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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. From the cost of medical bills and lost wages to suffering and pain you may be overwhelmed by the consequences of your injuries. Some costs, such as your medical expenses or lost wages are easy to calculate. Some costs are subjective, like your suffering and pain. Lost wages The loss of income resulting from injuries can be a devastating loss of income. Many families rely on wages for basic living expenses like rent or mortgage payments, food and utilities. In New York, injured workers could be capable of filing a personal injury claim against the driver at fault to claim the cost of lost wages. However, a successful claim depends on the proof that the injury was the cause of the loss of wages and that it was directly related 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. This can be accomplished by looking at your past pay statements. An attorney can assist you to gather the required documents to prove your claim. If you have more than one employer or have several sources of income, it is essential to include both your salaries in your AWW calculation. It is also beneficial to include any additional financial benefits you are receiving, such as bonuses, health insurance or retirement contributions. It is possible that you will not be capable of returning to your job or you might be able do so in a reduced capacity, based on the nature of your injury. If you find yourself in this scenario, the insurance company will have to provide you with temporary benefits, like a fixed payment each week that is based on the percentage of your average weekly wage. You may also be entitled to reimbursement for your paid time off (PTO) that you used during the time you were recovering from your injuries. The value of PTO is generally considered to be the equivalent of a day's wage. When calculating your lost wage it is important to consider any costs related to work that you've paid for. This can include any transportation, meals, or equipment required for your recovery. Workers' compensation does not guarantee future earnings. If your injury stops you from working in the exact same field or earning the same salary you earn, you may apply for compensation under an additional claim referred to as “lost earnings capacity.” You will need to provide evidence that your injury has impacted your ability to pursue your desired career direction. Medical bills Many people are shocked by the expense of a hospital stay especially when it's an emergency room visit. The cost of outpatient care can be high. It is because medicine is for-profit and doctors must pay their expenses to make profit. They are therefore entitled to place a lien against your personal injury settlement to collect the amount that they have been paid. San Antonio injury lawyers are part of the compensation claim for injuries resulting from negligence. In the majority of cases, the person who is at fault and their insurance company pay the medical expenses. In the case of a car crash case, it is your responsibility to pay for medical expenses. When your personal injury protection (PIP) has reached its limit of $8,000 or $2,200, 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 in order to be able to send them the bills. In addition, you should be sure that the medical professionals you've been seeing are licensed by the Workers' Compensation Board to treat injured workers. If they aren't, you'll be responsible for paying the bills once you receive the personal injury settlement. It is also crucial to tell your accident attorney about all of the doctor's offices, physical therapists, and other medical providers you have seen. Your lawyer may not be aware of these and may not be able to collect the amounts owed from your settlement. While there is no way to completely compensate for the emotional and physical trauma you've experienced as a result of the negligence of someone else or another, a lawsuit for injuries can help. You could receive compensation for your injuries or the death of someone you love, if you can prove that the negligence of the other party caused it. This includes medical bills as well as lost wages and other damages that are not economic, such as discomfort and pain. Suffering and pain In contrast to economic damages, such as medical bills and income loss it is difficult to determine a dollar amount on suffering and pain. It is important to hire a lawyer who is able to explain to jurors the impact of your injury on your life. Having evidence such as photographs, witness testimony, and copies of your medical records could assist. But, describing to the jury how your injuries have affected your life and prevented you from enjoying hobbies and activities can also make a significant impact. Your lawyer can use one of two standard methods for calculating the amount of your pain and suffering that is the Multiplier method or the Per Diem method. The Multiplier method totals up all your monetary damages and multiplies that number by a number between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific amount of money to each day you suffered an injury and then multiplies that number by the total days that it will take to reach your full recovery. Your attorney will consider a variety of factors to determine the right settlement amount for your discomfort and pain. Pain and suffering is not something that can be calculated by a computer or algorithm and a personal injury case requires a careful analysis of the particular elements that impact each victim's particular situation. In addition to assessing your actual physical pain, mental anguish and emotional distress should be taken into consideration. This includes feelings like depression, grief and anxiety. Mental pain that is severe can include PTSD or post-traumatic stress disorder. A psychologist or another expert can testify about your injury and how it has affected you. This can be done through written reports or in person testimony. The more information you provide, the better your lawyer can assist you to receive a better settlement for your discomfort and pain. While most personal injury cases involve accidents, you may also file a lawsuit against someone who has intentionally hurt you. This type of negligence claim is referred to as a civil tort. While these kinds of claims aren't common, there are many types of civil torts that could be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages A financial amount paid to someone as compensation for their injury can aid them in getting back on their feet after an accident. It could also be used to compensate for intangible losses such as pain and suffering. Typically, damages are paid by the defendant as an insurance settlement or by the jury or judge in court cases. Generally there are two types of damages: punitive and compensatory. Compensation damages are those that reimburse a plaintiff for the actual cost. They are available in nearly every personal injury case. Punitive damages punish the wrongdoer and deter similar behavior in the future. It is important to include future expenses and costs when requesting compensation. This includes prescription medications, future surgeries, and any other unforeseeable costs. It is also important to consider the effects of your injury on your quality-of-life. For instance, if can no longer play with your kids or take part in other activities you usually take part in, it is essential to take into account the losses. The easiest method to estimate past losses is by adding up the amount you've paid and the earnings you've missed. However, to estimate future medical bills and lower earning power, you'll need medical note from a doctor that outlines the amount of time you'll be unable to work and your usual hourly rate. You can then divide the number of days between the date of your greatest medical improvement and the expected return to work, by this daily rate, to calculate the estimated loss in 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 type of compensation is intended to offset the emotional distress caused by the effect an injury has on your relationship with your spouse and other loved ones. The pain and suffering of a person is difficult to quantify, but you are entitled to fair compensation. This type of damage is usually based on a judge's or jury's decision rather than hard evidence. Your attorney can explain it in detail and help determine the amount of damages you deserve.