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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 your life. From the cost of medical bills and lost wages to suffering and pain you may be overwhelmed by the effects of your injuries. Some costs are easy to calculate, like your medical expenses or time off work. Certain costs are subjective, like your suffering and pain. Lost wages The loss of income resulting from injuries can be a devastating loss of income. Many households depend on their income to pay the essential costs of living, such as mortgage or rent payments as well as food expenses. In New York, injured workers are able to file a personal injury claim against the driver at the fault to receive compensation for lost wages. A successful claim requires proof that the injury is the cause of the wage loss, and that it is directly related to the accident. The first step to calculate the loss of your wages is to calculate the average weekly wage (AWW) that you earned prior to your injury. This can be accomplished by looking at your past pay statements. A lawyer can help you collect the necessary documents to prove your claim. If you work for more than one employer, or have multiple sources of income, it is essential to include both your salaries in your AWW calculation. It is also advisable to include any additional financial benefits you receive such as bonuses, health insurance or retirement contributions. It is possible that you will 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 find yourself in this situation the insurance company will need to provide you with temporary benefits, such as a fixed payment each week that is based on a percentage of your average weekly earnings. You might also be entitled to reimbursement for your paid time off (PTO) which you utilized to recover from your injuries. The value of PTO is generally considered to be equal to the equivalent of one day's salary. Another factor that needs to be taken into account when the calculation of your lost wages is the costs of any expenses related to work you incurred. This can include the cost of any transportation, meals or equipment needed for your recovery. Workers' compensation is a benefit that provides you with the necessary medical care and compensation for your current missed wages, it cannot cover future lost earnings. If your injury stops you from working in the exact same field or earning the same salary you earn, you may claim compensation through a separate claim called “lost earnings capacity.” You will be required to prove your injury has impacted your ability to pursue your career direction. Medical bills Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. The cost of outpatient care can be quite high. This is because the medical profession is a business and doctors must pay their expenses to make profit. They therefore have the right to levy a lien on your personal injury settlement to recover the amount that they have been paid. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are generally reimbursed by the party at fault and their insurance company. In the case of a car accident case, it is your responsibility to pay these medical bills. When your personal injury protection (PIP) that has an amount of $8,000 or $2200, is exhausted, you are able to use the rest of your health insurance coverage to pay your medical expenses. However, it's important that you have your health insurance contact information in the file of your medical provider to ensure that the bills are paid to them. You should also check that the medical professionals who have treated you are licensed to treat you by the Workers' Compensation Board. If they're not, you will be responsible for the bills if and when you receive an injury settlement. You should also tell your lawyer who handled your accident about all the doctors, physical therapists, and other medical providers who you have 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 may assist you in recovering from the emotional and physical trauma that you have suffered due to the negligence of others. You can get compensation for your injuries or the loss of a loved one, if you can prove that the other party's negligence caused it. This includes medical expenses or lost wages, as well as other non-economic damages such as pain and discomfort. Suffering and pain Unlike economic damages, such as medical bills and loss of income it is difficult to place a dollar amount on pain and suffering. This is why it is crucial to have a competent attorney who can explain to a jury how your injury has affected you. Evidence like witness testimony, copies of your medical records, and photos are all helpful. Informing the jury the way your injury has impacted your lifestyle and prevented your from participating in other activities can be a significant factor. Your lawyer could employ one of two common methods for calculating your pain and suffering and suffering, which is 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 number between one and five, based on the severity of your injuries. The Per Diem method assigns a specific dollar amount to each day you were injured and multiplies the sum by the number of days it will take you to fully recover. Your lawyer will consider many aspects to determine the appropriate settlement amount for your discomfort and pain. It isn't something that can be analyzed using a computer or algorithm therefore a personal injury case requires a careful evaluation of the specific circumstances that impact the individual victim's circumstance. In addition to evaluating the physical pain you are experiencing, mental anguish and emotional distress should be taken into consideration. This includes feelings like fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a serious mental condition that can cause severe mental pain. A psychologist or any other expert can testify to your injury and how it has affected you. This can be done through written reports or through face-toface testimony. The more details you can provide the greater chance it is that your attorney can get you a higher compensation award for your suffering and pain. You can sue someone who intentionally injured you, even if the majority of personal injury cases are caused by accidents. This type of negligence claim is referred to as a civil tort. Civil torts are not uncommon however, they are not common. They include medical negligence, wrongful death as well as dog bite injuries. defamation suits. Damages A sum of money awarded to someone in compensation for an injury could aid them in getting back on their feet following an accident. It may also be used to compensate for more intangible losses like pain and suffering. Typically, damages are paid by the defendant as an insurance settlement or by a jury or judge in a court case. In general there are two kinds of damages: compensatory or punitive. Compensation damages are those that reimburse the plaintiff for their actual expenses. They are offered in almost every personal injury claim. Punitive damages are used to punish the perpetrator and discourage similar conduct in the future. It is essential to include future costs and expenses when you request compensation. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is also important to take into consideration how the injury may have affected your quality of life. It is essential to take into account the consequences you face when, for instance, you are unable to play with your children or do other activities that you enjoy. The easiest method to estimate past losses is by adding up the amount you've paid and the earnings you've missed. However, to calculate future medical bills and reduced earning capacity, you'll need an official note from your doctor stating the length of time you will be unable to work and your typical hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the expected return to work by this daily rate to calculate the estimated loss of income. You could also be entitled to compensation for “loss or consortium” if your accident has caused emotional stress in your relationship with your spouse or other loved ones. Burbank injury lawyers is difficult to quantify, but you deserve fair compensation. This category of damages is usually determined by the judge's or jury's judgement rather than evidence. Your attorney can explain this in detail and help you determine the amount of damages you are entitled to.