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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. You might be overwhelmed by the effects of your injuries, ranging from medical bills and lost income to suffering and pain. Certain costs, such as your medical expenses or lost wages are simple to estimate. Certain costs are subjective like your pain and suffering. Lost wages Injuries that result in a loss of income can be devastating. Many families rely on their income to pay the essential costs of living, such as rent or mortgage payments and food items. In New York, injured workers may be able to file a personal injury lawsuit against the driver who caused the accident to seek compensation for lost wages. A successful claim requires evidence that the injury was the reason of the wage loss, and that it is directly linked to the accident. To calculate the lost wages, you must first determine your average weekly wage (AWW), which is the amount that you earned prior to your accident. You can do this by looking through your pay receipts. A lawyer can help you find the right documents to support your claim. Include both salaries if you have more than one employer or multiple sources of income. It is also advisable to include any additional financial benefits you receive such as bonuses, health insurance or retirement contributions. Depending on North Charleston injury lawyer of your injury, you might be not able to return to work in any way or be able to return at the job at a lower level. If you find yourself in this circumstance the insurance company will need to provide you with temporary benefits, such as a fixed payment each week which is based on a percentage of your average weekly earnings. You may also be entitled to a reimbursement of your paid time off (PTO), which you took advantage of during your recovery from your injury. The value of PTO is generally thought to be equal to the equivalent of a day's wage. Another factor that needs to be considered when making a calculation of your lost wages is the cost of any work-related expenses you have incurred. This can include any transportation, meals, or equipment that you require to recover. While workers' compensation provides you with the necessary medical care and compensation for your current missed wages, it doesn't provide for future earnings. If your injury stops you from working in the exact same field or earning the same amount you earn, you can apply for compensation through an additional claim known as “lost earnings capacity.” You will have to prove that your accident has affected your ability to pursue your career path. Medical bills Many people are shocked by the expense of hospitalization particularly if it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is a profit-making business and the doctors must pay for their expenses and turn profits. They are therefore entitled to levy a lien on your personal injury settlement in order to recover the amount they've been charged. Medical bills are considered to be part of the claim to compensation for injuries caused by the negligent actions of another. They are usually refunded by the party responsible for the accident and their insurance company. However, in the event of a delay of a car accident case it is your obligation to pay for medical expenses. After your personal injury coverage (PIP) has reached its $8,000 or $2,200 limit, you can use your health insurance to pay the rest of your medical expenses. It is crucial to have your health insurance information in the file at the medical provider so that they can pay these bills directly to them. It is also important to confirm that the medical providers who have treated you are licensed to do so by the Workers' Compensation Board. If they are not, you'll be liable for the costs should you ever receive an injury settlement. It is also essential to ensure that you inform your attorney regarding all the doctors' offices, physical therapists, and other medical providers you have visited. Your lawyer may be unaware of them and might not be able collect the amount due from your settlement. While there is no way to completely compensate for the physical and emotional trauma you have experienced due to the negligence of someone else or another, a lawsuit for injuries can help. You may be able to claim compensation for your injuries, or the loss of a loved one when you can prove that the negligent party caused the injury. This includes medical bills, lost wages, and non-economic damages like discomfort and pain. Suffering and pain Unlike economic damages, such as medical bills and income loss it is difficult to place a dollar amount on the pain and suffering. This is why it is important to have a skilled lawyer who can explain to the jury how your accident has affected your life. Evidence such as witness testimony and medical records and photos are all helpful. Explaining to the jury that your injury has impacted your life and prevented you from enjoying hobbies and other activities could have a significant impact. Your lawyer can use one of two standard methods for calculating your suffering and pain that is the Multiplier method or the Per Diem method. The Multiplier method takes all your monetary damages and multiplies the amount by a value between one and five, based on the severity of your injuries. The Per Diem method assigns a specific dollar amount to each day that you suffered an injury and then multiplies the sum by the number of days that it will take to fully recover. These are just two of the many factors that your attorney will consider to determine a fair settlement figure for your pain and suffering. It isn't something that can be analyzed by a computer or an algorithm, so the personal injury case requires careful consideration of the particular elements that impact each victim's situation. It is also important to consider your mental anguish, emotional distress and physical pain. This includes feelings like grief, depression, fear and anxiety, as well as shock. Post-traumatic stress disorder (PTSD) is a severe mental illness that can lead to severe mental pain. A psychologist or any other expert can testify about the severity of your injury and how it has affected your life. This can be done by 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. While the majority of personal injuries involve accidents, you may also pursue an action against someone who intentionally harmed you. This type of negligence claim is known as a civil tort. Civil torts are not unheard of, even though these claims are uncommon. They include medical negligence, wrongful deaths, dog bite injuries and defamation lawsuits. Damages Following an accident, a financial award can aid someone to get back on their feet. It could also cover more 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 their actual expenses. They are available in nearly every personal injury claim. Punitive damages punish the wrongdoer and deter similar behavior 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 expenses and losses. This includes prescription medications, future surgeries, and any other costs that are not anticipated. It is also essential to take into consideration how the injury may have affected your quality of life. For instance, if you cannot play with your children or participate in other activities you usually do, it is crucial to consider the loss. Add up the expenses and lost wages to make a quick calculation of past losses. To calculate the future medical expenses and reduced earning potential you'll need the doctor's note indicating how long you will be off work and your 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, using this daily rate, to calculate the estimated loss in income. In addition, if the accident has damaged your relationships with family members, you could be eligible to receive compensation for the loss of companionship or “loss of consortium.” This kind 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. It is difficult to quantify, but you deserve fair compensation. This type of damage is often based on the judge's or jury's judgment instead of hard evidence. Your lawyer can explain this in more depth and help you decide the amount of compensation you are entitled to for your injuries.