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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the how you live your life. You may be overwhelmed by the effects of your injuries, ranging from the cost of medical bills and loss of income to suffering and pain. Certain costs are simple to calculate, such as your medical expenses or missed work. Other costs are more subjective, like your suffering and pain. Tuscaloosa injury lawyer of income due to injury can be devastating. Many households depend on wages for basic living expenses, such as mortgage or rent payments, groceries and utilities. In New York, injured workers can file a personal injury claim against the driver who was at fault to recover compensation for lost wages. A successful claim will require proof that the injury is the cause of the wage loss, and that it is directly related to the accident. The first step to calculate your lost earnings is to find the average weekly wage (AWW) that you earned before your injury. This can be done by looking through your previous pay receipts. A lawyer can assist you gather the appropriate documents to prove 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. Include any financial benefits that you are entitled to, like retirement benefits, health insurance, or bonuses. Based on the nature of the injury, you may be unable to return to work or be able to return at a reduced capacity. If you are in this situation, your insurance company may be required to provide temporary benefits like an annual fixed payment that is based on a certain percentage of your average wage. You might also be entitled to reimbursement for your paid time off (PTO) that you took 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. Another aspect that must be considered when the calculation of your lost wages is the cost of any work-related expenses you incurred. This includes any travel or meals that you require to recover. While workers' compensation can provide you with the medical care and compensation for your current missed wages, it doesn't guarantee future lost earnings. If your injury prevents your from working in the same field or earning the same wage you earn, you can claim compensation under a separate claim called “lost earnings capacity.” You will need to provide evidence that your injury has impacted your ability to pursue your chosen career track. Medical bills Many people are shocked by the expense of hospitalization especially when it's an emergency room visit. The cost of treatment for outpatients can be quite high. This is because medicine is a for-profit business, and doctors must cover their expenses and earn profit. They are therefore entitled to place a lien against your personal injury settlement to collect the amount they have been paid. Medical bills are considered to be part of the claim to compensation for injuries caused by the negligent acts of another. In most instances, the person at fault and their insurance company reimburse the medical expenses. The responsibility lies with you to pay these medical expenses during the time that the case is pending. After your personal injury coverage (PIP) has exhausted the limit of $2,200 or $8,000 you can apply your health insurance plan to pay the remainder of your medical expenses. However, it is very important to have your health insurance's contact information on file with the medical provider to make sure that the bills are paid for by them. 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 when you receive your personal settlement for your injury. It is also crucial to inform your attorney regarding all of the doctor's offices, physical therapists' and other medical professionals you've been to. Your lawyer may be unaware of these and may not be able collect the amounts owed from your settlement. Although there is no way to completely compensate for the physical and emotional trauma you've endured due to the negligence of someone else or another, a lawsuit for injuries could be helpful. If you can prove that the other person's negligence was the cause of your serious injuries or the loss of a loved one you could seek damages to pay for the loss of wages, medical expenses and other non-economic losses such as suffering and pain. Suffering and pain The effects of suffering and pain are difficult to quantify in dollar terms. This is due to the fact that they are not economic damages like medical expenses or loss of income. It is important to hire an attorney who can to explain to a juror the impact of your injury on your life. Evidence such as witness testimony, copies of your medical records, and photographs are all helpful. Explaining to the jury the way your injury has impacted your life and prevented you from engaging in hobbies and other activities could be a significant factor. Your lawyer can use one of two methods to determine the amount of your pain and suffering and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up your monetary damages and then multiplies them by a number from one to five depending on the severity of your injury. The Per Diem method assigns a specific amount of money to each day you were injured, and then multiply the sum by the number of days that it will take to fully recover. Your attorney will consider a variety of factors to determine the fair settlement amount to compensate you for your pain and discomfort. Computers and algorithms are unable to measure pain or suffering, which is why each case must be evaluated each case individually. In addition to assessing your actual physical pain, mental anguish and emotional distress should be considered. 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 of life is to have a certified expert, such as a psychologist, testify about how the injury has affected you. This can be done with written reports and through face-to-face testimony. The more details you provide the more your lawyer can assist you to receive a better settlement for your discomfort and pain. While most personal injury cases involve accidents, you can also bring a lawsuit against someone who has intentionally hurt you. This kind of negligence claim is called a civil tort. While these kinds of claims are rare, there are many types of civil torts that could be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages Following an accident, a monetary award can help someone get back on their feet. It can also compensate more intangible losses like pain and suffering. Damages are usually paid by an insurance settlement or by jurors or judges when the case is in court. Generally there are two kinds of damages: punitive and compensatory. Compensation damages compensate the plaintiff for actual costs and are available in almost every personal injury lawsuit. Punitive damages are used to punish criminals and prevent future similar actions. It is essential to include future costs and expenses when requesting compensation. This includes prescription medication, future surgeries and other unexpected expenses. It is also important to take into consideration how the injury may have affected your quality of life. For instance, if you are unable to play with your kids or take part in other activities you usually do, it is important to account for those losses. Add up your expenses and lost wages to make a quick calculation of losses in the past. However, to calculate future medical bills and reduced earning power, you'll need a doctor's note indicating the length of time you will be not able to work and the typical hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the expected return to work, using this daily rate to calculate the estimated loss of income. You may also be entitled to compensation for “loss or consortium” when your accident has caused emotional stress in your relationship with your spouse or other loved ones. It's difficult to quantify the pain and suffering that you endure, but you deserve the full and fair compensation for the injury. This type of compensation is often based on the judge's or jury's judgement rather than hard evidence. Your lawyer can explain this in more detail and assist you in determining the level of damages you're entitled to for your injury.