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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the way you live. From medical bills and lost wages to pain and suffering you might feel overwhelmed by the impact of your injuries. Some costs are easy to calculate, like your medical expenses or time off work. Others are more subjective, like your pain and suffering. Lost wages Injuries that result in a loss of income could be devastating. Many families rely on their wages to cover essential expenses like rent or mortgage payments and food items. In New York, injured workers might be able to file a personal injury lawsuit against the driver who caused the accident to claim the cost of lost wages. Decatur injury lawyer will require proof that the injury was the reason of the wage loss and that it is directly related to the accident. The first step in calculating the loss of your wages is to determine the average weekly wage (AWW) that you earned before your injury. This can be accomplished by looking over your old pay receipts. An attorney can help you collect the necessary documents to support your claim. If you work for more than one employer or have several sources of income, it is crucial to include both wages in your AWW calculation. It is also important to include any financial benefits you are entitled to, like health insurance, retirement contributions, or bonuses. It is possible that you will not be in a position to return to your job or you may only be able to perform the job in a limited capacity, depending on the nature of the injury. If you're in this scenario, the insurance company has to provide you with temporary benefits, for example, weekly fixed payments that is based on the percentage of your average weekly income. You might be eligible for reimbursement for the time you worked off (PTO) which you utilized to recover from your injuries. The value of PTO is usually thought to be the equivalent of one day's salary. When you calculate your lost wage, you should also consider any work-related costs that you have incurred. This includes any travel or meals needed for your recovery. Workers' compensation is a benefit that provides you with the necessary medical care and compensation for your current missed wages, it does not guarantee future lost earnings. If your injury stops you from working in the same field or earning the same amount you earn, you can seek compensation under an additional claim known as “lost earnings capacity.” You will have to prove that your injury has impacted your ability to pursue your chosen career path. Medical bills Many people are shocked by the expense of hospitalization especially when it's an emergency room visit. The cost of outpatient care is also quite expensive. This is because medicine is a profit-making business, and doctors must cover their costs and make profit. As a result, 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 resulting from negligence. They are usually refunded by the party at fault and their insurance company. You are responsible for paying these medical charges while the case is pending. Once your personal injury protection (PIP) has reached its $8,000 or $2,200 limit You can then use your health insurance plan to pay the remainder of your medical expenses. It is crucial to have your health insurance information on file at the medical provider to allow them to send them the bills. In addition, you should make sure that any of the medical professionals you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they're not, you will be liable for the costs should you ever receive a personal injury settlement. You should also tell your lawyer who handled your accident about the physical therapists, doctors, and other medical providers who you have visited. Your lawyer may not be aware about them and they may not be able to recover the amount owed from your settlement. While there is no way to completely make up for the physical and emotional trauma you have experienced because of the negligence of another the other party, a lawsuit for injury can help. By proving that the other person's negligence is the cause of your serious injuries or the death of a loved ones, 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 loss of income it is difficult to put a dollar value on the pain and suffering. It is important to hire an attorney who is able to explain to jurors the impact of your injury on you. Evidence such as photographs, witness testimony, and copies of your medical records could aid. However, explaining to the jury how your injury has impacted your lifestyle and prevented you from enjoying activities and hobbies can be a major factor. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method takes the amount of money you have lost and then multiplies it by a number from one to five dependent on the severity of your injury. The Per Diem method assigns an amount of money for each day you're injured, and then multiply this number by the number of days required to fully recover. Your lawyer will consider many aspects to determine the appropriate settlement amount to compensate you for your pain and discomfort. Computers and algorithms cannot measure pain or suffering, which is why every case has to be assessed individually. In addition to evaluating the physical pain you are experiencing, mental anguish and emotional distress should be considered. This includes feelings like fear, depression, grief, anxiety and shock. Post-traumatic stress disorder (PTSD) is a serious mental disorder that can cause extreme mental pain. The best way to prove your loss of enjoyment of life is to have a qualified expert such as a psychologist, testify about how the injury has affected you. This can be done with written reports or face-to-face testimony. The more details you provide, the more likely it is that your attorney will be able to secure you a greater amount of compensation for your pain and suffering. You can sue someone who has intentionally injured you, even if the majority of personal injury cases involve accidents. This type of negligence claim is known as a civil tort. While these kinds of claims aren't common, there are many types of civil torts that could be filed for, including medical malpractice, wrongful death, dog bite injuries, and defamation lawsuits. Damages A monetary sum awarded to someone in compensation for an injury could aid them in getting back on their feet following an accident. It may also be used to compensate for other intangible losses, such as suffering and pain. Typically the damages are paid by the defendant as an insurance settlement or by the jury or judge in a court case. In general there are two types of damages: compensatory or punitive. Compensation damages are those that reimburse the plaintiff for the actual cost. They are available in nearly every personal injury claim. Punitive damages are used to punish criminals and deter future similar behavior. When seeking compensation, it is crucial to include not just past losses, such as medical bills and lost wages, but also estimated future expenses and losses. This includes prescription medications, future surgeries, and any other costs that are not anticipated. It is also important to take into account the impact of your injury on your quality-of-life. It is important to take into account the loss you experience when, for instance you are unable to play with your children or participate in other activities you enjoy. Add up your expenses and lost wages to calculate a straightforward calculation of your losses from the past. However, to calculate future medical bills and lower earning power, you'll need an official note from your doctor stating the amount of time you'll be not able to work and the usual hourly rate. Then, you can divide the number of days between your date of greatest medical improvement and when you are expected to return to work by the daily rate to calculate estimated lost earnings. Additionally, if the accident has damaged your relationships with your family members, you may be eligible for compensation for the loss of companionship, or “loss of consortium.” This type of compensation is designed to offset the emotional distress caused by the impact an injury has on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you deserve fair compensation. This type of damage is usually based on a judge's or jury's judgement rather than hard evidence. Your lawyer can explain it in detail and help you determine the amount of damages you are entitled to.