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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. You may feel overwhelmed with the effects of your injuries, ranging from the cost of medical bills and loss of income to pain and suffering. Some costs, such as your medical expenses or lost wages are straightforward to calculate. Certain costs are subjective like your pain and suffering. Lost wages Accidents that result in a loss of income could be devastating. Many households depend on wages to cover basic expenses like mortgage or rent payments, groceries and utility bills. In New York, injured workers can file a personal injuries claim against the driver who was at the fault in order to obtain the lost wages. However the success of a claim is contingent on the evidence that the injury was the cause of the wage loss and that it was directly connected to the accident. The first step in calculating the loss of your earnings is to find the average weekly wage (AWW) that you earned before your injury. This can be done by looking through your pay statements. A lawyer can help you find the right documents to prove your claim. Include both wages if you have more than one employer, or multiple sources of income. Include any financial benefits you are entitled to, like retirement and health insurance or bonuses. You may not be in a position to return to work, or you might be able return in a lesser capacity, depending on the nature of the injury. If you are in this situation, the insurance company has to provide you with temporary benefits, for example, a fixed payment each week that is based upon a percentage of your weekly wage. You could also be entitled to reimbursement for the paid time off (PTO) that you used during the time you were recovering from your injuries. The value of PTO generally is equal to one day's wages. When calculating your lost wages, you should also consider the work-related expenses you have paid for. This could include the cost of transport, meals or other equipment required for your recovery. Workers' compensation doesn't provide future earnings. If your injury hinders you from working in the exact same field or earning the same salary you earn, you may seek compensation under an additional claim referred to as “lost earnings capacity.” You will be required to prove the accident has affected your ability to pursue your desired career path. Medical bills Many people are shocked by the cost of a hospital stay, especially if it is an emergency room visit. The cost of treatment for outpatients is also quite high. This is because the medical profession is a business and doctors have to cover their expenses in order to earn a profit. Therefore, they are entitled to levy your personal injury settlement or award in order to recover the amount they've been billed. Medical expenses are part of the compensation claim for injuries caused by negligence. In most instances, the person at fault and their insurance company will pay the medical expenses. However, during the pendency of a car accident case it is your obligation to pay the medical bills. After your personal injury protection (PIP), which has the limit of $8,000 or $2200 is exhausted, you can take advantage of the remainder of your health insurance policy to cover your medical expenses. However, it's important that you have your health insurance contact information in the file of your medical provider to make sure that these bills are paid to them. Tulsa injury attorney should also check that the medical professionals who treated you are licensed to do so by the Workers' Compensation Board. If they're not, you'll be held accountable for the expenses if and when you receive an injury settlement. It is also crucial to ensure that you tell your accident attorney about all of the doctor's offices, physical therapists, and other medical professionals you've seen. Your lawyer may be unaware of these and may not be able collect the amounts owed from your settlement. A lawsuit for injury can help you recover from the emotional and physical trauma you've experienced because of the negligence of others. You could receive compensation for your injuries or the loss of a loved one when you can prove that other party's negligence caused it. This includes medical expenses as well as lost wages and other damages that are not economic, such as pain and discomfort. Suffering and pain The effects of suffering and pain are difficult to quantify in terms of dollars. This is because they aren't economic damages like medical bills or income loss. It is important to hire a lawyer who is able to explain to a juror how your injury affected you. The presence of evidence like photos, witness testimony, and copies of your medical records can aid. However, explaining to the jury how your injury has affected your life and hindered you from engaging in hobbies and activities can also be a major factor. Your lawyer could employ one of two standard methods for calculating the amount of your pain and suffering and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up all your monetary damages and multiplies that number by a number between one and five, based on the severity of your injuries. 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 you will need to fully recover. These are just two of the many aspects that your lawyer will consider to determine the most fair amount of settlement for your pain and suffering. It isn't something that can be calculated by a computer or an algorithm, so a personal injury case requires a careful analysis of the particular elements that impact each victim's particular situation. You must also take into consideration your mental stress, emotional discomfort and physical pain. This includes emotions like grief, depression, fear and anxiety as well as shock. The most severe mental pain could include PTSD, or post-traumatic stress disorder. A psychologist or another expert can testify about your injuries and how it has affected you. This can be done with written reports or face-to-face testimony. The more details that you have the greater chance it is that your attorney will be able to secure you a greater amount of compensation for your suffering and pain. Although the majority of personal injury cases involve accidents, you may also bring a lawsuit against someone who deliberately harmed you. This type of negligence claim is known as a civil tort. Civil torts are not uncommon even though they are rare. They include wrongful death, medical negligence dog bite injuries, and defamation lawsuits. Damages Following an accident, a monetary award can help someone get back on their feet. It could also be used to compensate for intangible losses, such as pain and suffering. Typically the damages are paid by the defendant through an insurance settlement or by the judge or jury in a court case. Generally there are two types of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for the actual cost. They are available in almost every personal injury case. Punitive damages penalize the offender and discourage similar conduct in the future. When seeking compensation, it is important to include not only past losses, such as medical bills and lost wages, but also estimated future losses and expenses. This includes prescription drugs, future surgeries and any other unexpected costs. It is also important to take into consideration how the injury may have affected your quality of life. For instance, if can no longer play with your kids or take part in other activities you normally do, it is important to consider the loss. The easiest way to determine past losses is by simply adding up the amount you've spent and the earnings you've missed. To estimate the future medical bills and reduced earning power, you'll need a doctor's note indicating the length 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 maximum medical improvement and when you are expected to resume work by the rate you earn daily to calculate the estimated loss of earnings. You may also be entitled to compensation for “loss or consortium” if your accident has caused emotional stress in your relationship with your spouse or other loved ones. It is difficult to quantify, but you deserve fair compensation. In most cases, this category of damages will be based on a judge or jury's judgment rather than on hard evidence. Your attorney can explain this in greater detail and assist you in determining the level of damages you are entitled to for your injuries.