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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. You may feel overwhelmed with the effects of your injuries, ranging from the cost of medical bills and loss of income to pain and suffering. Certain costs, like your medical expenses or lost wages, are easy to estimate. Certain costs are subjective like your pain and suffering. Loss of wages The loss of income resulting from injuries can be a devastating loss of income. Many households rely on wages for basic living expenses like rent or mortgage payments, groceries and utilities. In New York, injured workers could be eligible to file a personal injury claim against the driver who caused the accident to recover the cost of lost wages. A successful claim will require proof that the injury was the cause of the wage loss, and that it is directly related 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 accident. This can be accomplished by looking at your past pay receipts. A lawyer can assist you collect the necessary documents to support your claim. Include both wages in the event that you have more than one employer or multiple sources of income. It is also advisable to include any additional financial benefits you're receiving, such as bonuses and health insurance, as well as retirement contributions. Depending on the severity of the injury, you may be in a position to not return to work in any way or can only return to an unassailable level. If you're in this circumstance the insurance company might be required to provide temporary benefits like an annual fixed payment that is that is based on a specific percentage of your average wage. You could 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 typically equals one day's salary. Another aspect that must be taken into account when making a calculation of your lost wages is the cost of any work-related expenses you incurred. This can include the cost of transport, meals or other equipment needed for your recovery. While workers' compensation can provide you with the required medical treatment and compensation for missed wages, it doesn't provide for future earnings. If your injury prevents you from working in the same field or with the same wage you may be eligible for compensation for future losses using a separate process called “lost earning capacity.” To prove your claim, you'll need to prove the impact your accident has had on your ability to pursue a particular career path. Medical bills Many people are shocked by the cost of a hospital stay particularly if it's an emergency room visit. The cost of outpatient treatment can be quite high. It is because medical practices are for profit and doctors must cover their costs in order to make profit. In turn they are entitled to put a lien on your personal injury settlement or award to recuperate the amount they've been paid. Milpitas injury lawyer are deemed to be a part of the claim to compensation for injuries caused by the negligent actions of another. They are usually reimbursed by the at-fault party and their insurance company. You are responsible for paying these medical bills 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 take advantage of the remainder of your health insurance coverage to cover your medical expenses. However, it is important to have your health insurance's contact information on file with the medical provider to make sure that the bills are paid to them. 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 responsible for paying the bills when you receive the personal settlement for injury. You should also tell your lawyer for accidents about all the physical therapists, doctors and other medical professionals who you have visited. Your lawyer may 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 cover the physical and emotional trauma you've experienced due to the negligence of someone else, an injury lawsuit can help. You could receive compensation for your injuries or the death of someone you love, if you can prove that the negligent party caused the injury. This includes medical expenses or lost wages, as well as other non-economic damages such as discomfort and pain. Pain and suffering The effects of suffering and pain are difficult to quantify in dollar terms. This is because they aren't economic damages, like medical bills or income loss. It is essential to find an attorney who can to explain to jurors the impact of your injury on your life. Evidence like witness testimony, copies of your medical records, and photos can be helpful. Informing the jury that your injury has affected your life and prevented you from enjoying hobbies and other activities could have a significant impact. Your lawyer can use one of two methods to determine your pain and suffering, which are the Multiplier method or the Per Diem method. The Multiplier method takes all the damages you've suffered financially and multiplies the amount by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money for every day you've been injured, and then multiplies that number by the number days you will need to fully recover. Your lawyer will consider a variety of factors to determine the fair settlement amount for your discomfort and pain. Computers and algorithms are unable to determine pain or suffering, so every case has to be assessed each case individually. You must also take into consideration your mental stress, emotional discomfort and physical pain. This includes emotions such as grief, depression, fear and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. The best method to prove your loss of enjoyment is to have a certified expert, such as psychologist, testify on how the injury has affected you. This can be done through written reports or through face-toface testimony. The more details you provide the more your attorney can help you receive a better settlement for your pain and discomfort. While the majority of personal injury cases involve accidents, you can also bring an action against someone who deliberately harmed you. This kind of negligence claim is described as a civil tort. While these kinds of claims are not common however, there are a variety of civil torts that can be filed such as medical malpractice, wrongful deaths dog bite injuries and defamation lawsuits. Damages A monetary sum awarded to someone in compensation for an injury may help them get back on their feet following an accident. It can also compensate for other intangible losses, such as pain and suffering. Damages are typically paid through an insurance settlement or by jurors or judges if the case is in court. In general there are two types of damages: compensatory or punitive. Compensatory damages pay the plaintiff for actual expenses and are available in almost every personal injury claim. Punitive damages penalize the offender and prevent similar actions in the future. It is crucial to include future costs and expenses when you request compensation. This includes prescription medications as well as future surgeries and unforeseen costs. It is important to also consider the impact of your injury on your quality-of-life. For example, if you cannot play with your children or participate in other activities you usually do, it is important to take into account the losses. Add up your expenses and lost wages to make a quick calculation of your losses from the past. To determine the cost of future medical expenses and earnings potential that are less You'll need the doctor's note indicating how long you will be out of work and your average hourly rate. Then, you can divide the number of days between the date of greatest medical improvement and the date when you're scheduled to resume work by the rate you earn daily to calculate estimated lost earnings. In addition, if your accident has damaged your relationships with your family members, you could be eligible for compensation for the loss of companionship, or “loss of consortium.” This kind of compensation is intended to alleviate the emotional stress caused by the impact an injury can have on your relationship with your spouse and other loved ones. It's hard to quantify the pain and suffering that you endure however, you should receive 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 lawyer can explain this in more depth and help you decide the amount of damages you deserve for your injury.