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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the ways you live your life. From the cost of medical bills and lost wages to suffering and pain, you may feel overwhelmed by the effects of your injuries. Certain costs, such as your medical expenses or lost wages, are straightforward to calculate. Other costs are more subjective, such as your pain and suffering. Lost wages Loss of income due to injury can be catastrophic. Many households depend on wages for basic living expenses like rent or mortgage payments, food and utilities. In New York, injured workers are able to file a personal injury claim against the driver who was at the fault to receive compensation for their lost wages. However the claim's success depends on proof that the injury was the cause of the loss in wages and it was directly related to the crash. The first step in calculating the loss of your wages is to calculate the average weekly wage (AWW) that you earned prior to your injury. You can do this by looking over your previous pay stubs. A lawyer can assist you collect the necessary documents to support your claim. If you have more than one employer or have several sources of income, it is important to include both salaries in your AWW calculation. It is also advisable to include any additional financial benefits you're receiving such as bonuses as well as health insurance or retirement contributions. Based on the nature of your injury, you might be unable to return to work at all or can only return to the job at a lower level. If you're in this scenario, the insurance company has to provide you with temporary benefits, such as a weekly fixed payment which is based on the percentage of your average weekly wage. You could also be entitled to reimbursement of your paid time off (PTO), which you used to recover from your injury. The value of PTO is usually thought to be equal to the equivalent of a day's wage. Another factor to be considered when calculating your lost wages is the cost of any work-related expenses you incurred. This could include the cost of transportation, meals or equipment required for your recovery. While workers' compensation can provide you with the necessary medical care and compensation for missed wages, it cannot cover future lost earnings. If Abilene injury attorney stops 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.” To prove this claim, you'll need provide evidence of the impact that your accident has had on your capacity to pursue a particular career path. Medical bills Many people are shocked by the cost of a hospital stay especially when it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is a profitable business, and doctors have to cover their costs and make profit. They therefore have the right to levy a lien on your personal injury settlement in order to recover the amount they have been charged. Medical bills are deemed to be part of the claim to compensation for injuries caused by the negligence of another. In the majority of instances, the person at fault and their insurance company pay the medical expenses. The responsibility lies with you to pay these medical expenses during the time that the case is pending. Once your personal injury protection (PIP) has reached its limit of $8,000 or $2,200 You can then use your health insurance to pay the rest of your medical expenses. It is crucial to have your health insurance details on file at the medical provider to allow them to send these bills to them. You should also ensure that the medical providers who have treated you are licensed to treat you by the Workers' Compensation Board. If they are not, you'll be responsible for the bills in the event that you receive an injury settlement. It is also essential to inform your attorney regarding all of the doctor's offices, physical therapists' and other medical professionals you've visited. Your lawyer may be unaware of them and might not be able collect the amounts owed from your settlement. An injury lawsuit may aid you in recovering from the emotional and physical trauma you've experienced because of the negligence of others. In the event that you can prove that another person's negligence was the cause of your serious injuries or the loss of a loved one you could seek damages to pay for medical bills, lost wages and other non-economic losses such as suffering and pain. Pain and suffering It is difficult for pain and suffering to quantify in dollar terms. This is because they aren't economic damages like medical expenses or income loss. It is crucial to choose a lawyer who is able to explain to a juror how your injury affected you. Evidence such as witness testimony and medical records, and photos can be helpful. But, describing to the jury how your injury affected your life and hindered you from engaging in sports and hobbies can be a major factor. Your lawyer could employ one of two common methods to calculate your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you've suffered financially and multiplies the amount by a number that ranges between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money to each day you were injured, and then multiply this number by the number days it will take to recover fully. Your lawyer will consider many factors to determine the right settlement amount for your pain and discomfort. The pain and suffering of a person is not something that can be measured using a computer or algorithm therefore an injury case involving a person requires careful consideration of the unique circumstances that impact the individual victim's circumstance. You should also consider your emotional stress, mental distress and physical pain. This includes feelings like fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to severe mental pain. The best method to prove your loss of enjoyment 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 in person testimony. The more details that you can provide the better chance it is that your attorney will be able to secure 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 accidents. This kind of negligence claim is called a civil tort. Although these types of claims aren't common however, there are a variety of civil torts that could be filed such as medical malpractice, wrongful death dog bite injuries and defamation lawsuits. Damages Following an accident, a monetary award can aid someone to get back on their feet. It can also compensate more intangible losses such as pain and suffering. Damages are typically paid through an insurance settlement or the judge or jury if the case is in court. Generally there are two types of damages: punitive and compensatory. Compensatory damages reimburse a plaintiff for the actual cost. They are offered in almost every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. It is important to include future expenses and costs when you request compensation. This includes prescription medications as well as future surgeries and unexpected expenses. It is also important to consider how the injury has affected your quality of life. For example, if you are unable to play with your children or engage in other activities you normally do, it is crucial to take into account the losses. Add up the costs and the wages you have missed to calculate a straightforward calculation of losses in the past. To calculate the future medical expenses and earnings potential that are less You'll need an official letter from your doctor stating how long you'll be absent from work and your hourly rate. Then, you can divide the number of days between your date of the maximum improvement in your medical condition and when you are expected to resume work by that daily rate to calculate the estimated loss of earnings. In addition, if your injury has harmed your relationships with family members, you could be eligible to receive compensation for the loss of companionship or “loss of consortium.” This kind of compensation is intended to ease the emotional pain caused by the impact an injury has on your relationship with your spouse and other family members. The pain and suffering of a person is difficult to quantify, but you are entitled to fair compensation. This type of compensation is usually based on a judge's or jury's judgment instead of hard evidence. Your lawyer can explain this in greater detail and help you determine the amount of compensation you deserve for your injury.