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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. Vacaville injury attorney may be overwhelmed by the impact of your injuries, from medical bills and lost income to suffering and pain. Some costs are easy to calculate, like your medical expenses or missed work. Certain costs are subjective, like your pain and suffering. Lost wages Accidents that result in a loss of income could be devastating. Many families rely on wages for basic living expenses like rent or mortgage payments, groceries and utilities. In New York, injured workers can file a personal injury claim against the driver at the fault to receive the lost wages. A successful claim requires proof that the injury is the cause of the wage loss and that it is directly linked to the accident. The first step to calculate the loss of your earnings is to find the average weekly wage (AWW) that you earned prior to your injury. This can be accomplished by looking through your previous pay statements. A lawyer can assist you find the right documents to prove your claim. Include both your salaries if you have more than one employer, or multiple sources of income. 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 might be able perform the job in a limited capacity, based on the nature of your injury. If you find yourself in this circumstance, the insurance company will have to provide you with temporary benefits, for example, a weekly fixed payment which is based on the percentage of your average weekly wage. You could also be entitled to a reimbursement of your paid time off (PTO), which you took advantage of to recover from your injury. The value of PTO is generally considered to be equal to the equivalent of a day's wage. Another aspect that must be considered when the calculation of your lost wages is the costs of any expenses related to work you incurred. This can include the cost of transportation, meals or equipment necessary to help you recover. Workers' compensation doesn't cover future earnings. If your injury prohibits you from working in the same field or at the same pay you can seek compensation for future losses using an additional process known as “lost earning capacity.” In order to prove this claim, you will need provide evidence of the impact your accident has had on your capacity to pursue a specific career path. Medical bills Many people experience sticker shock when they see the costs of an hospital visit, particularly an emergency room trip. The cost of outpatient treatment can also be very expensive. This is because the medical profession is a business and doctors must cover their costs in order to earn profits. They therefore have the right to levy a lien on your personal injury settlement to recover the amount they have been charged. Medical bills are considered to be part of the claim to compensation for injuries caused by the negligent acts of another. They are generally reimbursed by the at-fault party and their insurance company. However, in the event of a delay of a case involving a car accident it is your responsibility to pay these medical bills. When your personal injury protection (PIP) that has an amount of $2200 or $8,000 is exhausted, you can use the rest of your health insurance coverage to cover your medical expenses. It is important to have your health insurance information in the the medical provider's file to allow them to pay these bills directly to them. In addition, you should be sure that the doctors you've been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not, you'll be liable for the costs in the event that you receive a personal injury settlement. It is also important to ensure that you inform your attorney about all 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. An injury lawsuit can assist you in recovering from the physical and emotional trauma you've experienced because of the negligence of others. You can get compensation for your injuries, or the death of someone you love in the event that you can prove that negligent party caused the injury. This includes medical expenses, lost wages, and other non-economic damages such as discomfort and pain. Pain and suffering Pain and suffering are difficult to quantify in dollar terms. This is because they are not 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 injuries affected you. Having evidence such as photos, witness testimony, and copies of your medical records can assist. However, explaining to the jury how your injury affected your life and prevented you from enjoying activities 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 takes your monetary damages and then multiplies it by a number between one and five, dependent on the severity of your injury. The Per Diem method assigns a specific amount of money to each day you were injured and multiplies the sum by the number of days it will take to reach your full recovery. These are only two of the many aspects that your lawyer will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms are unable to measure pain or suffering, so every case has to be assessed in a unique. You should also consider your mental anguish, emotional suffering and physical pain. This includes emotions such as grief, depression and anxiety. 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 qualified expert, such as a psychologist, testify about how the injury has affected you. This can be done with written reports or face-to-face testimony. The more information you can provide the better your attorney will be able to help you receive a better settlement for your pain and discomfort. Although the majority of personal injuries involve accidents, you can also file a lawsuit against someone who deliberately harmed you. This type of negligence claim is called a civil tort. Civil torts are not unheard of however, they are rare. They include wrongful death, medical negligence dog bite injuries, and defamation suits. Damages After an accident, a financial award can aid someone to get back on their feet. It may also cover intangible losses like pain and suffering. Damages are typically paid through an insurance settlement or by a judge or jury when the case is in the court. Generally there are two types of damages: compensatory and punitive. Compensatory damages reimburse a plaintiff for the actual cost. They are available in almost every personal injury claim. Punitive damages punish wrongdoers and discourage future similar conduct. When seeking compensation, it is important to include not only the past losses, like medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription drugs, future surgeries and any other unforeseeable costs. It is important to also consider the effects of your injury on your quality of life. It is essential to consider the loss you experience if, for example you are unable play with your children or engage in other activities you enjoy. The most straightforward way to estimate past losses is by adding up the amount you've spent and the amount you've lost. However, to calculate future medical expenses and a decrease in earning potential, you'll require medical note from a doctor that outlines the length of time you will be unable to work and your usual hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the date of your expected return to work by this daily rate, to calculate estimated lost income. You may also be entitled to compensation for “loss or consortium” in the event that your injury has caused emotional anxiety in your relationship with your spouse or other loved ones. It is difficult to quantify, but you deserve fair compensation. This category of damages is often based on the judge's or jury's judgment rather than hard evidence. Your attorney can explain this in detail and help you determine the amount of damages you deserve.