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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the way you live your life. From the cost of medical bills and lost wages to suffering and pain you might feel overwhelmed by the impact of your injuries. Some costs are easy to calculate, like medical expenses or the cost of missing work. Some costs are more subjective, like your suffering and pain. Loss of wages Accidents that result in a loss of income can be catastrophic. Many households rely on wages for basic living expenses, such as mortgage or rent payments, groceries and utilities. In New York, injured workers could be eligible to file a personal injury lawsuit against the driver who caused the accident to claim the cost of lost wages. A successful claim requires proof that the injury was the cause of the wage loss, and that it is directly linked to the accident. The first step to calculate your lost earnings is to find the average weekly wage (AWW) that you earned prior to your accident. This can be accomplished by looking over your old pay statements. A lawyer can help collect the necessary documents to prove your claim. If you work for more than one employer, or have multiple sources of income, it's crucial to include both wages in your AWW calculation. It is also advisable to include any additional financial benefits you're receiving such as bonuses, health insurance or retirement contributions. It is possible that you will not be in a position to return to work or may only be able to return in a lesser capacity, depending on the nature of the injury. If you're in this situation the insurance company will need to provide you with temporary benefits, like weekly fixed payments which is based on a percentage of your weekly earnings. You may also be entitled to a reimbursement of your paid time off (PTO) that you used during your recovery from your injury. The value of PTO is generally thought to be the equivalent of one day's salary. When calculating your lost wage it is important to consider the work-related expenses you have paid for. This can include the cost of transport, meals or other equipment necessary to help you recover. Workers' compensation is a benefit that provides you with the necessary medical care and compensation for the loss of your current wages, it does not guarantee future lost earnings. If your injury hinders you from working in the exact same field or earning the same wage you earn, you may claim compensation through an additional claim referred to as “lost earnings capacity.” You'll have to prove that the accident has affected your ability to pursue your chosen career direction. Medical bills Many people experience sticker shock when they learn of the price of an hospital visit, particularly an emergency room visit. The cost of outpatient care can be high. This is because medicine is a profit-making business and the doctors must cover their expenses and earn a profit. In turn they have the right to levy your personal injury settlement or award to recuperate the amount they were charged. Medical bills are included in the compensation claim for injuries caused by negligence. In the majority of instances, the person at fault and their insurance company will pay the medical expenses. However, in the event of a delay of a car crash case it is your obligation to pay these medical bills. After your personal injury coverage (PIP) which has an amount of $2200 or $8,000 is exhausted, you are able to make use of the remaining health insurance coverage to pay your medical expenses. It is important to have your health insurance details on file at the medical provider in order to be able to send these bills to them. You should also check whether the medical professionals who treated you are authorized to do so by the Workers' Compensation Board. If they're not, you'll be responsible for the cost of treatment when you receive the personal settlement for your injury. It is also crucial to ensure that you inform your attorney regarding all of the doctors' offices, physical therapists' and other medical providers you have been to. Your lawyer may not be aware of them and may not be able to collect amount due from your settlement. An injury lawsuit may help you recover from the physical and emotional trauma you've suffered because of the negligence of others. 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 ones, you may seek damages to compensate for medical bills, lost wages and other non-economic losses such as pain and suffering. Pain and suffering In contrast to economic damages, like medical bills and loss of income It is hard to place a dollar amount on pain and suffering. It is essential to find a lawyer who is able to explain to a juror how your injuries affected you. Having evidence such as photographs, witness testimony, and copies of your medical records can help. Informing the jury that your injury has impacted your lifestyle and prevented your from participating in other activities can be a significant factor. Your lawyer can use one of two methods to determine your suffering and pain, which are the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you have incurred and multiplies that number by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific amount of money to each day you were injured and multiplies the amount by the total days it will take to recover fully. Your attorney will consider many factors to determine the fair settlement amount to compensate you for your discomfort and pain. The pain and suffering of a person is not something that can be measured by a computer or an algorithm therefore an injury case involving a person requires a careful analysis of the specific circumstances that impact each victim's particular situation. In Provo injury lawyer to evaluating the physical pain you are experiencing, mental anguish and emotional distress should be considered. This includes emotions like fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. A psychologist or other expert can testify to the severity of your injury and how it has affected your life. This can be done via written reports or through face-toface testimony. The more information you can provide, the more likely it is that your lawyer will be able to secure you a greater amount of compensation for your suffering and pain. You may sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This type of negligence claim can be described as a civil tort. Although these types of claims aren't common but there are a myriad of types of civil torts that can be filed, including wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages After an accident, a monetary award can assist someone in getting back on their feet. It can also compensate more intangible losses such as pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by a jury or judge in a court case. In general there are two types of damages: compensatory or punitive. Compensatory damages pay the plaintiff for actual costs and are offered in nearly every personal injury claim. Punitive damages are used to punish the perpetrator and discourage similar conduct in the future. It is important to include future costs and expenses when you request compensation. This includes prescription drugs as well as future surgeries and unexpected expenses. It is also important to think about the impact of your injury on your quality-of-life. For instance, if can no longer play with your children or engage in other activities you normally take part in, it is essential to take into account the losses. Add up your costs and the wages you have missed to calculate a straightforward calculation of past losses. To estimate the future medical bills and lower earning power, you'll need an official note from your doctor stating the length of time you'll be unable to work and your typical hourly rate. Then you can divide the number of days between the date of maximum medical improvement and when you are scheduled to resume work by the daily rate to calculate the estimated loss of earnings. In addition, if your incident has affected your relationships with family members, you may be eligible for compensation for the loss of companionship or “loss of consortium.” This type of compensation is designed to offset the emotional distress caused by the effect an injury has on your relationship with your spouse and other loved ones. It's difficult to put a price on pain and suffering, but you deserve an adequate and fair amount of compensation for your injury. This type of damage is often based on the judge's or jury's decision instead of hard evidence. Your attorney can explain this in detail and help you determine the amount of damages you are entitled to.