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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. You may feel overwhelmed with the effects of your injuries, from medical bills and income loss to suffering and pain. Certain costs are simple to calculate, like your medical expenses or missed work. Others are more subjective, like your pain and suffering. Loss of wages The loss of income resulting from injuries can be a devastating loss of income. Many families rely on their wages to cover basic living expenses such as mortgage or rent payments as well as food expenses. In New York, injured workers may be capable of filing a personal injury claim against the driver at fault to seek compensation for lost wages. However, a successful claim depends on proof that the injury caused the wage loss and that it was directly connected to the crash. To determine your lost wages, you need to determine your average weekly wage (AWW), which is the amount of money that you earned prior to your injury. This can be done by looking at past pay stubs. An attorney can help gather documents to support your claim. Include both salaries when you have more than one employer or multiple sources of income. It is also beneficial to include any additional financial benefits you're receiving like bonuses, health insurance or retirement contributions. You may not be able to return to your job or you may only be able to do so in a reduced capacity, based on the nature of the injury. If you find yourself in this situation your insurance provider may have to provide temporary benefits such as an annual fixed payment that is based on a certain percentage of your income. You may also be entitled to a reimbursement of your paid time off (PTO), which you took advantage of during your recovery from your injury. The value of PTO generally equals one day's wage. Another aspect that must be taken into account when the calculation of your lost wages is the cost of any work-related expenses you incurred. This can include any transportation or meals that you require to recover. Workers' compensation is a benefit that provides you with the medical care and compensation for your current missed wages, it does not cover future lost earnings. If your injury stops you from working in the exact same field or earning the same wage you earn, you may claim compensation under an additional claim referred to as “lost earnings capacity.” You will have to prove that your injury has impacted your ability to pursue your desired career track. 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. It is because the medical profession is a business and doctors must pay their expenses in order to earn a profit. As a result they have the right to levy your personal injury settlement or award to recover the amount they've been billed. Medical bills are considered to be a part of the claim to compensation for injuries caused by the negligent actions of another. In most cases, the at-fault person and their insurance company will pay these medical bills. However, in the event of a delay of a car crash case it is your responsibility to pay for medical expenses. After your personal injury protection (PIP), which has an amount of $2200 or $8,000 is exhausted, you are able to use the rest of your health insurance coverage to cover your medical expenses. It is important to have your health insurance information on the medical provider's file to allow them to send these bills to them. Additionally, Huntington Beach injury lawsuits must make sure that any of the medical providers you have been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they're not, you'll be responsible for paying the bills once you receive the personal settlement for your injury. It is also important to make sure that you inform your attorney about all of the doctors' offices, physical therapists and other medical professionals you've been to. Your lawyer might not be aware of them and might not be able to collect the amount due from your settlement. Although there is no way to fully make up for the emotional and physical trauma you've endured because of the negligence of someone else or another, a lawsuit for injuries could be helpful. You can get compensation for your injuries or the death of someone you love, if you can prove that the negligence of the other party caused it. This includes medical expenses, lost wages, and other non-economic damages such as discomfort and pain. Pain and suffering Pain and suffering are difficult to quantify in dollar terms. This is because they aren't economic damages like medical expenses or loss of income. This is why it is crucial to have a competent lawyer who can explain to jurors how your injury has affected your life. Evidence such as witness testimony, copies of your medical records, and photographs could be useful. But, describing to the jury how your injury has affected your life and prevented you from enjoying sports and hobbies can have a significant impact. Your lawyer could employ one of two common methods to calculate the amount of 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 that number by a number that ranges 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 suffered an injury and then multiplies that number by the total days it will take you to reach your full recovery. These are only two of the many aspects that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms cannot determine pain or suffering, which is why each case should be evaluated in a unique. You must also take into consideration your mental anguish, emotional distress and physical pain. This includes emotions such as depression, anxiety, and grief. Severe mental pain can even include PTSD, or post-traumatic stress disorder. A psychologist or another expert can testify about the severity of your injury and how it has affected your life. This can be done by written reports or in person testimony. The more information you can provide, the more likely it is that your lawyer will be able to get you a higher compensation award for your suffering and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are accidents. This kind of negligence claim is called a civil tort. While these kinds of claims are not common however, there are a variety of civil torts that can be filed such as medical malpractice, wrongful death and dog bite injuries and defamation lawsuits. Damages A sum of money awarded to someone as compensation for an injury may assist them in getting back on their feet after an accident. It can also compensate for more intangible losses such as pain and suffering. Damages are typically paid through an insurance settlement or jurors or judges when the case is in the court. In general, there are two categories of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual costs and are available in nearly every personal injury lawsuit. Punitive damages are used to punish criminals and deter future similar behavior. It is important to include future expenses and costs when you request compensation. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is also essential to consider how the injury may have affected your quality of life. For instance, if can no longer play with your kids or take part in other activities that you normally do, it is important to take into account the losses. The easiest method to estimate past losses is by adding up the amount you've paid and the earnings you've missed. To determine the cost of future medical expenses and reduced earning potential you'll need the doctor's note indicating how long you will 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 the date when you're expected to resume work by the rate you earn daily to calculate the estimated loss of earnings. You may also be entitled to compensation for “loss or consortium” in the event that your injury has caused emotional distress in your relationship with your spouse or other loved ones. It is difficult to quantify, but you are entitled to fair compensation. Most often, this type of damages will be based on a jury or judge's judgment, rather than on concrete evidence. Your lawyer can explain this in greater detail and help you determine the amount of damages you're entitled to for your injury.