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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can change the way you live. From Kalamazoo injury attorney of medical bills and lost wages to suffering and pain you may be overwhelmed by the impact of your injuries. Certain costs are simple to calculate, such as your medical expenses or time off work. Some costs are more subjective, such as your pain and suffering. Lost wages Injury-related income loss can be a devastating loss of income. Many families rely on their income to pay basic living expenses such as rent or mortgage payments and food items. In New York, injured workers could be eligible to file a personal injury claim against the driver who caused the accident to recover compensation for lost wages. A successful claim will require proof that the injury was the cause of the wage loss, and that it is directly connected to the accident. To determine your lost wages, you must first determine your average weekly wage (AWW) which is the amount of money that you earned prior to your accident. You can do this by looking at past pay receipts. An attorney can assist you to gather the required documents to prove your claim. If you work for more than one employer, or have multiple sources of income, it's crucial to include both wages in your AWW calculation. It is also helpful to include any other financial benefits you are receiving like bonuses, health insurance or retirement contributions. It is possible that you will not be able to return to work, or you may only be able to perform the job in a limited capacity, based on the severity of the injury. If you're in this situation, the insurance company has to provide you with temporary benefits, for example, weekly fixed payments which is based on a percentage of your average weekly wage. You may also be entitled to reimbursement for the time you worked off (PTO) that you took during the time you were recovering from your injuries. The value of PTO generally is equal to one day's wages. Another factor that needs to be taken into account when making a calculation of your lost wages is the cost of any work-related expenses you have incurred. This can include the cost of any transportation, meals or equipment needed to help you recover. While workers' compensation can provide you with the required medical treatment and compensation for missed wages, it does not guarantee future lost earnings. If your injury prevents your from working in the same field or earning the same amount you earn, you can apply for compensation under an additional claim known as “lost earnings capacity.” You'll be required to prove the accident has affected your ability to pursue your desired career track. Medical bills Many people feel sticker shock when they learn of the price of hospital visits, especially an emergency room trip. The cost of outpatient care can also be very high. This is because medicine is for-profit and doctors must pay their expenses in order to earn profit. As a result, they are entitled to place a lien on your personal injury settlement or award in order to recover the amount they have been paid. Medical bills are considered to be part of the claim for compensation for injuries caused by the negligent acts of another. They are usually reimbursed by the party at fault and their insurance company. However, in the event of a delay of a car crash case, it is your responsibility to pay for medical expenses. After your personal injury protection (PIP), which has the limit of $8,000 or $2200 is exhausted, you can use the rest of your health insurance coverage to pay your medical expenses. It is crucial to have your health insurance information on the medical provider's file in order to be able to send these bills to them. Additionally, you must be sure that the medical professionals you've been seeing is licensed by the Workers' Compensation Board to treat injured workers. If they're not, you will be held accountable for the expenses if and when you receive an injury settlement. It is also essential to make sure that you inform your attorney about all the doctors' offices, physical therapists and other medical professionals you've visited. Your lawyer may not be aware about them and may not be able to get the money owed from your settlement. While there is no way to fully make up for the physical and emotional trauma you have experienced as a result of the negligence of another or another, a lawsuit for injuries could be helpful. By proving 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 lost wages, medical bills and non-economic losses like suffering and pain. Suffering and pain It is difficult for pain and suffering to quantify in dollars. This is because they are not economic damages like medical bills or loss of income. This is why it is important to have a skilled lawyer who can explain to jurors how your injury has affected you. Evidence such as photos, witness testimony, and copies of your medical records can aid. Informing the jury the way your injury has impacted your life and prevented you from enjoying hobbies and other activities could 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 takes the amount of money you have lost and then multiplies it by a number that ranges between one and five, dependent on the severity of your injury. The Per Diem method assigns a specific amount of money to each day that you were injured, and then multiply that number by the total days it will take you to fully recover. These are only two of the many aspects that your lawyer will take into consideration to determine a fair settlement amount for your pain and suffering. Pain and suffering is not something that can be measured by a computer or algorithm and a personal injury case requires careful consideration of the unique factors that affect each victim's particular situation. You must also take into consideration your mental anguish, emotional distress and physical pain. This includes emotions like depression, grief and anxiety. Post-traumatic stress disorder (PTSD) is a severe mental illness that can lead to severe mental pain. A psychologist or other expert can testify about your injuries and how it has affected you. This can be done via written reports or through face-toface testimony. The more information you provide, the better your attorney can help you obtain a greater amount of compensation for your pain and discomfort. While the majority of personal injuries involve accidents, you can also file an action against someone who intentionally harmed you. This type of negligence claim can be called a civil tort. Civil torts are not unheard of even though they are not common. They include medical negligence, wrongful death, dog bite injuries and defamation suits. Damages After an accident, a financial award can assist someone in getting back on their feet. It may also cover intangible losses like pain and suffering. Damages are typically covered by an insurance settlement or a judge or jury when the case is in the court. Generally, there are two categories of damages: punitive and compensatory. Compensatory damages pay the plaintiff for actual expenses and are available in almost every personal injury case. Punitive damages are used to punish the perpetrator and prevent similar actions in the future. When seeking compensation, it is important to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also estimates of future expenses and losses. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is also essential to take into consideration how the injury has impacted 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 participate in other activities you love. Add up your costs and the wages you have missed to calculate a straightforward calculation of your losses from the past. To estimate future medical costs and the potential for earnings loss, you'll require the doctor's note indicating how long you'll be out of work and your hourly rate. Then, you can divide the number of days between the date of maximum medical improvement and the date when you're expected to return to work by the daily rate to calculate the estimated loss of earnings. Additionally, if the injury has harmed your relationships with your family members, you may be eligible to receive compensation for the loss of companionship or “loss of consortium.” This kind of compensation is intended to offset the emotional distress caused by the effect an injury can have on your relationship with your spouse and other family members. It is difficult to quantify, but you deserve fair compensation. In most cases, this category of damages will be determined on a jury or judge's judgment rather than on hard evidence. Your attorney can explain this in more depth and help you decide the amount of damages you're entitled to for your injury.