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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. From medical bills and lost wages to pain and suffering you may be overwhelmed by the consequences of your injuries. Certain costs, like your medical expenses or lost wages are easy to estimate. Some costs are more subjective, like your pain and suffering. Lost wages Accidents that result in a loss of income could be devastating. Many households rely on wages to cover basic expenses, including mortgage or rent payments, groceries and utilities. In New York, injured workers can file a personal injury claim against the driver who was at the fault in order to obtain compensation for lost wages. However the success of a claim is contingent on proof that the injury was the cause of the wage loss and that it was proximately 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 before your accident. This can be accomplished by looking through your previous pay statements. 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 is important to include both salaries in your AWW calculation. It is also advisable to include any additional financial benefits you're receiving, such as bonuses, health insurance or retirement contributions. It is possible that you will not be capable of returning to work or may only be able to do so in a reduced capacity, based on the severity of the injury. If you find yourself in this situation the insurance company might have to provide temporary benefits like a weekly fixed payment based on a certain percentage of your income. You may be eligible for reimbursement for the time you worked off (PTO) that you took during the time you were recovering from your injuries. The value of PTO typically equals one day's wage. Another factor that needs to be considered when making a calculation of your lost wages is the costs of any expenses related to work you incurred. This could include the cost of transportation, meals, or equipment needed to help you recover. Workers' compensation does not cover future earnings. If your injury stops you from working in the same field or with the same wage you can seek compensation for future losses via a separate process called “lost earning capacity.” To be able to prove this claim, you will need provide evidence of the impact your accident has had on your capacity to pursue a specific 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 is also quite expensive. This is because medicine is a profitable business, and doctors have to cover their costs and make profits. Therefore, they are entitled to place a lien on your personal injury settlement or award in order to recover the amount they've been paid. Moreno Valley injury attorney are included in the compensation claim for injuries caused by negligence. In most cases, the person who is at fault and their insurance company reimburse the medical bills. The responsibility lies with you to pay these medical expenses during the time that the case is pending. When your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200 you can apply your health insurance plan to pay the rest of your medical expenses. It is crucial to have your health insurance information 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 aren't you'll be accountable for paying the bills once you receive the personal injury settlement. It is also important to make sure that you inform your attorney regarding all the doctors' offices, physical therapists and other medical providers you have seen. Your lawyer might not be aware about them and might not be able get the money due from your settlement. An injury lawsuit can assist you in recovering from the physical and emotional trauma you've experienced due to the negligence of other people. If you can prove that the other person's negligence was the cause of your serious injuries or the death of a loved one, you could seek damages to pay for medical bills, lost wages and other non-economic losses such as suffering and pain. Suffering and pain In contrast to economic damages, such as medical bills and income loss, it is difficult to place a dollar amount on the pain and suffering. This is why it's important to have a skilled lawyer who can explain to jurors how your injury has affected your life. Having evidence such as photos, witness testimony and copies of your medical records may help. Explaining to the jury that your injury has impacted your lifestyle and prevented your from enjoying hobbies and other activities could be a significant factor. Your lawyer could employ one of two common methods for calculating your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method takes all the damages you've suffered financially 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 amount of money to each day you were injured, and then multiply the sum by the number of days it will take you to recover fully. These are just two of the many factors that your lawyer will take into consideration to determine a fair settlement amount for your pain and suffering. Computers and algorithms are unable to calculate the intensity of pain or suffering, therefore each case must be evaluated each case individually. You should also consider your emotional stress, mental distress and physical pain. This includes feelings like fear, depression, grief and anxiety as well as shock. Severe mental pain can even include PTSD or post-traumatic stress disorder. A psychologist or other expert can testify to your injury and how it has affected you. This can be done with 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 secure you a larger amount of compensation for your pain and suffering. While most personal injuries involve accidents, you may also bring a lawsuit against someone who deliberately harmed you. This kind of negligence claim is referred to as a civil tort. Although these types of claims aren't common however, there are a variety of civil torts that may be filed, including medical malpractice, wrongful death dog bite injuries and defamation lawsuits. Damages A financial amount paid to someone as compensation for an injury could aid them in getting back on their feet following an accident. It could also be used to compensate for intangible losses, such as pain and suffering. Typically the damages are paid by the defendant in an insurance settlement or by the jury or judge in court cases. In general there are two types of damages: compensatory or punitive. Compensatory damages reimburse the plaintiff for actual costs and are offered in nearly every personal injury claim. Punitive damages penalize the offender and discourage similar conduct in the future. It is essential to include future expenses and costs when you request compensation. This includes prescription drugs as well as future surgeries and unexpected costs. It is crucial to think about the consequences of your injury to your quality of life. For instance, if can no longer play with your kids or take part in other activities that you normally do, it is crucial to take into account the losses. The most straightforward way to estimate past losses is simply adding up the amount you've spent and the earnings you've missed. To estimate future medical costs and reduced earning potential, you'll require a doctor's letter indicating how long you will be absent from work and your average hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the expected return to work by this daily rate to calculate estimated lost income. Additionally, if the accident has damaged your relationships with family members, you may be eligible for compensation for the loss of companionship or “loss of consortium.” This type of compensation is designed to offset the emotional distress caused by the effect an injury can have on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you deserve fair compensation. Most often, this type of damages will be based on a judge or jury's judgment rather than on hard evidence. Your attorney can explain this in detail and assist you in determining the amount of damages you're entitled to.