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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. From medical bills and lost wages to suffering and pain, you may feel overwhelmed by the consequences of your injuries. Certain costs, such as your medical expenses or lost wages, are straightforward to determine. Other costs are more subjective, such as your pain and suffering. Loss of wages The loss of income resulting from injuries can be a devastating loss of income. Many households 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 might be eligible to file a personal injury claim against the driver at fault to seek compensation for lost wages. However, a successful claim depends on the evidence that the injury caused the wage loss and that it was directly connected to the crash. To determine your lost wages, you must first determine your average weekly wage (AWW) which is the amount that you earned prior to your injury. You can do this by looking at past pay statements. An attorney can help you collect the necessary documents to support your claim. If you work for more than one employer, or have multiple sources of income, it is important to include both salaries in your AWW calculation. You should also include any financial benefits you receive, such as retirement and health insurance or bonuses. You may not be capable of returning to your job or you might be able do so in a reduced capacity, depending on the nature of your injury. If you're in this circumstance, the insurance company will need to provide you with temporary benefits, like a fixed payment each week that is based on a percentage of your average weekly income. You might also be entitled to reimbursement for your paid time off (PTO) which you utilized while you were recovering from your injuries. The value of PTO is generally considered to be the equivalent of one day's salary. Another aspect that must be taken into account when the calculation of your lost wages is the cost of any work-related expenses you incurred. This can include the cost of any transportation, meals, or equipment needed for your recovery. Workers' compensation will not guarantee future earnings. If your injury prevents your from working in the same field or earning the same wage you earn, you can apply for compensation under a separate claim called “lost earnings capacity.” You will be required to prove your accident has affected your ability to pursue your chosen career path. Medical bills Many people are shocked by the expense of hospitalization especially when it's an emergency room visit. The cost of outpatient treatment can also be very high. This is because medicine is for-profit and doctors must cover their expenses in order to make profit. Therefore, they are entitled to put a lien on your personal injury settlement or award to recover the amount they have been billed. Medical bills are included in the compensation claim for injuries caused by negligence. They are usually refunded by the at-fault party and their insurance company. You are accountable for paying these medical expenses while the case is pending. 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 very important that you have your health insurance's contact details on file with your medical provider to ensure that these bills are sent to them for payment. It is also important to confirm whether the medical professionals who have treated you are licensed to do so by the Workers' Compensation Board. If they are not, you'll be liable for the costs if and when you receive a personal injury settlement. It is also essential to ensure that you inform your attorney regarding all of the doctor's offices, physical therapists and other medical providers you have seen. Your lawyer may be unaware of these and may not be able to collect amount due from your settlement. While there is no way to fully make up for the emotional and physical trauma you've endured because of the negligence of someone else or another, a lawsuit for injuries can be a great help. You may be able to claim compensation for your injuries or the death of someone you love when you can prove that the negligent party caused the injury. This includes medical expenses as well as lost wages and other non-economic damages such as discomfort and pain. Suffering and pain Unlike economic damages, like medical bills and loss of income it is difficult to put a dollar value on suffering and pain. This is why it is crucial to have a competent lawyer who can explain to jurors how your injury has affected you. Evidence like witness testimony or copies of your medical records and photos could be useful. But, describing to the jury how your injuries have impacted your lifestyle and hindered you from engaging in hobbies and activities can also 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 is a method of adding up your damages in money and then multiplies them by a number that ranges from one to five depending on your severity of injury. The Per Diem method assigns an amount of money for every day you've been injured, and then multiplies that number by the number days required to fully recover. Your attorney will consider many factors to determine the right settlement amount to compensate you for your discomfort and pain. Computers and algorithms can't determine pain or suffering, which is why every case has to be assessed each case individually. You must also take into consideration your emotional stress, mental distress and physical pain. This includes emotions such as grief, depression, fear and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a serious mental illness that can lead to extreme mental pain. The best method to prove the loss of enjoyment of life is to have a trained expert like psychologist, testify on how the injury has affected you. This can be done through written reports and through face-to-face testimony. The more information you provide, the better your lawyer can assist you to receive a better settlement for your discomfort and pain. Although the majority of personal injury cases involve accidents, you may also pursue a lawsuit against someone who deliberately harmed you. This kind of negligence claim is known as a civil tort. While these kinds of claims aren't common, there are many types of civil torts that may be filed such as wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages A financial amount paid to a person 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. Damages are usually paid by an insurance settlement or jurors or judges when the case is in the court. In general there are two kinds of damages: compensatory or punitive. Compensatory damages compensate a plaintiff for the actual cost. They are available in almost every personal injury claim. Punitive damages punish wrongdoers and prevent future similar actions. Skokie injury lawyer is important to include future costs and expenses when requesting compensation. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is also important to take into account the consequences of your injury to your quality-of-life. For instance, if are unable to play with your kids or take part in other activities you usually do, it is crucial to account for those losses. Add up your expenses and wages missed to make a quick calculation of losses in the past. To estimate future medical costs and reduced earning potential, you'll require an official letter from your doctor stating how long you will be out of work and your average hourly rate. You can then divide the number days between the date of your greatest medical improvement and the expected return to work by this daily rate, to calculate estimated lost income. In addition, if the injury has harmed your relationships with family members, you may 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 can have on your relationship with your spouse and other family members. The pain and suffering of a person is difficult to quantify, but you are entitled to fair compensation. This category of damages is usually based on a judge's or jury's judgement instead of hard evidence. Your lawyer can explain this in more depth and help you decide the amount of damages you are entitled to for your injuries.