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What Is Your Personal Injury Claim Worth? If you've been injured as a result of an accident, you could be entitled to compensation. A personal injury lawyer can assist you determine what your claim is worth. The amount of compensation you receive depends on the extent of your injuries and various other elements. Most compensation awards include economic damage, such as reimbursement of medical treatment and compensation for future medical treatment. No-fault system The system of no-fault in New York is designed to assist victims to recover damages for medical expenses as well as other financial losses. This system does not cover non-monetary damages, such as pain and discomfort. Consequently, victims may need to make a personal injury claim to obtain the amount they are due. A knowledgeable attorney can guide you through the process of getting compensation to cover your expenses following an accident and get you back on your feet. The degree and severity of the injury will determine the value of your claim. Injury claims that result in permanent disfigurement or disability are more important than those that don't. In addition, the extent to which your injuries have impacted your quality of life will also increase the value of your claim. To receive the full amount of compensation you deserve for your injuries, it's essential that you keep a record of the total amount of your medical costs and other financial losses. This includes doctor's appointments, surgery, physical therapist and medications, assistive equipment, and any other future medical requirements. Your lawyer can calculate this amount by reviewing your medical records, and obtaining a prognosis from your doctor. It is crucial to consider any income you might have received from a third party other than the responsible party when determining the amount for your personal injury claim. This rule is known as collateral source and it prevents negligent parties from cutting your compensation by subtracting the compensation you've already received from other income sources. If you reside in a no fault or tort liability state, the value of your personal injury claim will be contingent on how serious your injuries are as well as how many people were injured in the accident. An experienced personal injury lawyer can assist you in understanding the no-fault system, and fight for the maximum amount of settlement you're entitled to. In many states, including New York, no-fault insurance coverage is mandatory. Personal injury protection (PIP) will pay for medical expenses and lost wages in the event of an accident. The PIP limits differ between states, but in most cases they provide coverage of at least $2,500 for medical bills and a certain amount for lost wages. Damages for pain and Suffering In personal injury cases the aim is to make the victim whole. This can include getting them back to their financial situation prior to the accident. It could also involve paying for medical costs, car repairs and reimbursing them if they lost income. The law defines suffering and pain as a broad term that refers to physical or emotional impacts that the injury has caused to a person's life. This includes physical pain, mental anguish and diminished health or vigor. These non-economic damages are often more difficult to quantify than the value of other types of damages, like medical bills and lost wages. But there are several methodologies that can be used to help determine the value of pain and suffering. Medical records that detail the extent of pain suffered by a victim could be a powerful source of evidence. The testimony of a victim or their family members can be used to prove how the injuries have impacted their lives. Imagine, for instance, that you suffer from an injury that has stopped you from going for long runs in your spare time or from participating in your hobbies. You'll probably be able to demonstrate how these activities have affected your life quality. In addition, you may have photos or videos that prove your health. These types of proof can be very persuasive even if not backed by scientific proof. The multiplier method and the per diem method are the two most commonly used methods courts use to determine the amount of pain and suffering. The multiplier method is based on multiplying the claimant's economic damages by between one and five. The per diem method assigns an amount to each day of pain and suffering until the claimant is at “maximum improvement”. These procedures aren't set in the stone of law as juries and judges are free to decide on this type of compensation. As such, it is crucial to know how to establish your claim for suffering and pain to increase your chances of getting an equitable settlement. Compensation for lost wages A significant portion of a personal injury settlement could be compensation for lost wages. This includes any time lost from work due an accident, including holidays and weekends. 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 value of these losses. The damages are generally easy to calculate and can be proven using W-2 forms, paystubs, and other employee records. These can be compared with the amount of income you earned prior to your injury to determine the difference. You may also be able include any sick days, vacation days or personal days you planned to take but weren't able to due to the injury. This type of compensation can help you recover some of the lost earnings because of your inability to work, or even pay for future losses. However, you may not get the full amount you would have received if your accident had not occurred because there is likely to be a lien from the other parties who provided treatment or medical expenses. If you are self-employed, it could be more difficult to prove the loss of wages, but this is something that your attorney can discuss with a financial professional. These experts can estimate your future earnings based on your current earning capacity. They will take into account things like your typical job, the number of hours you work per week and your hourly wage. Future losses of earnings damages are similar to past income loss, but they are based on your ability to earn more money in the near future than the amount you earned in the past. These damages are also called impairment of earning capacity or loss of earning potential in the future. They can only be granted if it is established that the injury will be permanent and severely limit your capacity to work in the future. Another type of compensatory damage is known as general damages and may include expenses such as pain and suffering. This is a subjective type of damages that can be difficult for a judge to quantify. This type of damage is often granted along with other types, such as medical bills and lost wages. To qualify for this type you must prove that you experienced physical, mental, and emotional stress as a result. This could include a doctor's report or a professional testimony from a psychiatrist or psychologist. Future medical expenses for damages In personal injury cases, the future medical expenses can be a significant part of your settlement. They are often difficult to prove and calculate. These damages are typically calculated based on your future requirements. These damages could also include the cost of medications, an estimate from a physical therapist of how long treatment will take and other variables. You will have to rely on experts such as doctors or therapists to prove future medical expenses. These experts will testify on the nature of your injury and the impact it will have on you in the future. They will also assist you in determining the value of these expenses. Your lawyer will use this information to present an effective argument on your behalf. You should also think about the income loss that you will suffer as a result. This could include loss of earnings as well as bonuses, commissions and benefits. Additionally, you could need to pay for a home-care nurse or attendant, and could be entitled to reimbursement for the cost of assistive devices, such as wheelchairs, walkers, and canes. Many injured victims require a great deal of ongoing treatment and treatment following an accident and it can be expensive. This includes physical therapy as well as and occupational treatments. Augusta injury lawsuits www.youtube.com , including the cost of transportation and accommodation to and from appointments, are covered by compensation for injured victims. It's also important to take into consideration other costs that are not medically related to your accident, like the loss of enjoyment of activities you enjoyed prior to your accident. This is an area of damage that's more difficult to quantify, but it's still essential to document it as accurately as possible. You can seek to recover these losses through two methods: a settlement or a lawsuit. A settlement is negotiations with the defendant or insurance company to settle a dispute outside of court. A lawsuit requires a trial and proof that the defendant's negligence, or carelessness, caused your injury. An attorney for personal injury can help you determine which path is right for your case.