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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 pain and suffering. Some costs, such as your medical expenses or lost wages are straightforward to determine. Other costs are more subjective, such as your pain and suffering. Loss of wages Injuries that result in a loss of income could be devastating. Many families rely on wages for basic living expenses like rent or mortgage payments, groceries and utilities. In New York, injured workers can file a personal injury claim against the driver at the fault to receive the lost wages. However, a successful claim depends on proof that the injury was the cause of the wage loss and that it was directly related to the accident. The first step in calculating your lost wages is to determine the average weekly wage (AWW) that you earned before your accident. This can be accomplished by looking at your past pay statements. A lawyer can help you find the right documents to support your claim. If you have more than one employer or have several sources of income, it is essential to include both your salaries in your AWW calculation. You should also include any financial benefits you are entitled to, like retirement benefits, health insurance, or bonuses. You may not be able to return to work or might only be able to return in a lesser capacity, based on the nature of your injury. If you are in this circumstance the insurance company will need to provide you with temporary benefits, for example, a fixed payment each week which is based on the percentage of your average weekly earnings. You could be eligible for reimbursement of your paid time off (PTO) that you took advantage of to recover from your injury. The value of PTO generally equals one day's wages. Another factor that needs to be taken into account when calculating your lost wages is the costs of any expenses related to work you incurred. This could include transportation or meals that you require to recover. Workers' compensation does not guarantee future earnings. If your injury prevents you from working in the same field or earning the same salary, you can request compensation for future losses through an additional process known as “lost earning capacity.” To prove this claim, you must provide evidence of the impact that your accident has had on your ability to pursue a specific career route. 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 for-profit business, and doctors must cover their costs and make profits. Therefore they have the right to levy your personal injury settlement or award in order to recover the amount they have been paid. Medical bills are considered to be a part of the claim for compensation for injuries caused by the negligent acts of another. They are usually refunded by the at-fault party and their insurance company. The responsibility lies with you to pay these medical expenses as long as the case is in progress. After your personal injury coverage (PIP) has reached its $8,000 or $2,200 limit You can then use your health insurance to cover the remainder of your medical expenses. However, it is very important that you have your health insurance contact information on file with your medical provider to make sure that the bills are sent to them for payment. It is also important to confirm that the medical professionals who treated you are licensed to do so by the Workers' Compensation Board. If they are not, you will be responsible for the bills in the event that you receive an injury settlement. It is also crucial to inform your attorney regarding all the doctor's offices, physical therapists, and other medical providers you have been to. Your lawyer may not know about them, and might not be able to collect the amounts that are due from your settlement. A lawsuit for injury can help you recover from the physical and emotional trauma you've suffered because of the negligence of others. You could receive compensation for your injuries, or the loss of someone you love, if you can prove that other party's negligence caused it. This includes medical expenses, lost wages, and other damages that are not economic, such as discomfort and pain. Pain and suffering Pain and suffering are difficult to quantify in terms of dollars. This is because they aren't economic damages like medical expenses or income loss. This is why it's essential to hire a skilled lawyer who can explain to the jury how your accident has affected you. Having evidence such as photos, witness testimony and copies of your medical records can aid. Informing the jury that your injury has affected your lifestyle and prevented your from enjoying hobbies and other activities can be a significant factor. Your lawyer could employ one of two methods for calculating the amount of your pain and suffering, which are the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you've suffered financially and then multiplies that amount by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money to every day you've been injured, and then multiplies that amount by the number of days required to recover fully. These are only two of the many elements that your lawyer will take into consideration to determine a fair settlement figure for your pain and suffering. Computers and algorithms can't measure pain or suffering, so each case must be evaluated individually. In addition to evaluating the actual physical pain, mental anguish and emotional distress should be considered. This includes emotions such as fear, depression, grief, anxiety and shock. Peoria injury lawyers can even include PTSD, or post-traumatic stress disorder. The best way to prove your loss of enjoyment of life is to have a certified expert, such as psychologist, testify to how the injury has affected you. This can be done by written reports or through face-toface testimony. The more information you have the greater chance it is that your lawyer will be able to get you a greater amount of compensation for your suffering and pain. While most personal injuries involve accidents, you may also bring an action against someone who intentionally harmed you. This type of negligence claim is known as a civil tort. Civil torts are not uncommon however, they are not common. They include medical negligence, wrongful deaths dog bite injuries, and defamation suits. Damages After an accident, a financial award can help someone get back on their feet. It can also compensate for other intangible losses, such as suffering and pain. Damages are usually paid by an insurance settlement or by jurors or judges when the case is in court. In general there are two kinds of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual expenses and are offered in nearly every personal injury case. Punitive damages are used to punish the perpetrator and deter similar behavior in the future. It is crucial to include future expenses and costs when you request compensation. This includes prescription medication as well as future surgeries and unforeseen costs. It is important to also think about the consequences of your injury to your quality-of-life. It is essential to consider the consequences you face when, for instance you are unable play with your kids or do other activities that you love. Add up your expenses and wages missed to make a quick calculation of losses in the past. To calculate the future medical expenses and reduced earning potential you'll need a doctor's letter indicating the length of time you'll be out of work and your average hourly rate. Then, you'll be able to divide the number of days between the date of greatest medical improvement and when you are expected to return to work by the rate you earn daily to calculate estimated lost earnings. In addition, if your injury has harmed 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 offset the emotional distress caused by the effect an injury can have on your relationship with your spouse and other family members. Pain and suffering are difficult to quantify, but you should be able to claim fair compensation. This type of damage is usually determined by the judge's or jury's judgment rather than evidence. Your attorney can explain this in more depth and help you decide the level of damages you're entitled to for your injury.