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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 be overwhelmed by the impact of your injuries, ranging from medical bills and lost income to pain and suffering. Certain costs are simple to calculate, like medical expenses or the cost of missing work. Certain costs are subjective like your suffering and pain. Lost wages Loss of income due to injury can be catastrophic. Many families rely on income to pay for their basic expenses like mortgage or rent payments, groceries and utility bills. In New York, injured workers could be eligible to file a personal injury lawsuit against the driver who caused the accident to seek the cost of lost wages. However the success of a claim is contingent on proof that the injury was the cause of the loss of wages and that it was directly related 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 accident. This can be done by looking over your old pay statements. A lawyer can help find the right documents to prove your claim. Include both your salaries in the event that you have more than one employer, or have multiple sources of income. It is also beneficial to include any additional financial benefits you're receiving like bonuses as well as health insurance or retirement contributions. You may not be in a position to return to work, or you might be able perform the job in a limited capacity, based on the severity of the injury. If you're in this circumstance, the insurance company will need to provide you with temporary benefits, like a weekly fixed payment which is based on a percentage of your average weekly income. You may also be entitled to reimbursement for the time you worked off (PTO) that you used during the time you were recovering from your injuries. The value of PTO generally equals one day's wages. Another factor that needs to be considered when making a calculation of your lost wages is the cost of any work-related expenses you incurred. This can include the cost of transportation, meals, or equipment needed for your recovery. While workers' compensation provides you with the necessary medical care and compensation for your current missed wages, it does not provide for future earnings. If your injury hinders you from working in the exact same field or earning the same wage you earn, you are able to apply for compensation by filing an additional claim known as “lost earnings capacity.” You'll need to provide evidence that your accident has affected your ability to pursue your desired career direction. Medical bills Many people are shocked by the expense of hospitalization particularly if it's an emergency room visit. Outpatient treatment can be expensive. This is because medicine is a profit-making business, and doctors must pay for their expenses and turn profits. They therefore have the right to place a lien against your personal injury settlement to collect the amount that they have been charged. Medical bills are included in the compensation claim for injuries resulting from negligence. They are generally reimbursed by the at-fault party and their insurance company. However, during the pendency of a car crash case it is your responsibility to pay for medical expenses. Once your personal injury protection (PIP) has exhausted the limit of $2,200 or $8,000 You can then use your health insurance plan to cover the remainder of your medical expenses. It is crucial to have your health insurance information in the your medical provider's records to allow them to send these bills to them. You should also check whether the medical professionals who treated you are authorized to treat you by the Workers' Compensation Board. If they are not, you will be responsible for the bills should you ever receive a personal injury settlement. It is also important to make sure that you inform your attorney regarding all the doctors' offices, physical therapists and other medical professionals you've seen. Your lawyer might not be aware of them and might not be able to collect the amounts owed from your settlement. A lawsuit for injury can aid you in recovering from the emotional and physical trauma that you have suffered because of the negligence of others. You could receive compensation for your injuries, or the loss of a loved one when you can prove that other party's negligence caused it. This includes medical expenses as well as lost wages and other non-economic damages such as discomfort and pain. Suffering and Farmington Hills injury attorneys You Tube In contrast to economic damages, such as medical bills and loss of income it is difficult to place a dollar amount on the pain and suffering. This is why it's crucial to have a competent attorney who can explain to a jury how your injury has affected you. Evidence such as witness testimony, copies of your medical records, and photos can be helpful. Explaining to the jury the way your injury has impacted your life and prevented you from enjoying hobbies and 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 totals up all the damages you have incurred and multiplies the amount by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific amount of money to each day that you were injured, and then multiply the amount by the total days that it will take to recover fully. These are only two of the many aspects that your lawyer will consider to determine a fair settlement amount for your pain and suffering. It isn't something that can be analyzed by 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 emotional stress, mental distress and physical pain. This includes emotions such as depression, anxiety, and grief. Mental pain that is severe can include PTSD or post-traumatic stress disorder. A psychologist or any other expert can testify about the severity of your injury and how it has affected you. This can be done by written reports or in person testimony. The more information you can provide the better chance it is that your attorney will be able to get you a greater amount of compensation for your suffering and pain. You may sue someone who intentionally injured you, even if 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 these claims are rare. They include medical negligence, wrongful death, dog bite injuries and defamation suits. Damages A financial amount paid to someone in compensation for their injury can assist them in getting back on their feet after an accident. It could also be used to compensate for intangible losses like pain and suffering. Typically the damage is paid by the defendant through an insurance settlement or by the judge or jury in a court case. Generally there are two kinds of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual costs and are offered in nearly every personal injury claim. Punitive damages penalize the offender and prevent similar actions in the future. When seeking compensation, it is important to include not just the past losses, like medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription medication as well as future surgeries and unexpected costs. It is also important to think about the effects of your injury on your quality of life. It is crucial to take into account the consequences you face in the event that, for instance you are unable to play with your kids or do other activities that you enjoy. Add up the costs and the wages you have missed to get a simple calculation of losses in the past. However, to estimate future medical bills and reduced earning power, you'll need a doctor's note indicating the amount of time you'll be unable to work and your typical hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the date of your expected return to work by this daily rate to calculate the estimated loss in income. You may also be entitled to compensation for “loss or consortium” when your injury has caused emotional stress in your relationship with your spouse or other loved ones. It's difficult to put a price on pain and suffering, but you deserve full and fair compensation for your injury. This type of compensation is usually based on a judge's or jury's judgement instead of hard evidence. Your attorney can explain it in detail and help determine the amount of damages you deserve.