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What Is Your Personal Injury Claim Worth? You could be entitled to compensation if you were injured in an accident. A personal injury lawyer can help you to determine how much your claim is worth. The amount of compensation that you receive is determined by the severity of your injury as well as several other factors. Most compensation awards will include financial damage, like reimbursement for medical expenses 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 their medical expenses and other financial losses. This system does not pay for damages that are not monetary, such as pain and discomfort. Therefore, victims may have to make a personal injury claim to get the amount they are due. An experienced lawyer can guide you through the process of obtaining the compensation you require to pay your bills and get back on your feet after an accident. You Tube of your personal injury claim could be determined by the severity and nature of your injuries. Injury that causes permanent impairment or disfigurement tend to be worth more than those that don't. In addition the degree to which your injuries have impacted your quality of life also increase the value of your claim. It is essential to document all of your medical expenses and financial losses to receive a full reimbursement. This includes doctor's appointments and surgeries, physical therapists and medications, assistive equipment, and any other future medical requirements. Your lawyer will be able calculate this number by reviewing your medical records and obtaining an opinion from your doctor. It is crucial to take into consideration any income that you may have received from third parties other than the responsible party when determining the amount for your personal injury claim. This is referred to as the collateral source and it stops negligent parties from cutting your compensation by subtracting the money you've already received from other sources of income. If you are in a no-fault or a tort liability state the value of your personal injury claim will depend on how severe your injuries are as well as 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 deserve. In many states, such as New York, no-fault insurance coverage is required. Personal injury protection (PIP) will pay for medical bills and lost wages in the event of an accident. PIP limits vary state-to-state but the majority offer at least $2,500 in coverage for medical expenses and a small amount of insurance for lost wages. Damages for pain and suffering In personal injury cases, the aim is to make a victim whole again following an accident. This could mean returning the victim to the financial situation they were in before the accident, covering medical bills and repair costs, and compensating the loss of income and other non-economic damages like pain and suffering. The law defines the term “pain and suffering” as a broad category of physical or emotional effects that the injury has had on a person's life. This includes physical pain, mental anguish and loss of vitality or health. These non-economic damages are more difficult to quantify when compared to other damages such as medical bills or lost wages. There are several ways to use in order to determine the value for suffering and pain. Medical records that reveal the amount of pain endured by a victim can be a valuable source of evidence. The testimony of a victim, or a family member, can be a good indicator of how injuries impacted their lives. For instance, suppose you've suffered an injury that has prevented 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 standard of life. You may also have photos or videos that demonstrate your health. These types of proof can be extremely persuasive even if they are not supported by scientific proof. The multiplier method and per diem method are two of the most frequently used methods courts use to determine the amount of pain and suffering. The multiplier method is based on multiplying the amount of the claimant's damages in economic terms by one and five. The per diem method assigns an amount for each day of pain and suffering until the claimant has reached “maximum improvement”. These methods aren't fixed, and jurors and judges have wide discretion in determining the amount of compensation they award. Therefore, it is essential to know how to establish your claim for pain and suffering in order to increase your chances of receiving a fair settlement. Damages for loss of wages Damages for lost wages could be a large portion of a personal injury award. This includes all time missed from work due to an accident including weekends and holidays. This includes any tips, bonuses, or commissions that you could have earned while working. The amount of these losses is usually calculated by a forensic economist or a financial expert. The damages are simple to calculate, and can be proved with W-2 forms and paystubs. You can look at the amount of income you earned prior to your injury and the amount you earned after. It is possible to also include any vacation, sick, or personal days that you had planned on using but were unable to use due to injury. This kind of compensation could allow you to recover some of the money you lost because of your inability to work. It could even help offset future losses. However, you won't receive the full amount that you would have received if your injury had not occurred, because there could be a lien from other parties who provided treatment or medical bills. If you are a self-employed person, it may be more difficult to prove the loss of wages however, this is something that your lawyer can discuss with a financial advisor. Experts can help you estimate your future earnings based on your current earning capacity. They'll take into consideration aspects like the type of work you typically perform, the amount of hours you work every week, as well as your hourly rate. Damages to earnings that you may suffer in the future are similar to the past income loss, but they are based more on your ability to earn more money in the future than the amount you earned in the past. These damages can also be referred to as impairment of earning capacity or loss of earning potential in the future. These are typically only awarded when it is proven that the injury will substantially and permanently impact your ability to work. Another kind of compensatory damages is known as general damages and can include expenses like pain and suffering. This is a more subjective type of damages that can be difficult to quantify. This type of damage is usually given along with other types of damages, such as medical bills and lost wages. In order to be eligible for this type of damage, you must provide evidence of the physical, emotional, and mental distress that you have experienced as a result of the accident. This could include an expert report from a doctor or testimony from a psychiatrist or psychologist. Damages for future medical expenses In personal injury cases, future medical expenses can be the majority of your settlement. They are often difficult to prove and calculate. The damages are usually calculated based on the future needs. These damages may include the cost of medications, an estimate from an PT of how long the treatment will take and other variables. You will have to rely on experts such as doctors or therapists in order to prove future medical expenses. They will testify about the nature of your injury and its expected impact on you in the future. They will also assist in determining the value of these expenses. Your lawyer will then use this information to make an argument convincing on your behalf. You should also consider the loss in income that you will suffer as the result. This can include lost earnings, commissions, bonuses and benefits. Additionally, you could have to pay for an in-home care nurse or attendant, and could be entitled to reimbursement for the cost of assistive devices such as wheelchairs, walkers and canes. After an accident, many injured victims require receiving medical treatment and care. This can be very expensive. This includes therapy and physical and occupational therapies. Victims of injuries are entitled to reimbursement for these expenses and the cost of transportation and accommodation to and from their appointments. Consider other costs besides medical expenses, for example the loss of enjoyment from activities you were able to enjoy prior to your injury. This is an area of damage that is difficult to quantify, however it's still essential to document it as accurately as you can. You could seek compensation for these losses by filing an action or settling outside of court. A settlement involves negotiation with the insurance company to resolve a dispute without court. A lawsuit requires a trial and evidence that the defendant's negligence, or carelessness that caused your injury. A personal injury attorney can help you decide which path is right for your situation.