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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the ways you live your life. From Boca Raton injury attorneys and lost wages to suffering and pain you may be overwhelmed by the impact of your injuries. Some costs, such as your medical costs or lost wages are easy to determine. Certain costs are subjective like your suffering and pain. Loss of wages Injury-related income loss can be catastrophic. Many families rely on their income to pay the essential costs of living, such as mortgage or rent payments, as well as food expenses. In New York, injured workers can file a personal injury claim against the driver at fault to recover compensation for their lost wages. A successful claim will require evidence that the injury was the reason of the wage loss, and that it is directly related to the accident. To calculate the lost wages, you need to determine your average weekly wage (AWW), which is the amount that you earned prior to your accident. This can be accomplished by looking through your previous pay statements. A lawyer can help gather the appropriate documents to prove your claim. If you work for more than one employer or have several sources of income, it is important to include both salaries in your AWW calculation. It is also helpful to include any additional financial benefits you are receiving, such as bonuses, health insurance or retirement contributions. You may not be in a position to return to your job or you may only be able to perform the job in a limited capacity, based on the severity of the injury. If you find yourself in this situation, your insurance company may require you to pay temporary benefits such as weekly fixed payments which is based on a percentage of your average wage. You may also be entitled to reimbursement of your paid time off (PTO) that you took advantage of in your recovery from your injury. The value of PTO typically equals one day's wage. Another aspect that must be taken into account when the calculation of your lost wages is the costs of any expenses related to work you incurred. This could include the cost of transportation, meals or equipment necessary to help you recover. Workers' compensation does not provide future earnings. If your injury stops you from working in the same field or at the same pay you may be eligible for compensation for future losses using another process known as “lost earning capacity.” To prove your claim, you must to present evidence of the impact your accident has had on your capacity to pursue a specific career path. Medical bills Many people are shocked by the cost of hospitalization especially when it's an emergency room visit. The cost of outpatient care can be high. It is because the medical profession is a business and doctors must pay their expenses in order to make a profit. They therefore have the right to place a lien against your personal injury settlement to recover the amount that they have been paid. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually refunded by the at-fault party and their insurance company. However, during the pendency of a case involving a car accident it is your responsibility to pay these medical bills. After your personal injury protection (PIP) that has a limit of $8,000 or $2200, is exhausted, you are able to make use of the remaining health insurance policy to cover your medical expenses. It is important to have your health insurance information in the your medical provider's records in order to be able to pay these bills directly to them. You should also ensure whether the medical professionals who have treated you are authorized to do so by the Workers' Compensation Board. If they aren't, you'll be responsible for paying the bills when you receive your personal injury settlement. You should also tell your lawyer for accidents about the physical therapists, doctors and other medical professionals who you have visited. Your lawyer might not be aware of these and may not be able to collect amount due from your settlement. A lawsuit for injury can help you recover from the physical and emotional trauma you've suffered due to the negligence of other people. By proving that the other person's negligence caused of your serious injuries or the loss of a loved one, you may seek damages to compensate for the loss of wages, medical expenses and other non-economic losses such as suffering and pain. Pain and suffering It is difficult for pain and suffering to quantify in dollar terms. This is because they are not economic damages like medical bills or income loss. It is essential to find a lawyer 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 could help. Informing the jury the way your injury has impacted your lifestyle and prevented your from engaging in hobbies and other activities can have a significant impact. Your lawyer can employ either the Multiplier or Per Diem method to calculate your suffering, pain, and damages. The Multiplier method totals up all the damages you have incurred and multiplies that number by a number between one and five, based on the severity of your injuries. The Per Diem method assigns a specific dollar amount for each day you were injured, and then multiply the amount by the total days it will take to reach your full recovery. These are just two of the many aspects that your lawyer will consider to determine a fair settlement amount for your pain and suffering. The pain and suffering of a person is not something that can be analyzed using a computer or algorithm therefore a personal injury case requires careful consideration of the particular factors that affect the individual victim's circumstance. You should also consider your mental stress, emotional discomfort and physical pain. This includes emotions like grief, depression, fear, anxiety and shock. The most severe mental pain could include PTSD, or post-traumatic stress disorder. The best method to prove the loss of enjoyment is to have a certified expert like psychologist, testify to how the injury has affected you. This can be done via written reports or in person testimony. The more information you can provide, the more likely it is that your lawyer can get you a higher compensation award for your suffering and pain. While most personal injuries involve accidents, you may also file an action against someone who deliberately harmed you. This type of negligence claim is called a civil tort. While these kinds of claims aren't common but there are a myriad of types of civil torts that could be filed such as medical malpractice, wrongful death, 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 cover more intangible losses such as pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by the judge or jury in court cases. In general there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual expenses and are available in almost every personal injury lawsuit. Punitive damages are used to punish the perpetrator 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 as well as future surgeries and unexpected costs. It is also crucial to think about how the injury may have affected your quality of life. It is crucial to take into account the consequences you face if, for example, you are unable to play with your children or do other activities that you enjoy. The easiest method to calculate past losses is simply adding up the amount you've paid and the earnings you've missed. To calculate the future medical expenses and the potential for earnings loss You'll need a doctor's letter indicating the length of time you'll be out of work and your average hourly rate. You can then divide the number days between the date of your maximum medical improvement and the date of your expected return to work, using this daily rate to calculate the estimated loss in income. You could also be entitled to compensation for “loss or consortium” if your injury has caused emotional stress in your relationship with your spouse or other family members. Pain and suffering are difficult to quantify, but you should be able to claim fair compensation. This category of damages is usually determined by the judge's or jury's decision rather than hard evidence. Your lawyer can explain this in more detail and help you determine the level of damages you are entitled to for your injuries.