How Personal Injury Compensation Can Help You Get Back on Your Feet
A serious injury could alter the way you live. From the cost of medical bills and lost wages to suffering and pain, you may feel overwhelmed by the effects of your injuries.
Certain costs are simple to calculate, such as your medical expenses or missed work. Other costs are more subjective, such as your suffering and pain.
Lost wages
Accidents that result in a loss of income can be catastrophic. Many families rely on income to pay for their basic expenses, such as rent or mortgage payments, food and utilities. In New York, injured workers can file a personal injuries claim against the driver who was at fault to recover compensation for lost wages. A successful claim will require evidence that the injury was the reason of the wage loss, and that it is directly related to the accident.
To determine your lost wages, you need to determine your average weekly wage (AWW) which is the amount that you earned prior to your injury. You can do this by looking at past pay statements. A lawyer can assist you find the right documents to support your claim. Include both wages in the event that you have more than one employer or multiple sources of income. It is also beneficial to include any additional financial benefits you are receiving, such as bonuses and health insurance, as well as retirement contributions.
You may not be able to return to work or might only be able to return in a lesser capacity, based on the nature of your injury. If you are in this circumstance the insurance company has to provide you with temporary benefits, like weekly fixed payments that is based upon the percentage of your average weekly wage.
You could also be entitled to a reimbursement of your paid time off (PTO), which you utilized during your recovery from your injury. The value of PTO is generally thought to be equal to the equivalent of one day's salary.
Another aspect that must be taken into account when the calculation of your lost wages is the cost of any work-related expenses you have incurred. This can include the cost of transportation, meals, or equipment necessary for your recovery.
Workers' compensation will not cover future earnings. If your injury hinders you from working in the same field or earning the same wage you earn, you may claim compensation under an additional claim referred to as "lost earnings capacity." You'll be required to prove your injury has impacted your ability to pursue your desired career path.
Medical bills
Many people experience sticker shock when they learn of the price of hospital visits, especially an emergency room trip. Outpatient treatments can be costly. This is because medicine is a profit-making business and the doctors must cover their expenses and earn profits. They therefore have the right to place a lien against your personal injury settlement in order to recover the amount they've been paid.
Medical bills are considered to be part of the claim to compensation for injuries caused by the negligence of another. In the majority of cases, the person who is at fault and their insurance company will pay these medical bills. You are accountable for paying these medical expenses during the time that the case is pending.
After your personal injury protection (PIP) which has a limit of $8,000 or $2200, is exhausted, you are able to use the rest of your health insurance policy to cover your medical expenses. It is crucial to have your health insurance information on the medical provider's file to allow them to send them the bills.
You should also check that the medical providers who have treated you are authorized to do so by the Workers' Compensation Board. If they are not, you will be held accountable for the expenses should you ever receive an injury settlement.
You should also tell your accident lawyer about the physical therapists, doctors, and other medical providers who you have visited. Your lawyer may not be aware of these and may not be able collect the amount due from your settlement.
While there is no way to completely make up for the physical and emotional trauma you've endured due to the negligence of someone else the other party, a lawsuit for injury could be helpful. 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 could seek damages to pay for lost wages, medical bills and non-economic losses like pain and suffering.
Pain and suffering
The effects of suffering and pain are difficult to quantify in dollars. This is because they aren't economic damages like medical expenses or loss of income. This is why it is essential to hire a skilled attorney who can explain to jurors how your injury has affected you. The presence of evidence like photographs, witness testimony, and copies of your medical records may assist. Explaining to the jury that your injury has impacted your lifestyle and prevented your from engaging in hobbies and other activities can be a significant factor.
Your lawyer can use one of two standard methods to determine your suffering and pain, which are the Multiplier method or the Per Diem method. The Multiplier method totals up all your monetary damages and then multiplies that amount by a number that ranges between one and five, depending on the severity of your injuries. The Per Diem method assigns a specific amount of money to each day you suffered an injury and then multiplies the amount by the total days it will take you to recover fully. These are only two of the many aspects that your attorney will consider to determine the most fair amount of settlement for your pain and suffering.
Computers and algorithms can't calculate the intensity of pain or suffering, therefore every case has to be assessed individually. In addition to evaluating the physical pain you are experiencing, mental anguish and emotional distress must be considered. This includes emotions like fear, depression, grief and anxiety as well as shock. Post-traumatic stress disorder (PTSD) is a severe mental condition that can cause extreme mental pain.
The best method to prove the loss of enjoyment of life is to have a qualified expert such as psychologist, testify to how the injury has affected you. This can be done through written reports or face-to-face testimony. The more information you provide the more your attorney will be able to help you obtain a greater amount of compensation for your discomfort and pain.
You can sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This kind of negligence claim is referred to as a civil tort. While these kinds of claims aren't common but there are a myriad of types of civil torts that can be filed such as medical malpractice, wrongful deaths 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 for more intangible losses like pain and suffering. Typically the damage is paid by the defendant through an insurance settlement or by the jury or judge in a court case.
In general there are two types of damages: punitive and compensatory. Compensatory damages pay the plaintiff for actual costs and are available in almost every personal injury lawsuit. Punitive damages punish wrongdoers and deter future similar behavior.
When seeking compensation, it is crucial to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also the estimated future losses and expenses. This includes prescription drugs, future surgeries and any other unexpected costs. It is also crucial to think about how the injury has impacted your life quality. It is crucial to consider the losses you suffer when, for instance, you are unable to play with your kids or engage in other activities you enjoy.
Add up the expenses and lost wages to get a simple calculation of past losses. To estimate the future medical expenses and a decrease in 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 days between the date of your maximum medical improvement and the date of your expected return to work, using this daily rate to calculate the estimated loss in income.
You Tube could also be entitled to compensation for "loss or consortium" if your accident has caused emotional anxiety in your relationship with your spouse or other family members.
It's hard to quantify the pain and suffering that you endure however, you should receive full and fair compensation for the injury. In most cases, this category of damages will be determined on a jury or judge's judgment, rather than on concrete evidence. Your attorney can explain this in detail and help you determine the amount of damages you're entitled to.