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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the how you live your life. From the cost of medical bills and lost wages to pain and suffering you may be overwhelmed by the impact of your injuries. Certain costs are simple to calculate, such as medical expenses or the cost of missing work. Some costs are subjective, like your pain and suffering. Loss of wages Injury-related income loss can be devastating. Many families rely on their wages to cover the essential costs of living, such as mortgage or rent payments as well as food expenses. In New York, injured workers can file a personal injuries claim against the driver who was at the fault in order to obtain compensation for lost wages. However the claim's success depends on proof that the injury was the cause of the wage loss and that it was directly related to the crash. The first step to calculate your lost earnings is to find the average weekly wage (AWW) that you earned before your accident. This can be done by looking over your previous pay receipts. An attorney can assist you to collect the necessary documents to support your claim. Include both wages when you have more than one employer or have multiple sources of income. Include any financial benefits you receive, such as retirement and health insurance, or bonuses. Depending on the nature of the injury, you may be in a position to not return to work or be able to return at an unassailable level. If you're in this situation the insurance company has to provide you with temporary benefits, for example, a fixed payment each week that is based upon a percentage of your weekly earnings. You may be eligible for reimbursement of your paid time off (PTO), which you utilized in your recovery from your injury. The value of PTO typically equals one day's wage. When calculating your lost wages, you should also consider any work-related costs that you have incurred. This can include the cost of any transportation, meals, or equipment necessary to help you recover. Workers' compensation does not guarantee future earnings. If your injury prevents you from working in the same field or earning the same wage, you can request compensation for future losses using a separate process called “lost earning capacity.” In order to prove this claim, you'll need to prove the impact your injury has had on your ability to pursue a specific career path. Medical bills Many people experience sticker shock when they see the costs of a hospital visit, especially an emergency room visit. Outpatient treatments can be costly. This is because medicine is for-profit and doctors have to cover their expenses in order to earn profit. In turn they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they have been charged. 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. However, in the event of a delay of a case involving a car accident it is your obligation to pay for medical expenses. Once your personal injury protection (PIP) has exhausted the limit of $2,200 or $8,000, you can use your health insurance to pay the remainder of your medical expenses. It is important to have your health insurance information in the the medical provider's file to allow them to pay these bills directly to them. You Tube is also important to confirm that the medical providers who treated you are authorized to do so by the Workers' Compensation Board. If they aren't then you'll be responsible for paying the bills when you receive your personal settlement for injury. It is also essential to ensure that you inform your attorney about all of the doctors' offices, physical therapists' and other medical providers you have visited. Your lawyer might not be aware about them and might not be able get the money owed from your settlement. A lawsuit for injury can aid you in recovering from the physical and emotional trauma you've suffered due to the negligence of other people. By proving that the other person's negligence was the cause of your serious injuries or the death of a loved one you can seek damages to pay for the loss of wages, medical expenses and other losses that are not economic, such as pain and suffering. Pain and suffering The effects of suffering and pain are difficult to quantify in dollar terms. This is because they are not economic damages like medical bills or loss of income. It is essential to find a lawyer who is able to explain to a juror the impact of your injury on your life. Evidence such as photographs, witness testimony, and copies of your medical records can help. But, describing to the jury how your injury impacted your lifestyle and caused you to be unable to enjoy hobbies and activities can also make a significant impact. Your lawyer can use either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method takes your monetary damages, and multiplies it by a number from one to five, depending on your severity of 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 days it will take to recover fully. Your attorney will consider a variety of aspects to determine the appropriate settlement amount for your discomfort and pain. It isn't something that can be measured by a computer or an algorithm and an injury case involving a person requires a careful evaluation of the particular factors that affect each victim's situation. In addition to evaluating the physical pain you are experiencing emotional anguish, mental stress and distress should be taken into consideration. This includes feelings like fear, depression, grief and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a severe mental condition that can cause severe mental pain. The best method to prove the loss of enjoyment of life is to have a trained expert, such as psychologist, testify to how the injury has affected you. This can be done with written reports or face-to-face testimony. The more information you can provide, the better your lawyer can assist you to receive a better settlement for your pain and discomfort. While most personal injury cases involve accidents, you can also bring an action against someone who has intentionally hurt you. This type of negligence claim can be described as a civil tort. While these kinds of claims aren't common but there are a myriad of types of civil torts that may be filed for, including medical malpractice, wrongful death, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can assist someone in getting back on their feet. It could also be used to compensate for intangible losses like pain and suffering. Damages are typically paid through an insurance settlement or by jurors or judges in the event of a case being heard in court. Generally there are two types of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual costs and are available in nearly every personal injury case. Punitive damages punish the wrongdoer and discourage similar conduct in the future. When seeking compensation, it is essential to include not just past losses, such as medical bills and lost wages, but also estimated future losses and expenses. This includes prescription drugs as well as future surgeries, and other unexpected costs. It is important to also think about the impact of your injury on your quality-of-life. It is crucial to consider the losses you suffer if, for example, you are unable to play with your kids or participate in other activities you love. The easiest method to determine past losses is by simply adding up the amount you've paid and the amount you've lost. However, to calculate future medical bills and reduced earning capacity, you'll need a doctor's note indicating the amount of time you'll be unable to work and your usual hourly rate. You can then divide the number days between the date of your maximum medical improvement and the date of your expected return to work, using this daily rate, to calculate the estimated loss in income. You could also be entitled to compensation for “loss or consortium” in the event that your accident has caused emotional stress in your relationship with your spouse or other loved ones. It's hard to quantify suffering and pain however, you should receive an adequate and fair amount of compensation for your injury. This type of compensation is usually determined by the judge's or jury's judgment rather than hard evidence. Your attorney can explain this in detail and help determine the amount of damages you're entitled to.