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How You Tube Can Help You Get Back on Your Feet A serious injury can change the how you live your life. From the cost of medical bills and lost wages to pain and suffering you might feel overwhelmed by the consequences of your injuries. Certain costs are simple to calculate, like medical expenses or the cost of missing work. Some costs are subjective, like your suffering and pain. Loss of wages Injuries that result in a loss of income could be devastating. Many households depend on their earnings to cover essential expenses like mortgage or rent payments as well as food expenses. In New York, injured workers may be eligible to file a personal injury lawsuit against the at-fault driver to recover the cost of lost wages. However the success of a claim is contingent on proof that the injury caused the loss in wages and it was directly connected to the accident. The first step to calculate your lost wages is to calculate the average weekly wage (AWW) that you earned prior to your accident. This can be accomplished by looking at your past pay stubs. An attorney can help gather documents to support your claim. If you have more than one employer or have multiple sources of income, it is essential to include both your salaries in your AWW calculation. It is also advisable to include any additional financial benefits you're receiving, such as bonuses and health insurance, as well as retirement contributions. It is possible that you will not be in a position to return to your job or you might only be able to return in a lesser capacity, depending on the nature of your injury. If you are in this scenario the insurance company will need to provide you with temporary benefits, like a weekly fixed payment that is based on a percentage of your average weekly income. You may be eligible for reimbursement for your paid time off (PTO) which you utilized while you were recovering from your injuries. The value of PTO is generally considered to be the equivalent of one day's salary. Another factor that needs 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 the cost of transportation, meals or equipment needed for your recovery. Workers' compensation doesn't guarantee future earnings. If your injury stops you from working in the same field or earning the same salary you earn, you are able to seek compensation under a separate claim called “lost earnings capacity.” You will be required to prove your accident has affected your ability to pursue your career direction. Medical bills Many people are shocked by the expense of hospitalization especially when it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is for-profit and doctors have to cover their costs in order to make profit. They are therefore entitled to place a lien against your personal injury settlement to recover the amount they have been paid. Medical bills are deemed to be part of the claim for compensation for injuries caused by the negligent acts of another. In the majority of cases, the person who is at fault and their insurance company pay the medical bills. You are responsible for paying these medical bills while the case is pending. When your personal injury protection (PIP) has reached its limit of $8,000 or $2,200 you can apply your health insurance plan to pay the rest of your medical expenses. However, it is important to have your health insurance's contact details in the file of your medical provider to make sure that these bills are paid for by them. It is also important to confirm that the medical providers who treated you are authorized to treat you by the Workers' Compensation Board. If they aren't you'll be accountable for paying the bills once you receive the personal injury settlement. It is also important to inform your accident lawyer about the physical therapists, doctors, and other medical providers that you have visited. Your lawyer may not be aware of them and might not be able collect the amount due from your settlement. While there is no way to fully make up for the physical and emotional trauma you've experienced as a result of the negligence of another the other party, a lawsuit for injury could be helpful. You can get compensation for your injuries, or the death of someone you love in the event that you can prove that other party's negligence caused it. This includes medical expenses as well as lost wages and other non-economic damages such as pain and discomfort. 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. It is essential to find a lawyer who is able to explain to jurors how your injury affected your life. Evidence such as witness testimony and medical records and photos could be useful. The jury should be able to understand the way your injury has impacted your life and prevented you from enjoying hobbies and other activities can have a significant impact. Your lawyer could employ one of two methods to determine your suffering and pain that is the Multiplier method or the Per Diem method. The Multiplier method is a method of adding up your damages in money and then multiplies them by a number ranging from one to five, dependent on the severity of your injury. The Per Diem method assigns a specific amount of money to each day that you were injured and multiplies the amount by the total days that it will take to recover fully. Your lawyer will take into account many aspects to determine the appropriate settlement amount to compensate you 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 evaluating your actual physical pain, mental anguish and emotional distress should be taken into consideration. This includes emotions such as grief, depression, fear and anxiety as well as shock. The most severe mental pain could include PTSD or post-traumatic stress disorder. A psychologist or other expert can testify to your injury and how it has affected you. This can be done by written reports or through face-toface testimony. The more details you provide the better your attorney can help you receive a better settlement for your discomfort and pain. Although the majority of personal injuries involve accidents, you can also pursue a lawsuit against someone who intentionally harmed you. This type of negligence claim is called a civil tort. While these kinds of claims are not common but there are a myriad of types of civil torts that can be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can aid someone to get back on their feet. It could also cover more intangible losses such as pain and suffering. Typically the damages are paid by the defendant as an insurance settlement or by a jury or judge in court cases. Generally there are two types of damages: compensatory and punitive. Compensatory damages pay the plaintiff for actual costs and are available in nearly every personal injury case. Punitive damages are used to punish criminals and deter future similar behavior. It is crucial to include future expenses and costs when you request compensation. This includes prescription medication as well as future surgeries, and other unforeseen costs. It is crucial to think about the effects of your injury on your quality-of-life. It is important to consider the loss you experience when, for instance, you are unable to play with your kids or do other activities that you love. The most straightforward way to estimate past losses is by simply adding up what you've spent and the amount you've lost. To estimate future medical costs and earnings potential that are less you'll need the doctor's note indicating how long you will be absent from work and the average hourly rate. You can then divide the number of days between the date of your medical improvement's maximum and the expected return to work by this daily rate, to calculate estimated lost income. In addition, if your injury has harmed your relationships with family members, you may be eligible to receive compensation for the loss of companionship or “loss of consortium.” This kind of compensation is intended to ease the emotional pain caused by the impact an injury has on your relationship with your spouse and other loved ones. It is difficult to quantify, but you should be able to claim fair compensation. Often, this category of damages will be determined on a judge or jury's judgment rather than on hard evidence. Your attorney can explain this in greater detail and assist you in determining the amount of compensation you are entitled to for your injuries.