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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change your life. From the cost of medical bills and lost wages to pain and suffering, you may feel overwhelmed by the impact of your injuries. Some costs are easy to calculate, such as medical expenses or the cost of missing work. Certain costs are subjective, like your pain and suffering. Loss of wages Injuries that result in a loss of income can be catastrophic. Many households rely on income to pay for their basic expenses like rent or mortgage payments, food and utilities. In New York, injured workers can file a personal injuries claim against the driver at fault to recover the lost wages. A successful claim will require proof that the injury was the reason of the wage loss, and that it is directly connected to the accident. The first step to calculate your lost wages is to determine the average weekly wage (AWW) that you earned before your injury. This can be done by looking at your past pay receipts. A lawyer can help you find the right documents to prove your claim. Include both your salaries when you have more than one employer, or multiple sources of income. It is also beneficial to include any other financial benefits you are receiving such as bonuses, health insurance or retirement contributions. Based on the nature of your injury, you could be unable to return to work at all or only be able to return to an unassailable level. If you find yourself in this circumstance the insurance company has to provide you with temporary benefits, like a fixed payment each week that is based on a percentage of your weekly wage. You may also be entitled to a reimbursement of your paid time off (PTO) that you utilized in your recovery from your injury. The value of PTO typically equals one day's wage. When you calculate your lost wage it is important to consider any work-related costs that you have to pay. This can include the cost of transport, meals or other equipment needed to help you recover. While workers' compensation provides you with the required medical treatment and compensation for missed wages, it doesn't guarantee future lost earnings. If your injury prevents your from working in the exact same field or earning the same amount you earn, you can apply for 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 direction. Medical bills Many people are shocked by the expense of a hospital stay especially when it's an emergency room visit. Outpatient treatments can be costly. It is because the medical profession is a business and doctors must cover their costs in order to make profits. In turn, they are entitled to put a lien on your personal injury settlement or award in order to recover the amount they've been billed. Medical bills are included in the compensation claim for injuries caused by negligence. In most instances, the person at fault and their insurance company will pay the medical bills. However, in the event of a delay of a car crash case it is your obligation to pay these medical bills. Once your personal injury protection (PIP) has exhausted its $8,000 or $2,200 limit you can apply your health insurance to pay the remainder of your medical expenses. However, it is very important that you have your health insurance's contact information on file with your medical provider to make sure that the bills are sent to them for payment. Additionally, you must be sure that the doctors you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they're not, you'll be held accountable for the expenses in the event that you receive an injury settlement. You should also inform your lawyer who handled your accident about all the physical therapists, doctors and other medical professionals that you have visited. Your lawyer may not know about them and they might not be able to collect the amounts that are due from your settlement. Although there is no way to fully compensate for the emotional and physical trauma you've endured due to the negligence of someone else, an injury lawsuit can help. You could receive compensation for your injuries or the loss of a loved one in the event that you can prove that the other party's negligence caused it. This includes medical expenses or lost wages, as well as other non-economic damages such as pain and discomfort. Costa Mesa injury attorney and suffering Pain and suffering are difficult to quantify in dollars. This is because they are not economic damages like medical bills or loss of income. This is why it's crucial to have a competent attorney who can show the jury how your accident has affected your life. Evidence such as witness testimony, copies of your medical records, and photographs are all helpful. Informing the jury that your injury has affected your lifestyle and prevented your from participating in other activities could have a significant impact. Your lawyer may use the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method adds up the amount of money you have lost and then multiplies it by a number that ranges from one to five, depending on your severity of injury. The Per Diem method assigns an amount of money for each day you were injured, and then multiply this number by the number of days required to recover fully. Your lawyer will take into account many aspects to determine the appropriate settlement amount to compensate you for your discomfort and pain. Computers and algorithms can't calculate pain or suffering, which is why each case should be evaluated individually. You must also take into consideration your mental anguish, emotional suffering and physical pain. This includes feelings like depression, anxiety, and grief. Mental pain that is severe can include PTSD or post-traumatic stress disorder. 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 via written reports or through face-toface testimony. The more details you have the better chance it is that your lawyer will be able to secure you a larger amount of compensation for your suffering and pain. You may sue someone who intentionally injured you, even though the majority of personal injury cases are caused by accidents. This type of negligence claim is known as a civil tort. While these kinds of claims are not common but there are a myriad of types of civil torts that can be filed such as medical malpractice, wrongful death dog bite injuries and defamation lawsuits. Damages After an accident, a financial award can help someone get back on their feet. It could also be used to compensate for intangible losses like pain and suffering. Damages are typically covered by an insurance settlement or a judge or jury when the case is in the court. Generally, there are two categories of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for their actual expenses. They are available in nearly every personal injury case. Punitive damages penalize the offender and prevent similar actions in the future. When seeking compensation, it is essential to include not only past losses, such as medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription medications, future surgeries and other unforeseen costs. It is crucial to take into account the effects of your injury on your quality of life. It is crucial to consider the losses you suffer when, for instance, you are unable to play with your children or engage in other activities you love. The easiest method to calculate past losses is by adding up the amount you've paid and the amount you've lost. To estimate future medical costs and reduced earning potential You'll need an official letter from your doctor stating how long you will be out of work and the average hourly rate. You can then divide the number 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. You may also be entitled to compensation for “loss or consortium” when your accident has caused emotional anxiety in your relationship with your spouse or other family members. The pain and suffering of a person is difficult to quantify, but you should be able to claim fair compensation. This type of compensation is usually determined by the judge's or jury's judgement rather than hard evidence. Your attorney can explain it in detail and assist you in determining the amount of damages you are entitled to.