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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the way you live. You might be overwhelmed by the impact of your injuries, ranging from medical bills and income loss to suffering and pain. Certain costs, like your medical expenses or lost wages are simple to estimate. Some costs are more subjective, like your pain and suffering. Lost wages Loss of income due to injury can be a devastating loss of income. Many households depend on income to pay for their basic expenses like mortgage or rent payments, groceries and utilities. In New York, injured workers are able to file a personal injury claim against the driver who was at fault to recover compensation for their lost wages. However, a successful claim 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 your lost earnings is to find the average weekly wage (AWW) that you earned before your injury. Lakeland injury lawyers can be done by looking through your previous pay statements. A lawyer can help you gather the appropriate documents to prove your claim. If you work for more than one employer or have multiple sources of income, it's crucial to include both wages in your AWW calculation. You should also include any financial benefits you receive, such as retirement and health insurance, or bonuses. Based on the nature of your injury, you could be unable to return to work or be able to return at a reduced capacity. If you're in this scenario the insurance company has to provide you with temporary benefits, such as a fixed payment each week which is based on the percentage of your average weekly earnings. You may be eligible for reimbursement for your paid time off (PTO) which you utilized to recover from your injuries. The value of PTO generally equals one day's wages. When calculating your lost wage, you should also consider the work-related expenses you've paid for. This can include the cost of any transportation, meals or equipment needed for your recovery. Workers' compensation will not guarantee future earnings. If your injury hinders you from working in the same field or earning the same amount you earn, you are able to apply for compensation through a separate claim called “lost earnings capacity.” You will need to provide evidence that the accident has affected your ability to pursue your career path. Medical bills Many people are shocked by the cost of a hospital stay especially when it's an emergency room visit. The cost of treatment for outpatients can also be very expensive. This is because medical practices are for profit and doctors have to cover their expenses to earn profits. They therefore have the right to levy a lien on your personal injury settlement in order to recover the amount they have been assessed. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually refunded by the at-fault party and their insurance company. You are responsible for paying these medical expenses while the case is pending. When your personal injury protection (PIP) has reached its $8,000 or $2,200 limit You can then use your health insurance to cover the remainder of your medical expenses. It is essential to keep your health insurance details on file at the medical provider to allow them to send these bills to them. In addition, you should be sure that the doctors you've 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 once you receive the personal injury settlement. It is also important to inform your accident lawyer about the doctors, physical therapists, and other medical providers who you have visited. Your lawyer may not be aware about them and might not be able to recover the amount owed from your settlement. While there is no way to completely compensate for the physical and emotional trauma you've experienced because of the negligence of another or another, a lawsuit for injuries could be helpful. If you can prove that the other person's negligence caused of your serious injuries or the death of a loved ones you may seek damages to compensate for the loss of wages, medical expenses and other losses that are not economic, such as pain and suffering. Suffering and pain In contrast to economic damages, such as medical bills and loss of income it is difficult to put a dollar value on pain and suffering. It is crucial to choose a lawyer who is able to explain to a juror how your injuries affected you. Evidence like witness testimony and medical records, and photographs are all helpful. However, describing to the jury how your injuries have impacted your lifestyle and hindered you from engaging in activities and hobbies can be a major factor. Your lawyer can use one of two common methods to calculate your suffering and pain, which are the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you have incurred and multiplies the amount by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific dollar amount for each day that you suffered an injury and then multiplies the sum by the number of days it will take you to reach your full recovery. Your lawyer will consider many aspects to determine the appropriate settlement amount for your discomfort and pain. Computers and algorithms are unable to determine the intensity of pain or suffering, therefore every case has to be assessed individually. In addition to evaluating your actual physical pain mental anguish and emotional distress must be considered. This includes emotions like fear, depression, grief, anxiety and 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 about your injuries and how it has affected you. This can be done by written reports or in person testimony. The more details that you provide the better chance it is that your lawyer will be able to secure you a greater amount of compensation for your pain and suffering. While the majority of personal injury cases involve accidents, you can also file 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 deaths, dog bite injuries and defamation suits. Damages Following an accident, a monetary award can assist someone in getting back on their feet. It could also be used to compensate for intangible losses, such as pain and suffering. Damages are typically covered by an insurance settlement or a judge or jury if the case is in the court. In general there are two types of damages: compensatory or punitive. Compensation damages compensate the plaintiff for actual costs and are available in almost every personal injury claim. Punitive damages are used to punish criminals and prevent future similar actions. When seeking compensation, it is crucial to include not just past losses, such as medical bills and lost wages, but also estimates of future expenses and losses. This includes prescription medications as well as future surgeries, and other unexpected expenses. It is also important to take into account the effects of your injury on your quality of life. For instance, if you can no longer play with your children or participate in other activities that you normally do, it is important to consider the loss. The easiest method to estimate past losses is by adding up the amount you've spent and the amount you've lost. To calculate the future medical expenses and the potential for earnings loss you'll need a doctor's letter indicating how long you will be out of work and your average hourly rate. Then, you'll be able to divide the number of days between your date of greatest medical improvement and the date when you're expected to return to work by that daily rate to calculate the estimated loss of earnings. You may also be entitled to compensation for “loss or consortium” in the event that your injury has caused emotional stress in your relationship with your spouse or other family members. It's difficult to quantify pain and suffering however, you should receive an adequate and fair amount of compensation for the injury. Most often, this type of damages will be determined on a jury or judge's judgment, rather than on concrete evidence. Your attorney can explain this in detail and assist you in determining the amount of damages you are entitled to.