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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. You may be overwhelmed by the consequences of your injuries, ranging from medical bills and lost income to suffering and pain. Some costs are easy to calculate, like your medical expenses or time off work. Certain costs are subjective, like your pain and suffering. Loss of wages Accidents that result in a loss of income can be catastrophic. Many families rely on their earnings to cover the essential costs of living, such as mortgage or rent payments, as well as food expenses. In New York, injured workers might be capable of filing an injury claim against the at-fault driver to claim the cost of lost wages. However the claim's success depends on the proof that the injury triggered the loss in wages and it was directly connected to the crash. The first step in calculating the loss of your earnings is to find the average weekly wage (AWW) that you earned before your accident. You can do this by looking at past pay stubs. An attorney can help you gather the required documents to prove your claim. Include both your salaries when you have more than one employer, or multiple sources of income. You should also include any financial benefits that you receive, such as retirement and health insurance, or bonuses. You may not be in a position to return to work, or you might only be able to do so in a reduced capacity, based on the severity of the injury. If you find yourself in this circumstance, your insurance company may have to provide temporary benefits, such as weekly fixed payments that is based on a specific percentage of your income. You may be eligible for reimbursement for the paid time off (PTO) that you used while you were recovering from your injuries. The value of PTO is generally considered to be equal to the equivalent of one day's salary. When calculating your lost wage it is important to consider any costs related to work that you have incurred. This can include the cost of any transportation, meals or equipment required for your recovery. While workers' compensation provides you with the medical treatment and compensation for your current missed wages, it doesn't cover future lost earnings. If your injury prevents your from working in the same field or earning the same amount you earn, you are able to apply for compensation by filing an additional claim known as “lost earnings capacity.” You will have to prove that the accident has affected your ability to pursue your career path. Medical bills Many people are shocked by the expense of a hospital stay, especially if it is an emergency room visit. The cost of treatment for outpatients can also be very high. This is due to the fact that medicine is for-profit and doctors must cover their expenses in order to earn profits. They therefore have the right to place a lien against your personal injury settlement to collect the amount they have been charged. Medical bills are deemed to be a part of the claim for compensation for injuries caused by the negligence of another. In most cases, the person who is at fault and their insurance company reimburse these medical bills. However, in the event of a delay of a case involving a car accident it is your obligation to pay the medical bills. When your personal injury protection (PIP) has reached the limit of $2,200 or $8,000 you can apply your health insurance to pay the rest of your medical expenses. However, it is important that you have your health insurance contact information on file with the medical provider to ensure that these bills get paid for by them. Additionally, you must make sure that any of the medical providers you have been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they are not, you will be responsible for the bills should you ever receive an injury settlement. It is also crucial to inform your attorney regarding all of the doctor's offices, physical therapists and other medical professionals you've visited. Your lawyer may not be aware about them, and might not be able get the money due from your settlement. Although there is no way to fully cover the emotional and physical trauma you've endured because of the negligence of someone else the other party, a lawsuit for injury can help. 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 damages that are not economic, such as discomfort and pain. Suffering and pain As opposed to the economic damages, such as medical bills and income loss it is difficult to put a dollar value on suffering and pain. It is crucial to choose an attorney who is able to explain to jurors how your injury affected you. Evidence such as witness testimony, copies of your medical records, and photographs could be useful. However, describing to the jury how your injury has impacted your lifestyle and prevented you from enjoying sports and hobbies can be a major factor. Your lawyer can use one of two methods to calculate your suffering and pain that is the Multiplier method or the Per Diem method. The Multiplier method is a method of adding up the amount of money you have lost and then multiplies them by a number between one and five, depending on the severity of your injury. The Per Diem method assigns an amount of money to each day you're injured, and then multiplies that number by the number days it will take to fully recover. Your lawyer will consider many factors to determine the right settlement amount for your pain and discomfort. Duluth injury lawyer isn't something that can be calculated by a computer or an algorithm and a personal injury case requires a careful analysis of the specific factors that affect each victim's situation. In addition to evaluating the actual physical pain, mental anguish and emotional distress must be considered. This includes emotions such as depression, anxiety, and grief. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. The best way to prove your loss of enjoyment of life is to have a qualified expert like a psychologist, testify about how the injury has affected you. This can be done via written reports or through face-toface testimony. The more information you provide the better your lawyer can assist you to receive a better settlement for your pain and discomfort. You may sue someone who intentionally injured you, even if the majority of personal injury cases involve accidents. This type of negligence claim is known as a civil tort. Civil torts are not unheard of however, they are not common. They include medical negligence, wrongful death, dog bite injuries and defamation lawsuits. Damages Following an accident, a monetary award can assist someone in getting back on their feet. It could also cover more intangible losses such as suffering and pain. Damages are typically paid through an insurance settlement, or by a judge or jury when the case is in the court. In general there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual expenses and are available in almost every personal injury lawsuit. Punitive damages are used to punish criminals and prevent future similar actions. It is important to include future expenses and costs when requesting compensation. This includes prescription drugs, future surgeries and other unforeseen costs. It is important to also consider the impact of your injury on your quality of life. For example, if you can no longer play with your children or engage in other activities you normally do, it is crucial to take into account the losses. The most straightforward way to estimate past losses is by simply adding up the amount you've spent and the wages you've missed. To determine the cost of future medical expenses and the potential for earnings loss, you'll require the doctor's note indicating how long you will be absent from work and your hourly rate. You can then divide the number days between the date of your greatest medical improvement and the date of your expected return to work, using this daily rate to calculate estimated lost income. In addition, if your incident has affected your relationships with family members, you may be eligible to receive compensation for the loss of companionship or “loss of consortium.” This type of compensation is designed to alleviate the emotional stress that an injury has on your relationship with your spouse and other family members. It's hard to put a price on the pain and suffering that you endure however, you are entitled to the full and fair compensation for your injuries. In most cases, this category of damages will be determined on a jury or judge's judgment rather than on hard evidence. Your attorney can explain it in detail and help you determine the amount of damages you deserve.