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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter your life. You may feel overwhelmed with the effects of your injuries, from medical bills and lost income to pain and suffering. Some costs are easy to calculate, like medical expenses or the cost of missing work. Others are more subjective, such as your pain and suffering. Loss of wages The loss of income resulting from injuries can be catastrophic. Many households depend on their wages to cover basic living expenses such as mortgage or rent payments, as well as food items. In New York, injured workers might be eligible to file a personal injury claim against the driver who caused the accident 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. The first step to calculate the loss of your wages is to determine the average weekly wage (AWW) that you earned prior to your accident. This can be done by looking over your old pay receipts. An attorney can help gather the required documents to prove your claim. Include both salaries if you have more than one employer or have multiple sources of income. It is also helpful to include any additional financial benefits you're receiving like bonuses as well as health insurance or retirement contributions. Based on the nature of your injury, you might be not able to return to work or be able to return at a reduced capacity. If you find yourself in this circumstance your insurance provider may have to provide temporary benefits such as a weekly fixed payment based on a certain percentage of your wage. You may also be entitled to reimbursement for your paid time off (PTO) that you used during the time you were recovering from your injuries. The value of PTO generally equals one day's salary. When calculating your lost wages take into account the work-related expenses you have to pay. This can include the cost of transport, meals or other equipment necessary to help you recover. While workers' compensation provides you with the medical treatment and compensation for the loss of your current wages, it doesn't guarantee future lost earnings. If your injury hinders you from working in the same field or earning the same salary you earn, you are able to seek compensation under an additional claim known as “lost earnings capacity.” You'll have to prove that your accident has affected your ability to pursue your career track. Medical bills Many people are shocked by the expense of a hospital stay particularly if it's an emergency room visit. Outpatient treatments can be costly. This is because medicine is a profit-making business and the doctors must cover their costs and make profits. In turn, they are entitled to levy your personal injury settlement or award to recover the amount they were billed. Medical expenses are part of the compensation claim for injuries resulting from negligence. They are usually refunded by the party responsible for the accident and their insurance company. The responsibility lies with you to pay these medical bills as long as the case is in progress. After your personal injury coverage (PIP) which has a limit of $2200 or $8,000 is exhausted, you can make use of the remaining health insurance coverage to pay 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 are paid to them. In addition, you should ensure that any of the medical providers you have been seeing are authorized by the Workers' Compensation Board to treat injured workers. If they're not, you will be held accountable for the expenses should you ever receive an injury settlement. It is also essential to make sure that you inform your attorney regarding all of the doctor's offices, physical therapists' and other medical providers you have been to. Your lawyer may not be aware of them and may not be able to collect amount due from your settlement. While there is no way to fully cover the physical and emotional trauma you have experienced due to the negligence of another the other party, a lawsuit for injury can help. San Angelo injury attorneys may be able to claim 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 pain and discomfort. Pain and suffering It is difficult for pain and suffering to quantify in dollars. This is because they are not economic damages like medical bills or income loss. This is why it is crucial to have a competent attorney who can explain to jurors how your injury has affected you. Having evidence such as photos, witness testimony and copies of your medical records can help. However, explaining to the jury how your injury has impacted your lifestyle and caused you to be unable to enjoy sports and hobbies can have a significant impact. Your lawyer may use one of two methods to calculate your pain and suffering that is the Multiplier method or the Per Diem method. The Multiplier method takes your monetary damages and then multiplies it by a number ranging from one to five, depending on the severity of your injury. The Per Diem method assigns a specific dollar amount to each day you suffered an injury and then multiplies the sum by the number of days it will take you 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. Pain and suffering is not something that can be measured using a computer or algorithm therefore a personal injury case requires a careful evaluation of the unique elements that impact each victim's particular situation. In addition to evaluating your actual physical pain, mental anguish and emotional distress should be taken into consideration. This includes feelings 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. A psychologist or another expert can testify to the severity of your injury and how it has affected your life. This can be done through written reports or face-to-face testimony. The more details you provide the better chance it is that your lawyer can get you a higher compensation award for your suffering and pain. You may sue someone who intentionally injured you, even though the majority of personal injury cases are accidents. This type of negligence claim is referred to as a civil tort. Although these types of claims are rare but there are a myriad of types of civil torts that can be filed, including wrongful death, medical malpractice and dog bite injuries and defamation lawsuits. Damages Following an accident, a financial award can help someone get back on their feet. It can also compensate more intangible losses, such as pain and suffering. Damages are typically covered by an insurance settlement or by the judge or jury in the event of a case being heard in the court. Generally there are two types of damages: punitive and compensatory. Compensatory damages reimburse the plaintiff for actual expenses and are offered in nearly every personal injury case. Punitive damages are used to punish the perpetrator and deter similar behavior in the future. It is crucial to include future expenses and costs when requesting compensation. This includes prescription medication as well as future surgeries, and other unexpected expenses. It is also important to consider the effects of your injury on your quality-of-life. It is crucial to take into account the consequences you face when, for instance you are unable to play with your kids or participate in other activities you love. The easiest way to calculate past losses is simply adding up what you've spent and the amount you've lost. To calculate the future medical expenses and the potential for earnings loss you'll need the doctor's note indicating how long you will be out of work and your hourly rate. You can then divide the number days between the date of your medical improvement's maximum and the expected return to work, using this daily rate, to calculate the estimated loss of income. In addition, if your injury has harmed your relationships with family members, you could be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to ease the emotional pain caused by the impact an injury has on your relationship with your spouse and other family members. It is difficult to quantify, but you are entitled to fair compensation. In most cases, this category of damages will be based on a jury or judge's decision, not on actual evidence. Your lawyer can explain this in more detail and help you determine the amount of damages you are entitled to for your injuries.