How Personal Injury Compensation Can Help You Get Back on Your Feet
A serious injury can alter the way you live your life. From medical bills and lost wages to suffering and pain you may be overwhelmed by the consequences of your injuries.
Certain costs, like your medical expenses or lost wages are easy to estimate. Certain costs are subjective, like your suffering and pain.
Lost wages
Accidents that result in a loss of income can be devastating. Many families rely on their income to pay essential expenses like mortgage or rent payments as well as groceries. 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, a successful claim depends on proof that the injury caused the loss in wages and it was directly related to the accident.
The first step to calculate the loss of your wages is to determine the average weekly wage (AWW) that you earned before your accident. This can be done by looking over your previous pay stubs. An attorney can help gather documents to support your claim. If you work for more than one employer or have several sources of income, it is important to include both salaries in your AWW calculation. It is also helpful to include any additional financial benefits you're receiving like bonuses, health insurance or retirement contributions.
You may not be in a position to return to work, or you might be able do so in a reduced capacity, based on the nature of your injury. If you are in this scenario, your insurance company may require you to pay temporary benefits such as a weekly fixed payment which is based on a percentage of your wage.
You may also be entitled to a reimbursement of your paid time off (PTO) that you utilized during your recovery from your injury. The value of PTO is generally thought to be the equivalent of one day's salary.
Another factor to be considered when calculating your lost wages is the cost of any work-related expenses you incurred. This could include the cost of any transportation, meals or equipment necessary to help you recover.
While workers' compensation provides you with the medical care and compensation for missed wages, it does not provide for future earnings. If your injury stops you from working in the same field or with the same pay you can seek compensation for future losses via another process known as "lost earning capacity." In order to prove this claim, you must to prove the impact that your accident has had on your ability to pursue a specific career direction.
Medical bills
Many people are shocked by the cost of hospitalization particularly if it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is for-profit and doctors must cover their costs in order to make a profit. In turn they have the right to levy your personal injury settlement or award to recover the amount they have been billed.
Medical bills are considered to be a part of the claim for compensation for injuries caused by the negligence of another. In the majority of cases, the person who is at fault and their insurance company pay the medical bills. However, in the event of a delay of a car crash case it is your obligation to pay the medical bills.
When your personal injury protection (PIP) which has a limit of $8,000 or $2200, is exhausted, you are able to take advantage of the remainder of your health insurance coverage to pay your medical expenses. It is important to have your health insurance information in the your medical provider's records in order to be able to send these bills to them.
You should also check that the medical professionals who treated you are authorized to treat you by the Workers' Compensation Board. If they are not, you'll be held accountable for the expenses in the event that you receive an injury settlement.
It is also crucial to make sure that you inform your attorney about all of the doctor's offices, physical therapists' and other medical professionals you've been to. Your lawyer might not be aware about them and they might not be able collect the amounts that are owed from your settlement.
Although there is no way to fully cover the emotional and physical trauma you've experienced because of the negligence of another, an injury lawsuit can help. In the event that you can prove that another person's negligence was the cause of your serious injuries or the death of a loved ones you can seek damages to pay for medical bills, lost wages and non-economic losses like suffering and pain.
Pain and suffering
As opposed to the economic damages, like medical bills and income loss It is hard to put a dollar value on pain and suffering. This is why it's crucial to have a competent attorney who can show a jury how your injury has affected you. Evidence like witness testimony and medical records, and photos are all helpful. Informing the jury that your injury has affected your lifestyle and prevented your from engaging in hobbies and other activities could be a significant factor.
Your lawyer can use either the Multiplier or Per Diem method to calculate your suffering, pain and damages. The Multiplier method totals up all the damages you've suffered financially and multiplies the amount by a number that ranges 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 multiply this amount by the number of days it will take to recover fully. These are only two of the many elements that your lawyer will consider to determine a fair settlement figure for your pain and suffering.
Pain and suffering is not something that can be measured using a computer or algorithm and a personal injury case requires a careful analysis of the specific circumstances that impact each victim's particular situation. In addition to assessing your actual physical pain emotional anguish, mental stress and distress should be taken into consideration. This includes feelings like fear, depression, grief, anxiety and shock. Severe mental pain can even include PTSD or post-traumatic stress disorder.
A psychologist or other expert can testify to the severity of your injury and how it has affected your life. This can be done with written reports or through face-toface testimony. The more information you can provide, the more likely it is that your attorney will be able to secure you a greater amount of compensation for your suffering and pain.
While most personal injuries involve accidents, you can also pursue an action against someone who has intentionally hurt you. This type of negligence claim is called a civil tort. While these kinds of claims aren't common but there are a myriad of types of civil torts that may be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits.
Damages
A monetary sum awarded to someone as compensation for an injury may assist them in getting back on their feet after an accident. You Tube may also cover intangible losses like pain and suffering. Typically the damages are paid by the defendant as an insurance settlement or by the judge or jury in court cases.
In general, there are two types of damages: compensatory or punitive. Compensatory damages pay the plaintiff for actual expenses and are available in almost every personal injury lawsuit. Punitive damages punish wrongdoers and deter future similar behavior.
It is important to include future costs and expenses when you request compensation. This includes prescription drugs as well as future surgeries, and other unexpected expenses. It is important to also consider the consequences of your injury to your quality-of-life. It is crucial to take into account the consequences you face in the event that, for instance you are unable to play with your kids or do other activities that you enjoy.
The most straightforward way to estimate past losses is simply adding up the amount you've spent and the wages you've missed. However, to calculate future medical bills and lower earning capacity, you'll need a doctor's note indicating the length of time you'll be in a position to work and your typical hourly rate. Then you can divide the number of days between the date of maximum medical improvement and the date you're scheduled to return to work by that daily rate to calculate estimated lost earnings.
You may also be entitled to compensation for "loss or consortium" if your injury has caused emotional anxiety in your relationship with your spouse or other family members.
It's difficult to put a price on suffering and pain however, you are entitled to the full and fair compensation for your injuries. This type of compensation is usually based on a judge's or jury's judgement instead of hard evidence. Your lawyer can explain it in detail and help determine the amount of damages you're entitled to.