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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live. From the cost of medical bills and lost wages to suffering and pain you might feel overwhelmed by the consequences of your injuries. Certain costs, like your medical expenses or lost wages are simple to determine. Some costs are more subjective, such as your pain and suffering. Loss of wages Loss of income due to injury can be a devastating loss of income. Many households rely on wages to cover basic expenses like mortgage or rent payments, groceries and utility bills. In New York, injured workers may be able to file a personal injury lawsuit against the at-fault driver to seek compensation for lost wages. However the success of a claim is contingent on the evidence that the injury was the cause of the loss of wages and that it was proximately related to the crash. To calculate your lost wages, you need to determine your average weekly wage (AWW), which is the amount that you earned prior to your injury. This can be done by looking at past pay receipts. An attorney can assist you to gather the required documents to prove your claim. Include both your salaries if you have more than one employer or multiple sources of income. It is also advisable to include any additional financial benefits you're receiving, such as bonuses as well as health insurance or retirement contributions. Based on the nature of your injury, you might be in a position to not return to work or only be able to return to the job at a lower level. If you're in this scenario the insurance company might be required to provide temporary benefits such as an annual fixed payment that is which is based on a percentage of your income. You may also be entitled to 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 salary. When you calculate your lost wage, you should also consider any costs related to work that you have to pay. This includes any travel or meals needed for your recovery. Workers' compensation is a benefit that provides you with the required medical care and compensation for your current missed wages, it does not provide for future earnings. If your injury prohibits you from working in the same field or earning the same wage, you can request compensation for future losses through an additional process known as “lost earning capacity.” In order to prove this claim, you will need to present evidence of the impact that your accident has had on your ability to pursue a specific career route. Medical bills Many people feel sticker shock when they learn of the price of an hospital visit, particularly an emergency room trip. The cost of outpatient care can be high. It is because medical practices are for profit and doctors must pay their costs in order to make a profit. They are therefore entitled to levy a lien on your personal injury settlement to recover the amount they have been assessed. Medical bills are deemed to be a part of the claim to compensation for injuries caused by the negligence of another. In the majority of cases, the at-fault person and their insurance company reimburse the medical bills. However, during the pendency of a car accident case it is your obligation to pay the medical bills. Once your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200 you can apply your health insurance to cover the remainder of your medical expenses. However, it is important to have your health insurance's contact information on file with your medical provider to ensure that these bills are sent to them for payment. Additionally, you must be sure that the medical professionals you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they're not you'll be accountable for paying the bills when you receive the personal settlement for your injury. It is also important to inform your accident lawyer about the physical therapists, doctors and other medical professionals you've visited. Your lawyer may be unaware of them and may not be able collect the amounts owed from your settlement. Although there is no way to fully cover the physical and emotional trauma you have experienced due to the negligence of someone else the other party, a lawsuit for injury could be helpful. You may be able to claim compensation for your injuries or the loss of someone you love, if you can prove that negligence of the other party caused it. This includes medical bills, lost wages, and non-economic damages like pain and discomfort. Suffering and pain As opposed to the economic damages, like medical bills and income loss It is hard to determine a dollar amount on the pain and suffering. This is why it is crucial to have a competent attorney who can explain to the jury how your accident has affected your life. Evidence like witness testimony and medical records, and photographs could be useful. Explaining to the jury the way your injury has impacted your lifestyle and prevented your from enjoying hobbies and other activities can 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 all the damages you've suffered financially and multiplies the amount by a value between one and five, based on the severity of your injuries. The Per Diem method assigns an amount of money to every day you've been injured, and multiplies this amount by the number of days it will take to recover fully. These are just two of the many aspects that your lawyer will take into consideration to determine a fair settlement amount for your pain and suffering. Computers and algorithms are unable to calculate pain or suffering, which is why each case must be evaluated individually. In addition to evaluating the actual physical pain mental anguish and emotional distress must be considered. This includes emotions like grief, depression and anxiety. Post-traumatic stress disorder (PTSD) is a severe mental disorder that can cause extreme mental pain. The best method to prove your loss of enjoyment of life is to have a qualified expert such as a psychologist, testify about how the injury has affected you. This can be done via written reports or through face-toface testimony. The more information you provide the better your attorney can help you obtain a greater amount of compensation for your pain and discomfort. While most personal injuries involve accidents, you may also pursue an action against someone who has intentionally hurt you. This kind of negligence claim is called a civil tort. Civil torts are not uncommon however, they are not common. They include medical negligence, wrongful death, dog bite injuries and defamation suits. Damages After an accident, a financial award can help someone get back on their feet. It could also cover other intangible losses, such as suffering and pain. Damages are typically paid through an insurance settlement or a judge or jury if the case is in court. Generally there are two types of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for their actual expenses. They are offered in almost every personal injury claim. Punitive damages are used to punish the perpetrator and discourage similar conduct in the future. It is essential to include future expenses and costs when you request compensation. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also important to think about how the injury has affected your life quality. It is essential to take into account the loss you experience in the event that, for instance you are unable to play with your children or participate in other activities you enjoy. The easiest way to estimate past losses is by simply adding up what you've spent and the earnings you've missed. To estimate future medical costs and the potential for earnings loss You'll need the doctor's note indicating how long you'll be absent from work and your hourly rate. Then, you'll be able to divide the number of days between the date of the maximum improvement in your medical condition and when you are expected to return to work by the rate you earn daily to calculate the estimated loss of earnings. You could 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. It's difficult to quantify the pain and suffering that you endure however, you should receive the full and fair compensation for the injury. Often, this category of damages will be based on a jury or judge's decision, not on actual evidence. Jersey City injury lawyers can explain it in detail and help you determine the amount of damages you're entitled to.