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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. From the cost of medical bills and lost wages to suffering and pain you might feel overwhelmed by the consequences of your injuries. Some costs are easy to calculate, like medical expenses or the cost of missing work. Certain costs are subjective like your suffering and pain. Lost wages The loss of income resulting from injuries can be catastrophic. Many families rely on wages for basic living expenses like mortgage or rent payments, groceries and utility bills. In New York, injured workers might be eligible to file a personal injury claim against the driver at fault to claim the cost of lost wages. However the success of a claim is contingent on the evidence that the injury caused the loss in wages and it was proximately related to the crash. To calculate your lost wages, you need to 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 over your old pay stubs. A lawyer can help you collect the necessary documents to prove your claim. If you have more than one employer, or have multiple sources of income, it is important to include both salaries in your AWW calculation. It is also important to include any financial benefits you are entitled to, like health insurance, retirement contributions, or bonuses. You may not be capable of returning to work, or you might only be able to do so in a reduced capacity, depending on the severity of the injury. If you're in this circumstance, your insurance company may be required to provide temporary benefits like a weekly fixed payment based on a certain percentage of your average wage. You may also be entitled to reimbursement for the paid time off (PTO) that you took to recover from your injuries. The value of PTO is generally considered to be the equivalent of one day's wages. When calculating your lost wages it is important to consider the work-related expenses you have incurred. This could include the cost of any transportation, meals or equipment required to help you recover. While workers' compensation can provide you with the medical care and compensation for the loss of your current wages, it cannot guarantee future lost earnings. If your injury hinders you from working in the exact same field or earning the same wage you earn, you may apply for compensation by filing a separate claim called “lost earnings capacity.” You will be required to prove your injury has impacted your ability to pursue your chosen career path. Medical bills Many people are shocked by the cost of a hospital stay, especially if it is an emergency room visit. The cost of outpatient care can be high. This is because medicine is a for-profit business, and doctors must cover their costs and make profit. Therefore, Palmdale injury lawsuit are entitled to levy your personal injury settlement or award to recover the amount they have been billed. Medical bills are included in the compensation claim for injuries caused by negligence. They are usually reimbursed by the party at fault and their insurance company. However, during the pendency of a car crash case it is your responsibility to pay the medical bills. After your personal injury coverage (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 essential to keep your health insurance details on the medical provider's file so that they can send them the bills. It is also important to confirm that the medical providers who have treated you are authorized to treat you by the Workers' Compensation Board. If they're not then you'll be responsible for paying the bills once you receive your personal settlement for injury. It is also important to inform your accident lawyer about the doctors, physical therapists and other medical professionals you've visited. Your lawyer might not be aware of them and may not be able to collect the amount due from your settlement. An injury lawsuit can aid you in recovering from the physical and emotional trauma that you have suffered due to the negligence of other people. 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 could seek damages to pay for lost wages, medical bills and other losses that are not economic, such as pain and suffering. Pain and suffering Unlike economic damages, such as medical bills and income loss it is difficult to determine a dollar amount on pain and suffering. This is why it is essential to hire a skilled attorney who can show a jury how your injury has affected you. Having evidence such as photos, witness testimony and copies of your medical records could help. However, explaining to the jury how your injury impacted your lifestyle and prevented you from enjoying activities and hobbies can be a major factor. Your lawyer can use either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method is a method of adding up the amount of money you have lost, and multiplies it by a number ranging from one to five depending on the severity of your injury. The Per Diem method assigns an amount of money for every day you've been injured, and multiplies this number by the number of days it will take to fully recover. These are just two of the many aspects that your lawyer will consider to determine the most fair amount of settlement for your pain and suffering. Computers and algorithms are unable to determine pain or suffering, so each case should be evaluated individually. In addition to evaluating your actual physical pain emotional anguish, mental stress and distress should be considered. This includes emotions such as depression, anxiety, and grief. Post-traumatic stress disorder (PTSD) is a severe mental condition that can cause extreme mental pain. A psychologist or other expert can testify to your injuries and how it has affected your life. This can be done via written reports or through face-toface testimony. The more details you provide the more your attorney can help you get a higher compensation for your pain and discomfort. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are accidents. This kind of negligence claim is known as a civil tort. Civil torts are not uncommon, even though these claims are not common. They include wrongful death, medical negligence, dog bite injuries and defamation lawsuits. Damages A financial amount paid to someone in compensation for an injury could aid them in getting back on their feet following an accident. It can also compensate for other intangible losses, such as suffering and pain. Typically, damages are paid by the defendant through an insurance settlement or by the jury or judge in court cases. In general there are two kinds of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual costs and are available in almost every personal injury lawsuit. Punitive damages penalize the offender and prevent similar actions in the future. It is crucial to include future expenses and costs when you request compensation. This includes prescription drugs as well as future surgeries, and other unexpected costs. It is crucial to take into account the effects of your injury on your quality of life. For instance, if can no longer play with your kids or take part in other activities you normally do, it is crucial to account for those losses. The easiest method to calculate past losses is simply adding up the amount you've paid and the wages you've missed. However, to calculate future medical expenses and a decrease in earning power, you'll need medical note from a doctor that outlines the amount of time you will be in a position to work and your usual hourly rate. Then, you can divide the number of days between the date of the maximum improvement in your medical condition and the date when you're scheduled to resume work by the 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 distress in your relationship with your spouse or other loved ones. It's hard to quantify pain and suffering however, you should receive an adequate and fair amount of compensation for your injuries. In most cases, this category of damages will be determined on a jury's or judge's judgment rather than on hard evidence. Your attorney can explain it in detail and assist you in determining the amount of damages you are entitled to.