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How Independence injury lawsuits Can Help You Get Back on Your Feet A serious injury can alter the how you live your life. You might be overwhelmed by the effects of your injuries, from the cost of medical bills and loss of income to suffering and pain. Certain costs, like your medical expenses or lost wages are simple to calculate. Some costs are subjective, like your suffering and pain. Loss of wages Injury-related income loss can be a devastating loss of income. Many households rely on their wages to cover essential expenses like mortgage or rent payments, as well as food expenses. In New York, injured workers can file a personal injuries claim against the driver at the fault in order to obtain the lost wages. A successful claim requires proof that the injury was the reason of the wage loss, and that it is directly connected to the accident. The first step in calculating your lost wages is to determine the average weekly wage (AWW) that you earned prior to your accident. This can be accomplished by looking at your past pay statements. A lawyer can help you find the right documents to support your claim. Include both salaries if you have more than one employer or multiple sources of income. You should also include any financial benefits that you are entitled to, like retirement and health insurance or bonuses. It is possible that you will not be capable of returning to your job or you might be able perform the job in a limited capacity, depending on the nature of the injury. If you're in this situation the insurance company will have to provide you with temporary benefits, for example, a fixed payment each week which is based on the percentage of your average weekly income. You could also be entitled to reimbursement of your paid time off (PTO) that you took advantage of to recover from your injury. The value of PTO is generally considered to be equal to the equivalent of one day's wages. When calculating your lost wages take into account any work-related costs that you have incurred. This can include the cost of transportation, meals, or equipment needed for your recovery. Workers' compensation is a benefit that provides you with the medical treatment and compensation for missed wages, it does not provide for future earnings. If your injury prohibits you from working in the same field or with the same wage, you can request compensation for future losses via a separate process called “lost earning capacity.” In order to prove your claim, you will need provide evidence of the impact that your accident has had on your ability to pursue a particular career path. Medical bills Many people are shocked when they look at the cost of hospital visits, especially an emergency room trip. Outpatient treatments can be costly. It is because the medical profession is a business and doctors must cover their expenses in order to earn profits. As a result they are entitled to put a lien on your personal injury settlement or award to recover the amount they have been billed. Medical bills are considered to be part of the claim for compensation for injuries caused by the negligent acts of another. In the majority of cases, the at-fault person and their insurance company pay the medical expenses. You are accountable for paying these medical bills during the time that the case is pending. Once your personal injury protection (PIP) has exhausted its limit of $8,000 or $2,200, you can use your health insurance plan to pay the remainder of your medical expenses. It is essential to keep your health insurance information on the medical provider's file to allow them to pay these bills directly to them. You should also ensure that the medical professionals who treated you are licensed to treat you by the Workers' Compensation Board. If they aren't then you'll be responsible for paying the bills when you receive your personal injury settlement. It is also important to inform your accident lawyer about all the doctors, physical therapists, and other medical providers that you have visited. Your lawyer might not be aware about them, and might not be able collect the amounts that are 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 someone else or another, a lawsuit for injuries can be a great help. You could receive compensation for your injuries or the loss of someone you love, if you can prove that the other party's negligence caused it. This includes medical expenses as well as lost wages and non-economic damages like pain and discomfort. Suffering and pain It is difficult for pain and suffering to quantify in dollar terms. This is because they aren't economic damages like medical bills or loss of income. It is important to hire an attorney who is able to explain to a juror how your injury affected you. Evidence such as witness testimony, copies of your medical records, and photographs can be helpful. However, describing to the jury how your injury has impacted your lifestyle and caused you to be unable to enjoy hobbies and activities can also make a significant impact. Your lawyer can employ 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 then multiplies that amount by a number 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 then multiplies that number by the number days you will need to fully recover. Your lawyer will take into account many factors to determine the fair settlement amount for your pain and discomfort. Computers and algorithms can't calculate pain or suffering, which is why each case must be evaluated each case individually. In addition to assessing your actual physical pain emotional anguish, mental stress and distress should be taken into consideration. This includes feelings like depression, anxiety, and grief. The most severe mental pain could include PTSD, or post-traumatic stress disorder. A psychologist or other expert can testify to your injuries and how it has affected your life. This can be done by written reports or face-to-face testimony. The more details that you can provide the better chance it is that your attorney will be able to get you a larger amount of compensation for your pain and suffering. You can sue someone who has intentionally injured you, even though the majority of personal injury cases involve accidents. This kind of negligence claim is described as a civil tort. Civil torts are not uncommon, even though these claims are not common. They include wrongful death, medical negligence, dog bite injuries and defamation suits. Damages A monetary sum awarded to someone as compensation for an injury could 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 a judge or jury in the event of a case being heard 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 available in almost every personal injury case. Punitive damages penalize wrongdoers and deter future similar behavior. When seeking compensation, it is crucial to include not only past losses, such as medical bills and lost wages, but also estimates of future expenses and losses. This includes prescription medication as well as future surgeries, and other unforeseen costs. It is also crucial to think about how the injury has impacted your life quality. It is essential to consider the losses you suffer if, for example you are unable to play with your kids or engage in other activities you enjoy. Add up your expenses and wages missed to get a simple calculation of losses in the past. To estimate future medical costs and earnings potential that are less You'll need a doctor's letter indicating how long you will be out of work and your hourly rate. Then, you'll be able to divide the number of days between your date of the maximum improvement in your medical condition and when you are scheduled to resume work by that daily rate to calculate estimated lost earnings. In addition, if your accident has damaged your relationships with family members, you could be eligible for compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to alleviate the emotional stress that an injury can have on your relationship with your spouse and other loved ones. The pain and suffering of a person is difficult to quantify, but you should be able to claim fair compensation. This type of damage is often based on the judge's or jury's judgement rather than hard evidence. Your lawyer can explain this in more detail and assist you in determining the amount of damages you're entitled to for your injury.