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What Is Your Personal Injury Claim Worth? If you've been injured in an accident, you could be entitled to compensation. A personal injury lawyer can help you understand what your claim is worth. The amount of compensation you will receive is determined by the severity of your injuries and several other factors. Most compensation awards will include financial damage, such as reimbursement of medical treatment and compensation for future medical care. No-fault system The system of no-fault in New York was designed to help victims recover damages resulting from medical expenses as well as other financial losses. This system doesn't cover damages that are non-monetary such as pain or discomfort. In order to receive the amount of compensation they deserve, victims may have to make a claim. A knowledgeable attorney can help you navigate the process of obtaining the amount you require to pay your bills and get back on track after an accident. The severity and nature of the injury will determine the value of your claim. Injury claims that result in permanent disability or disfigurement are more significant than those that do not. In addition the degree to which your injuries have impacted your life quality will also increase the value of your claim. It is essential to keep track of all your medical expenses and financial losses in order to receive a full reimbursement. This includes doctor visits, surgery and physical therapy, medication as well as assistive devices, and any other medical needs you might require in the future. Your lawyer will be able to determine this amount by reviewing your medical records and obtaining an estimate from your doctor. It is important to consider any income you may have received from other sources other than the negligent party when determining the value for your personal injury claim. This is called the collateral source rule and it prevents the negligent parties from decreasing the amount they have to pay you by removing the money you already received from other sources of income. If you reside in a no-fault or tort liability state the value of your personal injury claim will depend on how serious your injuries are and the number of people injured in the accident. A personal injury lawyer can assist you understand the no-fault state and fight for the compensation you're entitled to. No-fault insurance is a requirement in many states, including New York. Personal injury protection (PIP) will pay for medical expenses and lost wages in the event of an accident. PIP limits vary between states, however, most states offer coverage of a minimum of $2,500 for medical bills and a certain amount for lost wages. Damages for pain and Suffering In personal injury cases the goal is to make the victim whole again. This can include returning the victim to the financial situation they were in prior to the accident, covering medical bills and repair costs, and compensating the victim for lost income, and other non-economic damages like pain and suffering. The law defines suffering and pain as a broad term that refers to physical or emotional effects that the injury has had on the life of a person. This includes physical pain, mental anguish and diminished vitality or health. These damages that are not economic can be more difficult to quantify when compared to other types of damages such as medical bills or lost wages. There are a variety of methods that can be used in order to determine the value for pain and suffering. For example medical records that demonstrate the severity of a victim's suffering can be a valuable evidence. The testimony of a victim or family members could be used to prove how the injuries have impacted their lives. For example, imagine you've suffered an injury that has stopped you from taking long runs in your spare time or from engaging in your hobbies. You would probably be able to demonstrate how these activities have impacted your quality of life. You may also have photos or videos that demonstrate your condition. These kinds of evidence can be extremely convincing to a jury even if they're not backed by scientific proof. There are two methods courts assess pain and suffering using the multiplier method as well as the per diem method. The multiplier method involves the process of multiplying a claimant's economic damages by a number between one and five, while the per diem method assigns a monetary value to every day that they have suffered from their injuries until they reach “maximum medical improvement.” These methods are not set in the stone of law as juries and judges have a wide range of discretion when deciding to award this kind of compensation. It is therefore important to understand how to prove your claim for pain, suffering and other damages to improve your chances of receiving an equitable settlement. Damages for loss of wages A significant portion of a personal injury settlement could be compensation for lost wages. Lauderhill injury lawyers You Tube includes all time that you are absent from work because of an accident, including weekends and holidays. This includes bonuses, commissions or tips that you could have earned during your employment. A forensic economist or a financial expert will typically calculate the amount of these losses. These damages are typically easily calculated and can be proved with paystubs, W-2 forms, and other employer records. These can be compared with the amount of money you made prior to your injury to determine the difference. You may also be able include any sick days, vacations, or personal leave that you planned to take but were unable to due to the injury. This type of compensation may assist you in recovering some of the income loss due to your inability of work, or even pay for future losses. You won't receive your full compensation if your injury hadn't happened. This is due to the fact that there could be a lien on your account from a different person who paid for medical bills or treatment. If you are self-employed, it could be more difficult to prove that you have lost wages However, this is a matter that your attorney can discuss with a financial expert. Experts can help you estimate your future earnings by analyzing your current earnings capacity. They will take into account aspects like your regular work, the number of working hours per week, and your hourly wage. Future loss of earnings damages are similar to past loss of income but are based on your ability to earn in the near future rather than what you actually earned before. These damages can also be called impairment of earning capacity or loss of earning potential in the future. They are typically only awarded when it is proven that the injury will significantly and permanently affect your ability to work. General damages are another type of compensatory damages. They can be a result of costs like suffering and pain. This is a subjective type of damages that can be difficult for the court to quantify. This type of damage is often granted along with other types, such as medical bills and lost wages. To be eligible for this type, you must show that you experienced physical, mental or emotional stress as a result. This could include a doctor's report or an expert's testimony from a psychiatrist or psychologist. Future medical expenses – Damages to be paid In personal injury cases, future medical costs can make up the majority of your settlement. They can be difficult to prove and determine. The damage is usually determined by actuarial calculations of your future needs. These damages can include the cost of medication, an estimate by a physical therapist of how long treatment will take as well as other factors. To show future medical expenses, you will need to work with experts including doctors and therapists. They will testify regarding the nature of your injury and its anticipated impact on your life. They will also assist you in determining the present value of these expenses. Your lawyer will use this information to make an effective argument for you. Another thing to consider is the loss of income that you will experience due to your injuries. This could include lost earnings, commissions, bonuses, and benefits. In addition, you might require an in-home care nurse or attendant, and could be entitled to compensation for the cost of assistive devices like wheelchairs, walkers, and canes. Many injured victims require a amount of ongoing treatment and care after their accident, which can be extremely expensive. This includes therapy and physical and occupational therapies. The injured victims are entitled to compensation for these expenses, as well as the cost of transport and accommodation for their journey to and from their appointments. Think about other costs in addition to medical expenses, for example the loss of enjoyment from activities you previously enjoyed prior to your injury. The extent of the damage could be difficult to quantify but it is still important to document as accurately as you can. You could seek compensation for these damages by filing a lawsuit or settling out of court. A settlement is a deal with the defendant or their insurance company to settle the issue outside of court. A lawsuit however requires a trial and proof that your injury was caused by the defendant's negligence or reckless actions. A personal injury lawyer will help you to determine the best course of action for your case.