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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 your life. You might be overwhelmed by the impact of your injuries, from the cost of medical bills and loss of income to suffering and pain. Certain costs, like your medical expenses or lost wages, are easy to determine. Certain costs are subjective, like your pain and suffering. Lost wages Loss of income due to injury can be catastrophic. Many families rely on wages for basic living expenses, including mortgage or rent payments, groceries and utilities. In New York, injured workers may be able to file a personal injury lawsuit against the driver who caused the accident to claim the cost of lost wages. A successful claim will require evidence that the injury is the cause of the wage loss and that it is directly connected to the accident. The first step in calculating your lost earnings is to find the average weekly wage (AWW) that you earned before your accident. This can be done by looking at past pay receipts. A lawyer can help you collect the necessary documents to support your claim. Include both salaries if you have more than one employer, or have multiple sources of income. It is also important to include any financial benefits you receive, such as retirement and health insurance or bonuses. You may not be capable of returning to work or might only be able to return in a lesser capacity, based on the nature of the injury. If you find yourself in this circumstance your insurance provider may require you to pay temporary benefits, such as a weekly fixed payment which is based on a percentage of your wage. You could be eligible for reimbursement of your paid time off (PTO) that you utilized during your recovery from your injury. 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 have incurred. This could include the cost of transport, meals or other equipment required for your recovery. Workers' compensation doesn't guarantee future earnings. If your injury stops you from working in the exact same field or earning the same amount you earn, you may apply for compensation under an additional claim referred to as “lost earnings capacity.” You'll have to prove that the accident has affected your ability to pursue your desired career track. Medical bills Many people are shocked by the expense of a hospital stay especially when it's an emergency room visit. The cost of outpatient care can also be very expensive. This is because medicine is a for-profit business and the doctors must 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 billed. Medical bills are included in the compensation claim for injuries caused by negligence. In most cases, the person who is at fault and their insurance company pay these medical bills. You are accountable for paying these medical bills as long as the case is in progress. When your personal injury protection (PIP), which has a limit of $2200 or $8,000 is exhausted, you can make use of the remaining health insurance coverage to cover your medical expenses. Torrance injury attorneys is essential to keep your health insurance information on the medical provider's file so that they can send them the bills. You should also ensure whether the medical professionals who have treated you are licensed to do so by the Workers' Compensation Board. If they're not then you'll be responsible for the cost of treatment when you receive the personal settlement for your injury. You should also inform your lawyer who handled your accident about all the doctors, physical therapists and other medical professionals who you have visited. Your lawyer may not know about them, and might not be able recover the amount owed from your settlement. An injury lawsuit can aid you in recovering from the physical and emotional trauma that you have suffered as a result the negligence of other people. In the event that you can prove that another person's negligence is the cause of your serious injuries or the death of a loved one you can seek damages to pay for lost wages, medical bills and other non-economic losses such as suffering and pain. Suffering and pain Pain and suffering are difficult to quantify in terms of dollars. This is because they aren't economic damages like medical expenses or income loss. This is why it's crucial to have a competent attorney who can explain to a jury how your injury has affected you. Evidence such as witness testimony or copies of your medical records and photos can be helpful. Informing the jury that your injury has impacted your life and prevented you from engaging in hobbies and other activities could have a significant impact. Your lawyer may use the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method adds up your damages in money, and multiplies it by a number from one to five, dependent on the severity of your injury. The Per Diem method assigns a specific dollar amount to each day you were injured, and then multiply the amount by the total days that it will take to recover fully. Your lawyer will consider many factors to determine the right settlement amount to compensate you for your discomfort and pain. Computers and algorithms can't calculate pain or suffering, so every case has to be assessed each case individually. In addition to evaluating the actual physical pain, mental anguish and emotional distress should be taken into consideration. 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. The best way to prove your 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 through written reports or through face-toface testimony. The more details you have the better chance it is that your lawyer can get you a larger amount of compensation for your pain and suffering. You can sue someone who has intentionally injured you, even though the majority of personal injury cases are accidents. This type of negligence claim can be called a civil tort. Civil torts are not unheard of however, they are uncommon. They include wrongful death, medical negligence, dog bite injuries and defamation suits. Damages After an accident, a monetary award can aid someone to get back on their feet. It could also be used to compensate for intangible losses like pain and suffering. Typically the damage is paid by the defendant in an insurance settlement or by a jury or judge in a court case. In general, there are two categories of damages: compensatory and punitive. Compensatory damages reimburse a plaintiff for the actual cost. They are offered in almost every personal injury claim. Punitive damages are used to punish criminals and deter future similar behavior. When seeking compensation, it is important to include not only past losses, such as medical bills and lost wages, but also estimates of future expenses and losses. This includes prescription medication, future surgeries and other unexpected costs. It is also essential to take into consideration how the injury has impacted your life quality. For instance, if you cannot play with your children or engage in other activities you usually do, it is important to take into account the losses. Add up your expenses and wages missed to make a quick calculation of past losses. However, to estimate future medical bills and reduced earning capacity, you'll need an official note from your doctor stating the length of time you will be not able to work and the typical hourly rate. Then you can divide the number of days between your date of greatest medical improvement and the date you're scheduled to resume work by the daily rate to calculate the estimated loss of earnings. Additionally, if the injury has harmed your relationships with your family members, you could be eligible to receive compensation for the loss of companionship or “loss of consortium.” This type of compensation is designed to offset the emotional distress caused by the impact an injury can have on your relationship with your spouse and other loved ones. It is difficult to quantify, but you are entitled to fair compensation. Most often, this type of damages will be determined on a jury or judge's decision, not on actual evidence. Your attorney can explain this in detail and assist you in determining the amount of damages you are entitled to.