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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. From medical bills and lost wages to pain and suffering you may be overwhelmed by the effects of your injuries. Certain costs, like your medical costs or lost wages are easy to calculate. Other costs are more subjective, like your pain and suffering. Lost wages Loss of income due to injury can be catastrophic. Many households rely on their income to pay basic living expenses such as rent or mortgage payments and food expenses. In New York, injured workers can file a personal injuries claim against the driver at fault to recover the lost wages. However, a successful claim depends on the evidence that the injury triggered the loss in wages and it was directly connected to the accident. The first step to calculate the loss of your earnings is to find 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 assist you collect the necessary documents to prove your claim. Include both your salaries when you have more than one employer, or have multiple sources of income. It is also beneficial to include any additional financial benefits you receive like bonuses, health insurance or retirement contributions. Depending on the severity of your injury, you could be unable to return to work or be able to return at a reduced capacity. If New Britain injury lawyers find yourself in this situation, the insurance company will have to provide you with temporary benefits, such as a fixed payment each week which is based on the percentage of your average weekly income. You may be eligible for reimbursement of your paid time off (PTO), which you used during your recovery from your injury. The value of PTO is usually thought to be the equivalent of one day's salary. When calculating your lost wages it is important to consider the work-related expenses you've paid for. This can include the cost of any transport, meals or other equipment needed to help you recover. While workers' compensation provides you with the medical treatment and compensation for missed wages, it cannot guarantee future lost earnings. If your injury prevents your from working in the exact same field or earning the same wage you earn, you are able to claim compensation through an additional claim known as “lost earnings capacity.” You'll need to provide evidence that the accident has affected your ability to pursue your 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 quite expensive. This is because medicine is a profitable business and the doctors must cover their expenses and earn profits. In turn, they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they were paid. Medical bills are included in the compensation claim for injuries caused by negligence. They are usually refunded by the at-fault party and their insurance company. The responsibility lies with you to pay these medical bills during the time that the case is pending. After your personal injury coverage (PIP) that has a limit of $8,000 or $2200 is exhausted, you can take advantage of the remainder of your health insurance policy to cover your medical expenses. It is crucial to have your health insurance details on your medical provider's records in order to be able to send them the bills. In addition, you should make sure that any of the doctors you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they aren't, you'll be responsible for the cost of treatment when you receive the personal settlement for your injury. You should also inform your accident lawyer about all the physical therapists, doctors and other medical professionals who you have visited. Your lawyer may not know about them, and might not be able to collect the amounts that are due from your settlement. An injury lawsuit may help you recover from the emotional and physical trauma you've suffered as a result 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 death of a loved one, you could seek damages to pay for medical bills, lost wages and other losses that are not economic, such as suffering and pain. Pain and suffering Unlike economic damages, like medical bills and income loss, it is difficult to place a dollar amount on pain and suffering. It is important to hire an attorney who can to explain to jurors how your injuries affected you. The presence of evidence like photographs, witness testimony, and copies of your medical records could help. However, describing to the jury how your injury has impacted your lifestyle and caused you to be unable to enjoy hobbies and activities can also have a significant impact. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method takes your monetary damages, and multiplies it by a number that ranges between one and five, dependent on the severity of your injury. 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 you to recover fully. Your lawyer will take into account many factors to determine the right settlement amount to compensate you for your discomfort and pain. Computers and algorithms are unable to determine pain or suffering, so each case must be evaluated each case individually. It is also important to consider your mental stress, emotional discomfort and physical pain. This includes feelings like grief, depression and anxiety. Mental pain that is severe can include PTSD or post-traumatic stress disorder. The best method to prove the 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 through written reports or through face-toface testimony. The more details you provide, the better your attorney will be able to help you obtain a greater amount of compensation for your pain and discomfort. Although the majority of personal injuries involve accidents, you may also pursue an action against someone who has intentionally hurt you. This kind of negligence claim can be called a civil tort. While these kinds of claims aren't common, there are many types of civil torts that may be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can assist someone in getting back on their feet. It can also compensate for more intangible losses like pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by the jury or judge in court cases. In general, there are two types of damages: compensatory and punitive. Compensation damages are those that reimburse the plaintiff for the actual cost. They are available in almost every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. When seeking compensation, it is crucial to include not just past losses, such as medical bills and lost wages, but also estimates of future expenses and losses. This includes prescription medications as well as future surgeries, and other unforeseen costs. It is also crucial to take into consideration how the injury has impacted your life quality. It is crucial to consider the loss you experience when, for instance you are unable to play with your kids or do other activities that you love. The easiest way to calculate past losses is simply adding up the amount you've spent 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'll be out of work and your hourly rate. Then, you can divide the number of days between the date of maximum medical improvement and the date you're scheduled to resume work by the rate you earn daily to calculate the estimated loss of earnings. In addition, if your injury has harmed 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 ease the emotional pain caused by the impact an injury has on your relationship with your spouse and other loved ones. It's difficult to quantify suffering and pain however, you are entitled to an adequate and fair amount of compensation for your injury. This category of damages is usually based on a judge's or jury's decision instead of hard evidence. Your lawyer can explain it in detail and assist you in determining the amount of damages you deserve.