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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live your life. From the cost of medical bills and lost wages to pain and suffering you might feel overwhelmed by the effects of your injuries. Certain costs, like your medical expenses or lost wages are easy to calculate. Others are more subjective, such as your suffering and pain. Loss of wages Accidents that result in a loss of income could be devastating. Many households depend on their earnings to cover the essential costs of living, such as mortgage or rent payments as well as groceries. In New York, injured workers may be eligible to file a personal injury claim 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 linked to the accident. The first step to calculate the loss of your wages is to determine the average weekly wage (AWW) that you earned before your injury. This can be done by looking over your old pay receipts. An attorney can assist you to gather the required documents to prove your claim. Include both salaries when you have more than one employer or multiple sources of income. You should also include any financial benefits that you are entitled to, like retirement benefits, health insurance, or bonuses. Depending on the severity of your injury, you might be unable to return to work or can only return to a reduced capacity. If you find yourself in this circumstance, the insurance company will need to provide you with temporary benefits, like a fixed payment each week which is based on the percentage of your average weekly wage. You could be eligible for reimbursement for your paid time off (PTO) which you utilized to recover from your injuries. The value of PTO generally is equal to one day's wages. When calculating your lost wages it is important to consider any costs related to work that you've paid for. This can include the cost of any transport, meals or other equipment needed for your recovery. Workers' compensation doesn't guarantee future earnings. If your injury stops you from working in the same field or at the same pay, you can request compensation for future losses through a separate process called “lost earning capacity.” In order to prove your claim, you must to present evidence of the impact your accident has had on your ability to pursue a specific career direction. Medical bills Many people are shocked by the cost of a hospital stay, especially if it is an emergency room visit. The cost of outpatient care can be high. This is because medical practices are for profit and doctors must cover their expenses to make profits. As a result, they are entitled to levy your personal injury settlement or award to recover the amount they have been charged. Medical bills are deemed to be a part of the claim to compensation for injuries caused by the negligence of another. In the majority of cases, the at-fault person and their insurance company pay the medical expenses. The responsibility lies with you to pay these medical charges as long as the case is in progress. Once your personal injury protection (PIP) has reached its limit of $8,000 or $2,200 You can then use your health insurance to cover the remainder of your medical expenses. It is important to have your health insurance details on the medical provider's file in order to be able to pay these bills directly to them. You should also ensure that the medical professionals who treated you are authorized to do so by the Workers' Compensation Board. If they are not, you will be held accountable for the expenses in the event that you receive a personal injury settlement. You should also inform your lawyer who handled your accident about all the physical therapists, doctors, and other medical providers you've visited. Your lawyer may not be aware of them and might not be able to collect amount due from your settlement. An injury lawsuit can aid you in recovering from the physical and emotional trauma that you have suffered due to the negligence of others. You may be able to claim compensation for your injuries, or the loss of a loved one, if you can prove that negligent party caused the injury. This includes medical bills, lost wages, and other non-economic damages such as pain and discomfort. Pain and suffering Unlike economic damages, like medical bills and loss of income it is difficult to determine a dollar amount on the pain and suffering. It is important to hire an attorney who can to explain to a juror how your injuries affected you. The presence of evidence like photographs, witness testimony, and copies of your medical records could aid. However, explaining to the jury how your injury impacted your lifestyle and hindered you from engaging in hobbies and activities can also be a major factor. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method adds up all the damages you have incurred and multiplies the amount by a value between one and five, based on the severity of your injuries. The Per Diem method assigns an amount of money to every day you've been injured, and then multiply this number by the number of days required to recover fully. Your attorney will consider a variety of factors to determine the fair settlement amount to compensate you for your pain and discomfort. Computers and algorithms cannot measure pain or suffering, which is why each case must be evaluated each case individually. In addition to assessing the actual physical pain mental anguish and emotional distress must be considered. This includes emotions such as fear, depression, grief and anxiety as well as shock. Mental pain that is severe can include PTSD or post-traumatic stress disorder. The best method to prove your loss of enjoyment is to have a qualified expert such as psychologist, testify on how the injury has affected you. This can be done via written reports and through face-to-face testimony. The more details you provide the better your attorney will be able to help you obtain a greater amount of compensation for your discomfort and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases are accidents. This type of negligence claim is referred to as a civil tort. Civil torts are not unheard of, even though these claims are not common. They include medical negligence, wrongful deaths, dog bite injuries and defamation suits. Damages After an accident, a financial award can assist someone in getting back on their feet. Baldwin Park injury lawyers may also cover intangible losses like pain and suffering. Damages are usually paid by an insurance settlement or a judge or jury when the case is in court. In general there are two kinds of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for their actual expenses. They are available in almost every personal injury claim. Punitive damages punish the wrongdoer and discourage similar conduct in the future. When seeking compensation, it is important to include not only the losses that have occurred in the past, such as medical bills and lost wages, but also estimated future losses and expenses. This includes prescription drugs as well as future surgeries, and other unexpected costs. It is also important to take into consideration how the injury may have affected your quality of life. For instance, if you are unable to play with your kids or take part in other activities you usually do, it is crucial to take into account the losses. The most straightforward way to calculate past losses is by adding up the amount you've paid and the earnings you've missed. To estimate future medical costs and reduced earning potential, you'll require an official letter from your doctor stating the length of time you'll be off work and your average hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the date of your expected return to work, using this daily rate to calculate estimated lost income. You could also be entitled to compensation for “loss or consortium” when your accident has caused emotional distress in your relationship with your spouse or other family members. It's hard to determine the value of suffering and pain however, you are entitled to the full and fair compensation for your injury. This type of damage is usually determined by the judge's or jury's decision instead of hard evidence. Your attorney can explain this in detail and help determine the amount of damages you deserve.