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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter the how you live your life. From the cost of medical bills and lost wages to pain and suffering you may be overwhelmed by the consequences of your injuries. Certain costs, like your medical expenses or lost wages, are easy to calculate. Other costs are more subjective, such as your suffering and pain. Loss of wages The loss of income resulting from injuries can be a devastating loss of income. 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 could be capable of filing an injury claim against the driver at fault to seek the cost of lost wages. However the success of a claim is contingent on the evidence that the injury triggered the loss in wages and it was proximately 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 accident. This can be accomplished by looking through your previous pay stubs. A lawyer can help you find the right documents to support your claim. Include both your salaries when you have more than one employer, or multiple sources of income. Include any financial benefits that you are entitled to, like health insurance, retirement contributions, or bonuses. Based on the nature of your injury, you might be unable to return to work at all or be able to return at a reduced capacity. If you are in this scenario your insurance provider may require you to pay temporary benefits, such as weekly fixed payments that is based on a specific percentage of your income. Rapid City injury attorney may be eligible for reimbursement of your paid time off (PTO) which you used in your recovery from your injury. The value of PTO generally is equal to one day's wages. When you calculate your lost wage, you should also consider any costs related to work that you have paid for. This includes any travel or meals needed for your recovery. Workers' compensation is a benefit that provides you with the required medical treatment and compensation for the loss of your current wages, it doesn't guarantee future lost earnings. If your injury prohibits you from working in the same field or at the same pay you can seek compensation for future losses using an additional process known as “lost earning capacity.” In order to be able to prove this claim, you'll need to present evidence of the impact that your accident has had on your ability to pursue a specific career path. Medical bills Many people are shocked by the expense of a hospital stay, especially if it is an emergency room visit. The cost of treatment for outpatients can also be very expensive. This is because medical practices are for profit and doctors must cover their expenses to make a profit. They are therefore entitled to place a lien against your personal injury settlement in order to recover the amount that they have been paid. Medical expenses are part of the compensation claim for injuries resulting from negligence. In the majority of cases, the at-fault person and their insurance company reimburse these medical bills. However, during the pendency of a case involving a car accident it is your obligation to pay these medical bills. After your personal injury protection (PIP) which has the limit of $8,000 or $2200, is exhausted, you can use the rest of your health insurance coverage to cover your medical expenses. However, it is important to have your health insurance's contact details on file with the medical professional to ensure that the bills are paid to them. You should also ensure that the medical providers who treated you are authorized to treat you by the Workers' Compensation Board. If they're not, you'll be responsible for paying the bills once you receive the personal injury settlement. It is also important to make sure that you tell your accident attorney about all the doctors' offices, physical therapists, and other medical professionals you've visited. Your lawyer may not be aware about them, and may not be able to collect the amounts that are owed from your settlement. An injury lawsuit can help you recover from the emotional and physical trauma that you have suffered as a result the negligence of other people. If you can prove that the other person's negligence is the cause of your serious injuries or the death of a loved ones You can seek damages to pay for medical bills, lost wages and other non-economic losses such as suffering and pain. Pain and suffering As opposed to the economic damages, such as medical bills and loss of income it is difficult to put a dollar value on suffering and pain. This is why it's important to have a skilled lawyer who can explain to the jury how your accident has affected you. Having evidence such as photos, witness testimony, and copies of your medical records may help. However, explaining to the jury how your injury impacted your lifestyle and caused you to be unable to enjoy activities and hobbies can be a major factor. Your lawyer could employ one of two standard methods to determine your suffering and pain and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up all the damages you have incurred and then multiplies that amount by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific dollar amount for each day you suffered an injury and then multiplies the amount by the total days it will take to fully recover. These are only two of the many factors that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms can't calculate pain or suffering, so every case has to be assessed in a unique. You should also consider your mental stress, emotional suffering and physical pain. This includes emotions like grief, depression and anxiety. 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 your life. This can be done via written reports or face-to-face testimony. The more information you have the better chance it is that your lawyer can get you a larger amount of compensation for your suffering and pain. You can sue someone who has intentionally injured you, even if the majority of personal injury cases involve accidents. This type of negligence claim can be called a civil tort. Civil torts are not uncommon even though they are rare. They include medical negligence, wrongful deaths dog bite injuries, and defamation lawsuits. Damages Following an accident, a financial award can assist someone in getting back on their feet. It may also cover intangible losses, such as pain and suffering. Damages are usually paid by an insurance settlement, or by jurors or judges in the event of a case being heard in court. In general there are two kinds of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for their actual costs. They are available in almost every personal injury claim. Punitive damages are used to punish criminals and deter future similar behavior. It is important to include future expenses and costs when requesting compensation. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is also essential to consider how the injury has affected your life quality. It is essential to consider the loss you experience in the event that, for instance you are unable play with your children or do other activities that you enjoy. The most straightforward way to determine past losses is simply adding up the amount you've paid and the wages you've missed. However, to calculate future medical bills and reduced earning capacity, you'll need medical note from a doctor that outlines the amount of time you'll be unable to work and your typical hourly rate. Then you can divide the number of days between the date of the maximum improvement in your medical condition and the date you're scheduled to return to work by that daily rate to calculate the estimated loss of earnings. In addition, if your accident has damaged your relationships with your 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 impact an injury has on your relationship with your spouse and other loved ones. It's difficult to put a price on suffering and pain however, you are entitled to full and fair compensation for your injuries. Often, this category of damages will be based on a jury's or judge's decision, not on actual evidence. Your attorney can explain this in detail and help you determine the amount of damages you are entitled to.