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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the ways you live your life. Huntington Beach injury attorneys might be overwhelmed by the consequences of your injuries, from medical bills and lost income to suffering and pain. Some costs, such as your medical expenses or lost wages are simple to determine. Certain costs are subjective, like your suffering and pain. Lost wages Injuries that result in a loss of income can be devastating. Many families rely on their earnings to cover the essential costs of living, such as rent or mortgage payments and groceries. In New York, injured workers can file a personal injuries claim against the driver who was at the fault in order to obtain compensation for lost wages. However the success of a claim is contingent on the proof that the injury triggered the loss in wages and it was proximately related to the crash. The first step to calculate the loss of your wages is to calculate the average weekly wage (AWW) that you earned prior to your injury. You can do this by looking through your pay stubs. An attorney can help you gather documents to support your claim. If you have more than one employer or have several sources of income, it's important to include both salaries in your AWW calculation. It is also important to include any financial benefits you receive, such as health insurance, retirement contributions or bonuses. Depending on the nature of the injury, you may be in a position to not return to work or only be able to return to a reduced capacity. If you're in this situation, the insurance company will have to provide you with temporary benefits, for example, weekly fixed payments that is based on a percentage of your weekly wage. You may also be entitled to reimbursement of your paid time off (PTO) which you used during your recovery from your injury. The value of PTO typically equals one day's salary. Another factor to 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 any transportation or meals needed for your recovery. While workers' compensation provides you with the required medical treatment and compensation for your current missed wages, it does not guarantee future lost earnings. If your injury stops you from working in the same field or with the same pay, you can request compensation for future losses via a separate process called “lost earning capacity.” In order to be able to prove this claim, you'll need to present evidence of the impact that your accident has had on your ability to pursue a specific career direction. Medical bills Many people experience sticker shock when they look at the cost of hospital visits, especially an emergency room visit. Outpatient treatment can be expensive. This is because medicine is a profitable business and the doctors must pay for their expenses and turn a profit. They are therefore entitled to put a lien on your personal injury settlement in order to recover the amount they have been paid. Medical bills are considered to be a part of the claim for compensation for injuries caused by the negligent acts of another. They are generally reimbursed by the party at fault and their insurance company. The responsibility lies with you to pay these medical expenses during the time that the case is pending. When your personal injury protection (PIP) that has the limit of $8,000 or $2200 is exhausted, you are able to take advantage of the remainder of your health insurance coverage to cover your medical expenses. It is essential to keep your health insurance information on file at the medical provider so that they can send them the bills. You should also ensure whether the medical professionals who treated you are authorized to do so by the Workers' Compensation Board. If they aren't, you'll be responsible for the cost of treatment when you receive the personal settlement for injury. You should also tell your lawyer who handled your accident about all the doctors, physical therapists and other medical professionals you've visited. Your lawyer may be unaware of them and may not be able collect the amounts owed from your settlement. While there is no way to fully compensate for the physical and emotional trauma you've endured because of the negligence of another, an injury lawsuit can be a great 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 bills as well as lost wages and other damages that are not economic, such as pain and discomfort. Pain and suffering Unlike economic damages, like medical bills and income loss it is difficult to place a dollar amount on the pain and suffering. It is crucial to choose an attorney who is able to explain to jurors how your injury affected your life. Evidence such as photos, witness testimony, and copies of your medical records could assist. But, describing to the jury how your injury has affected your life and prevented you from enjoying activities and hobbies can be a major factor. Your lawyer can employ either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method takes the amount of money you have lost and then multiplies it by a number ranging between one and five, depending on your severity of injury. The Per Diem method assigns a specific dollar amount for each day you suffered an injury and then multiplies the sum by the number of days that it will take to recover fully. Your lawyer will consider a variety of aspects to determine the appropriate settlement amount to compensate you for your pain and discomfort. Computers and algorithms cannot determine the intensity of pain or suffering, therefore each case should be evaluated in a unique. In addition to evaluating the actual physical pain, mental anguish and emotional distress should be taken into consideration. This includes feelings like depression, grief and anxiety. Severe mental pain can even include PTSD or post-traumatic stress disorder. A psychologist or other expert can testify about your injury and how it has affected you. This can be done via written reports or through face-toface testimony. The more information you can provide the greater chance it is that your attorney will be able to secure you a larger amount of compensation for your suffering and pain. You can sue someone who has intentionally injured you, even though the majority of personal injury cases are accidents. This kind of negligence claim is called 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 a person as compensation for an injury may assist them in getting back on their feet after an accident. It could also cover more intangible losses like suffering and pain. Typically the damages are paid by the defendant through an insurance settlement or by a judge or jury in a court case. In general there are two kinds of damages: compensatory or punitive. Compensatory damages reimburse the plaintiff for actual expenses and are available in almost every personal injury case. Punitive damages are used to punish criminals and discourage future similar conduct. It is important to include future expenses and costs when requesting compensation. This includes prescription medication, future surgeries and other unexpected costs. It is crucial to consider the consequences of your injury to your quality-of-life. It is crucial to take into account the losses you suffer in the event that, for instance you are unable to play with your children or participate in other activities you love. The easiest method to calculate past losses is by simply adding up what you've spent and the amount you've lost. However, to calculate future medical bills and lower earning capacity, you'll need an official note from your doctor stating the length of time you will be not able to work and the usual hourly rate. Then, you'll be able to divide the number of days between your date of greatest medical improvement and the date you're expected to return to work by the daily rate to calculate estimated lost earnings. 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 loved ones. It's hard to put a price on the pain and suffering that you endure however, you are entitled to the full and fair compensation for your injury. This type of compensation is usually determined by the judge's or jury's judgment instead of hard evidence. Your attorney can explain this in more detail and assist you in determining the level of damages you are entitled to for your injuries.