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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the way you live. You might be overwhelmed by the effects of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Some costs, such as your medical costs or lost wages are easy to calculate. Other costs are more subjective, such as your pain and suffering. Lost wages Injuries that cause loss of income could be devastating. Many households rely on wages for basic living expenses, such as mortgage or rent payments, groceries and utility bills. In New York, injured workers are able to file a personal injury claim against the driver at the fault to receive compensation for their lost wages. A successful claim requires 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 must first determine your average weekly wage (AWW) which is the amount of money that you earned prior to your injury. This can be accomplished by looking through your previous pay statements. An attorney can assist you to collect the necessary documents to support your claim. Include both wages when you have more than one employer, or have multiple sources of income. Include any financial benefits that you are entitled to, like health insurance, retirement contributions, or bonuses. Depending on the severity of the injury, you may be in a position to not return to work or be able to return at an unassailable level. If you're in this circumstance the insurance company will have to provide you with temporary benefits, such as a fixed payment each week that is based on the percentage of your average weekly income. You may be eligible for reimbursement for the paid time off (PTO) that you used during the time you were recovering from your injuries. The value of PTO generally is equal to 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 have incurred. This can include any transportation, meals, or equipment needed for your recovery. Workers' compensation is a benefit that provides you with the required medical treatment and compensation for the loss of your current wages, it cannot cover future lost earnings. If your injury hinders you from working in the exact same field or earning the same amount you earn, you may seek compensation through an additional claim known as “lost earnings capacity.” You'll be required to prove your injury has impacted your ability to pursue your chosen career path. Medical bills Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. The cost of treatment for outpatients is also quite expensive. This is because medical practices are for profit and doctors must pay their costs in order to make a profit. They are therefore entitled to place a lien against your personal injury settlement to recover the amount that they have been charged. Medical bills are considered 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 bills. In the case of a car crash case, it is your responsibility to pay for medical expenses. After your personal injury coverage (PIP) has exhausted its $8,000 or $2,200 limit you can apply your health insurance plan to cover the remainder of your medical expenses. It is important to have your health insurance information on file at the medical provider in order to be able to send these bills to them. In addition, you should make sure that any of the medical providers you have been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not, you will be liable for the costs in the event that you receive an injury settlement. It is also important to inform your lawyer for accidents about all the physical therapists, doctors, and other medical providers that you have visited. Your lawyer may not know about them and may not be able to recover the amount owed from your settlement. A lawsuit for injury can assist you in recovering from the emotional and physical trauma that you have suffered due to the negligence of other people. You may be able to claim compensation for your injuries, or the loss of a loved one when you can prove that the negligence of the other party caused it. This includes medical expenses as well as lost wages and non-economic damages like pain and discomfort. Pain and suffering It is difficult for pain and suffering to quantify in dollar terms. This is due to the fact that they are not economic damages like medical bills or loss of income. This is why it's essential to hire a skilled lawyer who can explain to a jury how your injury has affected you. Having evidence such as photographs, witness testimony, and copies of your medical records could aid. Explaining to the jury that your injury has impacted your life and prevented you from participating in other activities could be a significant factor. Your lawyer can employ either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method takes the amount of money you have lost and then multiplies them 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 were injured, and then multiplies that number by the number of days you will need to fully recover. These are just two of the many aspects that your lawyer will consider to determine the most fair amount of settlement for your pain and suffering. Computers and algorithms can't calculate the intensity of pain or suffering, therefore each case must be evaluated in a unique. You should also consider your mental stress, emotional suffering and physical pain. This includes emotions like grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause severe mental pain. 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 face-to-face testimony. The more information you can provide the better your attorney will be able to help you receive a better settlement for your pain and discomfort. You may sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This kind of negligence claim can be called a civil tort. Civil torts are not unheard of even though they are uncommon. They include wrongful death, medical negligence, dog bite injuries and defamation lawsuits. Damages Following an accident, a financial award can aid someone to get back on their feet. It may also be used to compensate for other intangible losses, such as pain and suffering. Damages are typically covered by an insurance settlement or a judge or jury when the case is in court. In general there are two types of damages: compensatory and punitive. Compensatory damages compensate a plaintiff for the actual cost. Boise City injury attorneys are available in almost every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. It is important to include future expenses and costs when you request compensation. This includes prescription medications as well as future surgeries, and other unexpected costs. It is also important to think about how the injury has affected your life quality. For example, if you can no longer play with your kids or take part in other activities you normally do, it is important to account for those losses. The most straightforward way to calculate past losses is simply adding up what you've spent and the wages you've missed. To determine the cost of future medical expenses and earnings potential that are less, you'll require the doctor's note indicating how long you'll be off work and the average hourly rate. You can then divide the number of days between the date of your maximum medical improvement and the expected return to work by this daily rate, to calculate the estimated loss of income. In addition, if the injury has harmed your relationships with your family members, you could be eligible for compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to alleviate the emotional stress that an injury has on your relationship with your spouse and other family members. The pain and suffering of a person is difficult to quantify, but you should be able to claim fair compensation. Most often, this type of damages will be based on a judge or jury's decision, not on actual evidence. Your lawyer can explain it in detail and help determine the amount of damages you're entitled to.