How Personal Injury Compensation Can Help You Get Back on Your Feet
A serious injury can alter the how you live your life. You may feel overwhelmed with the consequences of your injuries, ranging from the cost of medical bills and loss of income to pain and suffering.
Certain costs are simple to calculate, like your medical expenses or time off work. Some costs are subjective, like your pain and suffering.
Loss of wages
The loss of income resulting from injuries can be devastating. Many families rely on income to pay for their basic expenses, such as mortgage or rent payments, food and utilities. In New York, injured workers may be able to file an injury claim against the driver who caused the accident to recover the cost of lost wages. However, a successful claim depends on proof that the injury was the cause of the loss in wages and it was proximately related to the crash.
To calculate your 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 done by looking over your previous pay statements. An attorney can help gather the required documents to prove your claim. Include both wages if you have more than one employer, or multiple sources of income. It is also advisable to include any other financial benefits you're receiving, such as bonuses as well as health insurance or retirement contributions.
It is possible that you will not be able to return to your job or you might only be able to do so in a reduced capacity, based on the nature of your injury. If you are in this scenario the insurance company might require you to pay temporary benefits, such as a weekly fixed payment that is based on a specific percentage of your average wage.
You may also be entitled to reimbursement of your paid time off (PTO) which you took advantage of during your recovery from your injury. The value of PTO is generally considered to be the equivalent of one day's wages.
Another aspect that must be considered when making a calculation of your lost wages is the cost of any work-related expenses you incurred. This can include the cost of transportation, meals, or equipment needed for your recovery.
While workers' compensation provides you with the required medical care and compensation for missed wages, it doesn't guarantee future lost earnings. If your injury prohibits you from working in the same field or at the same wage, you can request compensation for future losses via another process known as "lost earning capacity." To be able to prove this claim, you must provide evidence of the impact your injury has had on your capacity to pursue a specific career path.
Medical bills
Many people are shocked by the cost of a hospital stay especially when it's an emergency room visit. The cost of outpatient care can also be very high. This is due to the fact that medical practices are for profit and doctors have to cover their expenses in order to earn a profit. They are therefore entitled to put a lien on your personal injury settlement to recover the amount that they have been charged.
Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually refunded by the party at fault and their insurance company. You are accountable for paying these medical expenses while the case is pending.
After your personal injury coverage (PIP) which has the limit of $2200 or $8,000 is exhausted, you are able to take advantage of the remainder of your health insurance coverage to cover your medical expenses. It is important to have your health insurance information on your medical provider's records so that they can send these bills to them.
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 aren't you'll be accountable for paying the bills once you receive your personal settlement for your injury.
It is also important to make sure that you inform your attorney about all the doctor's offices, physical therapists, and other medical providers you have visited. Your lawyer may not be aware about them, and might not be able recover the amount due from your settlement.
Although there is no way to completely compensate for the physical and emotional trauma you've experienced as a result of the negligence of someone else the other party, a lawsuit for injury can be a great help. In the event that you can prove that another person's negligence is the cause of your serious injuries or the loss of a loved one you can seek damages to pay for lost wages, medical bills and other losses that are not economic, such as pain and suffering.
Suffering and pain
It is difficult for pain and suffering to quantify in terms of dollars. This is due to the fact that they are not economic damages like medical bills or income loss. It is important to hire an attorney who is able to explain to a juror how your injuries affected your life. Evidence such as witness testimony, copies of your medical records, and photos are all helpful. However, describing to the jury how your injuries have affected your life and prevented you from enjoying sports and hobbies 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 is a method of adding up your monetary damages and then multiplies them by a number that ranges from one to five depending on the severity of your injury. The Per Diem method assigns an amount of money to each day you're injured, and multiplies this amount by the number of days required to recover fully. Your lawyer will take into account many aspects to determine the appropriate settlement amount to compensate you for your pain and discomfort.
It isn't something that can be calculated using a computer or algorithm therefore the personal injury case requires a careful evaluation of the particular elements that impact each victim's situation. In addition to assessing the physical pain you are experiencing mental anguish and emotional distress must be considered. This includes emotions such as depression, anxiety, and grief. Mental pain that is severe can include PTSD, or post-traumatic stress disorder.
The best method to prove the loss of enjoyment of life is to have a trained expert such as a psychologist, testify about how the injury has affected you. This can be done via written reports and through face-to-face testimony. The more details that you can provide the greater chance it is that your attorney can get you a larger amount of compensation for your suffering and pain.
You may sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This type of negligence claim can be referred to as a civil tort. Civil torts are not unheard of, even though these claims are uncommon. They include medical negligence, wrongful deaths, dog bite injuries and defamation lawsuits.
Damages
A financial amount paid to a person as compensation for their injury can help them get back on their feet after an accident. It may also be used to compensate for more intangible losses such as suffering and pain. Damages are typically covered by an insurance settlement or by the judge or jury when the case is in the court.
In general there are two types of damages: compensatory or punitive. Compensatory damages reimburse the plaintiff for their actual expenses. They are offered in almost every personal injury claim. Punitive damages penalize the offender and prevent similar actions in the future.
When seeking compensation, it is important to include not only the past losses, like medical bills and lost wages, but also the estimated future expenses and losses. This includes prescription drugs, future surgeries and any other costs that are not anticipated. It is important to also consider the consequences of your injury to your quality-of-life. For instance, if can no longer play with your kids or take part in other activities you usually take part in, it is essential to take into account the losses.
Add up your costs and the wages you have missed to calculate a straightforward calculation of losses in the past. However, to estimate future medical bills and lower earning capacity, you'll need a doctor's note indicating the amount of time you'll be unable to work and your typical hourly rate. You can then divide the number days between the date of your greatest medical improvement and the date of your expected return to work by this daily rate, to calculate the estimated loss in income.
In addition, if the accident has damaged 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 that an injury can have on your relationship with your spouse and other family members.
Pain and suffering are difficult to quantify, but you should be able to claim fair compensation. explanation of damages is usually based on a judge's or jury's decision rather than hard evidence. Your attorney can explain it in detail and help you determine the amount of damages you're entitled to.