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What Is Your Personal Injury Claim Worth? You may be eligible for compensation if you were injured in an accident. A personal injury lawyer can assist you understand what your claim is worth. The amount of compensation you receive is contingent upon the extent of your injuries and a number of different elements. Most compensation awards include economic damages, such as reimbursement for medical expenses and compensation for future medical care. No-fault system The system of no-fault in New York is designed to assist victims to recover compensation for medical expenses and other financial losses. However, this system does not cover damages that are not monetary such as suffering and pain. In order to get the amount of compensation they deserve victims may need to bring a lawsuit. A skilled attorney can guide you through the process of obtaining the money you need to pay for your expenses after an accident, and help get you back on your feet. The value of your personal injury claim can be determined by the severity and type of your injuries. Injury claims that result in permanent disfigurement or disability are more significant than those that do not. In addition, the extent to how your injuries have affected your quality of life also boost the value of your claim. In order to obtain full compensation for your injuries, it is important to have proof of the total amount of your medical expenses and other financial losses. This includes doctor's appointments as well as physical therapy, surgery, medications, assistive equipment and any other medical requirements. Your lawyer can determine this amount by looking over your medical records, and obtaining a prognosis from your doctor. When determining the value of your personal injury claim, it is important to take into account any income from third-party sources you have received from sources other than the negligent party. This is known as collateral source and it prevents negligent parties from cutting your compensation by removing the amount you've already received from other sources of income. The value of a personal injury claim is dependent on the extent of your injuries as well as the number injured in the accident. A personal injury lawyer can help you to understand the no-fault state and fight for the compensation you deserve. No-fault insurance is a requirement in a number of states, including New York. Personal injury protection (PIP) pays 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 bills and a slender amount of coverage for lost wages. Damages for pain and suffering In personal injury cases, the aim is to make the victim whole. This could mean restoring them to their financial position before the accident. It could also mean paying medical expenses, 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 effects that the injury has caused to the person's life. This includes physical pain, mental anguish and loss of health or vigor. These damages that are not economic are usually more difficult to quantify than the monetary value of other damages, like medical bills and lost wages. However, there are a variety of methods that can be used to determine the monetary value of suffering and pain. For instance medical records that reveal the extent of a victim's suffering can be a valuable evidence. The testimony of a victim or a family member, can be a good indicator of how the injuries affected their lives. For South Bend , suppose you suffer from an injury that has prevented you from going for long runs in your spare time, or from participating in your hobbies. You'll likely be able to show how these activities have impacted your quality of living. You might also have photos or videos that show your condition. These types of proof can be very persuasive, even if it is not backed by scientific proof. There are two methods that courts calculate the amount of pain and suffering using the multiplier method and the per diem method. The multiplier method involves the process of multiplying a claimant's economic damages by a number between one and five, whereas the per diem method assigns a monetary value to each day suffers from their injuries until they reach “maximum medical improvement.” These methods are not fixed, and judges and jury members have a wide range of discretion when deciding the amount of compensation they award. Therefore, it is crucial to know how to prove your claim for suffering and pain in order to increase your chances of getting a fair settlement. Loss of wages – Damages A significant portion of a personal injury claim could be compensation for lost wages. This includes any time lost from work due an accident, and even weekends and holidays. This also includes bonuses, commissions and tips that would have been earned through the job. A forensic economist or a financial expert usually calculates the value of these losses. These damages are easy to calculate, and can be proven with W-2 and paystubs. You can examine the amount you earned prior to your injury and the amount you earned after. You may also be able to add any sick days, vacation days or personal days you had planned to take but weren't able to take due to your injury. This kind of compensation could help you recover some of the lost income due to your inability of work, or compensate for future losses. However, you may not get the full amount you would have received if the accident had not occurred since there's a chance that there will be an obligation from other parties who provided treatment or medical bills. It can be difficult to prove you've lost wages if you are self-employed. However your lawyer can consult a financial expert about this. Experts can estimate your future earnings based upon your current earning capacity. They will consider things like the kind of work you do, the number of hours you normally work during the week, and your hourly rate. Future loss of earnings damages are similar to the past income loss but are based on your ability to earn in the future rather than what you actually earned in the past. They could also be referred to as loss of future earning capacity or impairment of earning potential. These are typically only granted when it can be shown that the injury will significantly and permanently affect your ability to work. General damages are a different type of compensatory damage. They may include expenses such as pain and suffering. This is a subjective category of damages, which can be difficult for a judge to quantify. It is usually given in addition to other types of damages, such as medical expenses and lost wages. To qualify for this type you must prove that you suffered physical, mental or emotional stress due to the incident. This could include the report of a doctor or testimony from a psychologist or psychiatrist. Damages to cover future medical costs In personal injury cases, the future medical expenses can be the majority of your settlement. However they can be a challenge to determine and prove. The damages are usually calculated based on your future needs. They may also include the cost of medications or an estimate from a physical therapist of how long you'll need treatment, and other factors. In order to show future medical expenses, you will require expert witnesses including doctors and therapists. These experts will testify on the nature of your injury, and its expected impact on you in the near future. They will also aid you in determining the value of these expenses. Your lawyer will use this information to present an effective argument for you. You should also think about the loss in income that you'll be suffering as consequence. This can include lost wages as well as bonuses, commissions, and benefits. In addition, you may have to pay for a home care attendant or nurse and may be entitled to compensation for the cost of assistive devices like walkers, wheelchairs, and canes. Many injured victims require a deal of ongoing treatment and treatment following an accident which can be very expensive. This includes physical therapy, therapy and occupational treatment. Victims of injuries are entitled to reimbursement for these expenses, as well as the cost of transport and accommodation to and from appointments. Be aware of other costs that go beyond medical expenses, for example lost enjoyment of activities that you used to enjoy before your injury. 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 pursue these losses in two ways either through a settlement or lawsuit. A settlement is a bargain with the defendant or their insurance company to settle an issue outside of court. A lawsuit however, requires a trial and evidence that your injury was caused by the negligence or reckless actions. A personal injury lawyer can help you determine the best course of action for your case.