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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. You may feel overwhelmed with the effects of your injuries, ranging from medical bills and lost income to suffering and pain. Certain costs, like your medical expenses or lost wages are straightforward to determine. Other costs are more subjective, like your pain and suffering. Loss of wages Injury-related income loss can be devastating. Many households depend on wages for basic living expenses, including mortgage or rent payments, groceries and utilities. In New York, injured workers are able to file a personal injury claim against the driver at the fault to receive compensation for lost wages. A successful claim will require evidence that the injury was the cause of the wage loss and that it is directly linked to the accident. To calculate your lost wages, you need to determine your average weekly wage (AWW) which is the amount of money that you earned prior to your accident. This can be done by looking over your previous pay stubs. A lawyer can help collect the necessary documents to prove your claim. Include both wages if you have more than one employer or multiple sources of income. It is also beneficial to include any additional financial benefits you receive like bonuses and health insurance, as well as retirement contributions. Based on the nature of your injury, you might be in a position to not return to work in any way or be able to return at an unassailable level. If you are in this scenario the insurance company might 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 reimbursement for your paid time off (PTO) that you used to recover from your injuries. The value of PTO generally equals one day's wage. Another factor that needs to be considered when calculating your lost wages is the cost of any work-related expenses you have incurred. This can include any transportation, meals, or equipment required for your recovery. While workers' compensation can provide you with the necessary medical treatment and compensation for missed wages, it doesn't provide for future earnings. If your injury prevents your from working in the same field or earning the same wage you earn, you can apply for compensation under a separate claim called “lost earnings capacity.” You'll be required to prove the accident has affected your ability to pursue your desired career track. Baltimore injury attorneys are shocked when they look at the cost of a hospital visit, especially an emergency room visit. The cost of treatment for outpatients is also quite expensive. This is because medicine is a profitable business and the doctors must cover their expenses and earn profit. As a result they have the right to place a lien on your personal injury settlement or award to recover the amount they've been paid. Medical bills are considered to be part of the claim for compensation for injuries caused by the negligent actions of another. In the majority of cases, the person who is at fault and their insurance company will pay the medical expenses. However, during the pendency of a case involving a car accident it is your obligation to pay the medical bills. After your personal injury coverage (PIP), which has the limit of $8,000 or $2200, is exhausted, you can use the rest of your health insurance policy to cover your medical expenses. However, it is important that you have your health insurance's contact information in the file of your medical professional to ensure that these bills are sent to them for payment. It is also important to confirm that the medical professionals who treated you are authorized to treat you by the Workers' Compensation Board. If they're not then you'll be responsible for paying the bills when you receive your personal settlement for your injury. It is also crucial to ensure that you inform your attorney regarding all the doctor's offices, physical therapists and other medical providers you have visited. Your lawyer may not know about them, and might not be able get the money due from your settlement. While there is no way to fully make up for the physical and emotional trauma you have experienced as a result of the negligence of someone else the other party, a lawsuit for injury could be helpful. If you can prove that the other person's negligence is the cause of your serious injuries or the loss of a loved one you could seek damages to pay for the loss of wages, medical expenses and other losses that are not economic, such as suffering and pain. Suffering and pain The effects of suffering and pain are difficult to quantify in dollar terms. This is because they aren't economic damages like medical bills or loss of income. This is why it's crucial to have a competent attorney who can show a jury how your injury has affected you. Evidence like witness testimony or copies of your medical records, and photos could be useful. However, describing to the jury how your injury has 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 is a method of adding up your damages in money, and multiplies it by a number that ranges between one and five, depending on your severity of injury. The Per Diem method assigns an amount of money to each day you're 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 discomfort and pain. Pain and suffering is not something that can be analyzed using a computer or algorithm, so an injury case involving a person requires a careful analysis of the specific circumstances that impact the individual victim's circumstance. You must also take into consideration your mental anguish, emotional discomfort and physical pain. This includes emotions like depression, grief and anxiety. Severe mental pain can even include PTSD or post-traumatic stress disorder. A psychologist or any other expert can testify about your injury and how it has affected you. This can be done via written reports and through face-to-face testimony. The more information you provide, the more likely it is that your attorney will be able to secure you a larger amount of compensation for your suffering and pain. While the majority of personal injury cases involve accidents, you may also bring an action against someone who intentionally harmed you. This type of negligence claim is referred to as a civil tort. While these kinds of claims aren't common however, there are a variety of civil torts that could be filed such as wrongful death, medical malpractice 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 could also cover more intangible losses such as suffering and pain. Damages are usually paid by an insurance settlement, or by the judge or jury in the event of a case being heard in the court. In general, there are two categories of damages: punitive and compensatory. Compensation damages are those that reimburse the plaintiff for the actual cost. They are available in almost every personal injury case. Punitive damages penalize the offender and deter similar behavior in the future. When seeking compensation, it is crucial to include not just the past losses, like medical bills and lost wages, but also the estimated future expenses and losses. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also important to think about the impact of your injury on your quality of life. For example, if you cannot play with your kids or take part in other activities you normally do, it is important to take into account the losses. The easiest method to determine past losses is simply 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 require an official letter from your doctor stating the length of time you'll be off work and your hourly rate. Then you can divide the number of days between your date of greatest medical improvement and when you are scheduled to resume work by that daily rate to calculate the estimated loss of earnings. You could also be entitled to compensation for “loss or consortium” if your accident has caused emotional distress in your relationship with your spouse or other family members. Pain and suffering are difficult to quantify, but you deserve fair compensation. This category of damages is usually determined by the judge's or jury's judgement rather than evidence. Your attorney can explain this in greater detail and help you determine the level of damages you deserve for your injury.