of negligence claim is described as a civil tort. Civil torts are not uncommon even though they are not common. They include medical negligence, wrongful deaths as well as dog bite injuries. defamation suits. Damages A financial amount paid to a person as compensation for an injury may aid them in getting back on their feet after an accident. It may also cover intangible losses like pain and suffering. Typically the damage is paid by the defendant in an insurance settlement or by a jury or judge in court cases. In general there are two types of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for actual expenses and are available in almost every personal injury case. Punitive damages penalize wrongdoers and prevent future similar actions. 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 drugs, future surgeries and any other unforeseeable costs. It is also essential to consider how the injury has affected your life quality. For example, if you can no longer play with your children or engage in other activities you normally do, it is important to consider the loss. The easiest way to calculate past losses is by adding up the amount you've paid and the wages you've missed. To determine the cost of future medical expenses and reduced earning potential You'll need an official letter from your doctor stating the length of time you'll be off work and your hourly rate. You can then divide the number of days between the date of your greatest medical improvement and the expected return to work, by this daily rate, to calculate estimated lost income. Additionally, if the 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 kind of compensation is designed to offset the emotional distress caused by the impact an injury can have on your relationship with your spouse and other loved ones. It's difficult to quantify the pain and suffering that you endure, but you deserve an adequate and fair amount of compensation for your injury. This category of damages is usually based on a judge's or jury's judgement instead of hard evidence. Your attorney can explain this in greater depth and help you decide the amount of damages you deserve for your injury.