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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury could alter your life. Jacksonville injury lawyers YouTube may be overwhelmed by the impact of your injuries, from medical bills and lost income to suffering and pain. Certain costs, like your medical expenses or lost wages, are easy to determine. Others are more subjective, such as your suffering and pain. Loss of wages Injuries that result in a loss of income can be catastrophic. Many families rely on wages to cover basic expenses, such as rent or mortgage payments, groceries and utility bills. In New York, injured workers may be eligible to file an injury claim against the driver at fault to recover the cost of lost wages. A successful claim will require evidence that the injury was the cause of the wage loss, and that it is directly related to the accident. The first step to calculate your lost wages is to determine the average weekly wage (AWW) that you earned before your injury. This can be accomplished by looking through your previous pay receipts. A lawyer can help gather the appropriate documents to support your claim. Include both your salaries in the event that you have more than one employer or have multiple sources of income. It is also important to include any financial benefits you are entitled to, like retirement benefits, health insurance, or bonuses. You may not be in a position to return to work or may only be able to do so in a reduced capacity, depending on the severity of the injury. If you're in this circumstance the insurance company might be required to provide temporary benefits, such as a weekly fixed payment which is based on a percentage of your income. You could be eligible for reimbursement of your paid time off (PTO) which you utilized in your recovery from your injury. The value of PTO generally equals one day's wage. Another factor that needs to be considered when making a calculation of your lost wages is the costs of any expenses related to work you incurred. This can include the cost of any transportation, meals, or equipment necessary to help you recover. Workers' compensation doesn't guarantee future earnings. If your injury prohibits you from working in the same field or earning the same salary you may be eligible for compensation for future losses through an additional process known as “lost earning capacity.” To prove your claim, you will need to prove the impact your injury has had on your ability to pursue a particular career direction. Medical bills Many people are shocked by the expense of a hospital stay particularly if it's an emergency room visit. Outpatient treatment can be expensive. It is because the medical profession is a business and doctors must pay their costs in order to make profits. In turn, they are entitled to place a lien on your personal injury settlement or award to recuperate the amount they've been paid. Medical bills are deemed to be a part of the claim for compensation for injuries caused by the negligent actions of another. In the majority of cases, the person who is at fault and their insurance company reimburse the medical bills. You are accountable for paying these medical bills during the time that the case is pending. When your personal injury protection (PIP) has exhausted the limit of $2,200 or $8,000 you can apply your health insurance to pay the remainder of your medical expenses. However, it's important that you have your health insurance's contact information in the file of your medical professional to ensure that these bills get paid 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 aren't then you'll be responsible for paying the bills when you receive your personal settlement for injury. It is also important to ensure that you tell your accident attorney about all the doctor's offices, physical therapists' and other medical professionals you've visited. Your lawyer might not be aware of them and may not be able collect the amounts owed from your settlement. While there is no way to completely cover the physical and emotional trauma you've endured because of the negligence of another or another, a lawsuit for injuries can help. You can get compensation for your injuries or the loss of a loved one in the event that you can prove that negligence of the other party caused it. This includes medical expenses or lost wages, as well as other non-economic damages such as discomfort and pain. 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 bills or loss of income. It is essential to find a lawyer who is able to explain to jurors how your injury affected you. The presence of evidence like photos, witness testimony and copies of your medical records may assist. However, describing to the jury how your injury has affected your life and caused you to be unable to enjoy hobbies and activities can also be a major factor. Your lawyer may use one of two standard methods to calculate the amount of your pain and suffering and suffering, which is the Multiplier method or the Per Diem method. The Multiplier method adds up all your monetary damages and multiplies the amount by a value between one and five, depending on the severity of your injuries. The Per Diem method assigns an amount of money to every day you've been injured, and multiplies this number by the number days it will take to recover fully. These are only two of the many factors that your attorney will consider to determine a fair settlement figure for your pain and suffering. Computers and algorithms are unable to determine pain or suffering, so each case must be evaluated each case individually. You must also take into consideration your emotional stress, mental suffering and physical pain. This includes emotions like depression, grief and anxiety. Post-traumatic stress disorder (PTSD) is a severe mental condition that can cause extreme mental pain. The best method to prove your loss of enjoyment of life is to have a trained expert such as psychologist, testify to how the injury has affected you. This can be done by written reports or through face-toface testimony. The more information you can provide the better chance it is that your lawyer can get you a greater amount of compensation for your pain and suffering. While most personal injury cases involve accidents, you may also file an action against someone who deliberately harmed you. This kind of negligence claim can be called a civil tort. While these kinds of claims are rare however, there are a variety of civil torts that can be filed, including medical malpractice, wrongful death dog bite injuries and defamation lawsuits. Damages A sum of money awarded to someone in compensation for an injury could aid them in getting back on their feet after an accident. It can also compensate for other intangible losses, such as pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by a jury or judge in court cases. In general, there are two categories of damages: compensatory and punitive. Compensation damages compensate the plaintiff for actual costs and are available in nearly every personal injury lawsuit. Punitive damages penalize wrongdoers and prevent future similar actions. When seeking compensation, it is essential 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 unexpected costs. It is important to also consider the effects of your injury on your quality-of-life. For example, if you cannot play with your children or engage in other activities you usually do, it is important to take into account the losses. The easiest way to calculate past losses is by simply adding up what you've spent and the wages you've missed. However, to estimate future medical bills and lower earning power, you'll need medical note from a doctor that outlines the amount 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, using this daily rate to calculate estimated lost income. You may 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. The pain and suffering of a person is difficult to quantify, but you should be able to claim fair compensation. Often, this category of damages will be determined on a jury or judge's judgment rather than on hard evidence. Your lawyer can explain it in detail and help you determine the amount of damages you deserve.