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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 your life. You might be overwhelmed by the effects of your injuries, 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. Some costs are more subjective, such as 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 expenses. In New York, injured workers can file a personal injury claim against the driver who was at the fault to receive the lost wages. A successful claim requires evidence that the injury is the cause of the wage loss, and that it is directly linked to the accident. The first step in calculating your lost wages is to calculate the average weekly wage (AWW) that you earned prior to your accident. This can be done by looking at your past pay receipts. An attorney can help you gather documents to support your claim. Include both wages in the event that you have more than one employer, or multiple sources of income. It is also beneficial to include any other financial benefits you're receiving like bonuses, health insurance or retirement contributions. It is possible that you will not be able to return to work or might only be able to perform the job in a limited capacity, based on the nature of your injury. If you're in this situation the insurance company will have to provide you with temporary benefits, for example, a weekly fixed payment which is based on a percentage of your average weekly earnings. You could also be entitled to reimbursement for your paid time off (PTO) that you took to recover from your injuries. The value of PTO is generally considered to be the equivalent of one day's salary. When you calculate your lost wage it is important to consider any costs related to work that you have incurred. This includes any travel or meals that you require to recover. Workers' compensation does not provide future earnings. If your injury hinders you from working in the same field or earning the same amount you earn, you can apply for compensation through an additional claim referred to as “lost earnings capacity.” You'll need to provide evidence that your accident has affected your ability to pursue your chosen career path. Medical bills Many people are shocked by the cost of a hospital stay particularly if it's an emergency room visit. The cost of treatment for outpatients is also quite high. This is because medicine is a for-profit business, and doctors have to pay for their expenses and turn profits. Therefore they have the right to levy your personal injury settlement or award in order to recover the amount they have been billed. Medical bills are deemed to be a part of the claim to compensation for injuries caused by the negligent actions of another. In the majority of instances, the person at fault and their insurance company will pay these medical bills. However, in the event of a delay 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 apply your health insurance to pay the remainder of your medical expenses. However, it's important that you have your health insurance's contact information in the file of your medical professional to ensure that these bills are paid to them. In addition, you should ensure that any of the doctors you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not, you'll be responsible for the bills should you ever 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 collect the amounts that are due from your settlement. While there is no way to fully make up for the physical and emotional trauma you've endured due to the negligence of someone else or another, a lawsuit for injuries can be a great help. You can get compensation for your injuries or the death of someone you love in the event that you can prove that other party's negligence caused it. This includes medical expenses or lost wages, as well as other non-economic damages such as discomfort and pain. Suffering and pain It is difficult for pain and suffering to quantify in terms of dollars. This is due to the fact that they are not economic damages like medical bills or loss of income. It is crucial to choose an attorney who is able to explain to jurors how your injury affected your life. Having evidence such as photos, witness testimony and copies of your medical records may assist. However, explaining to the jury how your injury impacted your lifestyle and caused you to be unable to enjoy activities and hobbies can have a significant impact. Your lawyer can use either 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 multiplies it by a number ranging from one to five depending on the severity of your injury. The Per Diem method assigns an amount of money for each day you're injured, and multiplies this number by the number days you will need to recover fully. These are just two of the many elements that your lawyer will take into consideration to determine the most fair amount of settlement for your pain and suffering. Pain and suffering is not something that can be measured using a computer or algorithm therefore a personal injury case requires a careful evaluation of the specific elements that impact each victim's situation. In addition to evaluating the physical pain you are experiencing emotional anguish, mental stress and distress should be taken into consideration. This includes feelings like fear, depression, grief, anxiety and shock. Mental pain that is severe can include PTSD or post-traumatic stress disorder. The best method to prove the loss of enjoyment is to have a trained expert like psychologist, testify to how the injury has affected you. This can be done via written reports and through face-to-face testimony. The more details you have the greater chance it is that your lawyer can get you a higher compensation award for your suffering and pain. While the majority of personal injuries involve accidents, you may also file a lawsuit against someone who intentionally harmed you. This type of negligence claim is referred to as a civil tort. While Gresham injury lawyers of claims are rare, there are many types of civil torts that may be filed, including wrongful death, medical malpractice dog bite injuries and defamation lawsuits. Damages A sum of money awarded to someone as compensation for their injury can assist them in getting back on their feet after an accident. It may also cover intangible losses such as pain and suffering. Damages are typically covered by an insurance settlement or by a judge or jury if the case is in the court. Generally there are two types of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for the actual cost. They are available in almost every personal injury case. Punitive damages are used to punish the perpetrator and deter similar behavior in the future. It is important to include future costs and expenses when you request compensation. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is also essential to take into consideration how the injury may have affected your life quality. It is essential to take into account the consequences you face if, for example you are unable to play with your children or participate in other activities you enjoy. The most straightforward way to determine past losses is by adding up the amount you've paid and the amount you've lost. However, to estimate future medical bills and reduced earning power, you'll need an official note from your doctor stating the amount of time you will be in a position 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 of income. In addition, if your incident has affected your relationships with family members, you could be eligible for compensation for the loss of companionship or “loss of consortium.” This kind of compensation is designed to ease the emotional pain caused by the effect an injury can have on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you deserve fair compensation. Often, this category of damages will be determined on a judge or jury's judgment rather than on hard evidence. Your attorney can explain it in detail and assist you in determining the amount of damages you're entitled to.