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What Is Your Personal Injury Claim Worth? If you've suffered injuries in an accident, you could be entitled to compensation. A personal injury lawyer can assist you to determine how much your claim is worth. The amount of compensation you receive is determined by the severity of your injury as well as several other factors. The majority of compensation awards cover economic damages, like reimbursement for medical treatments and reimbursement 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 as well as other financial losses. The system does not cover non-monetary damages like pain and discomfort. Therefore, victims may have to file a personal injury lawsuit to get the compensation they deserve. A skilled lawyer can guide you through the process of getting the compensation you need to pay your bills and get back on your feet after an accident. The extent and nature of the injury will determine the value of your claim. Injuries that cause permanent impairment or disfigurement tend to be worth more than those that do not. The extent to which you have been affected by your injuries 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 visits and surgeries, physical therapists, medications, assistive equipment and any other medical needs. Your lawyer can calculate the amount by examining your medical records and getting a prognosis form your doctor. It is important to consider any income that you may have received from a third party other than the responsible party when determining the value for your personal injury claim. This rule is known as the collateral source, and it prevents negligent parties from making their compensation less by subtracting the compensation you've already received from other income sources. If you are in a no fault or tort liability state the value of your personal injury claim will depend on how serious your injuries are and how many people were injured in the accident. A strong personal injury attorney can assist you in understanding the no-fault system and fight to get the full amount of amount of compensation you are entitled to. In many states, like New York, no-fault insurance coverage is required. Personal injury protection (PIP) covers medical expenses and lost wages in the event of an accident. PIP limits vary by state but the majority provide at least $2,500 of coverage for medical bills and a small amount of coverage for lost wages. Damages for suffering and pain In personal injury cases, the aim is to make a victim whole again after an accident. This may include restoring them to the financial situation they were in prior to the accident, assisting with medical expenses and car repair costs, compensating them for lost income, and other non-economic damages such as pain and suffering. The law defines pain and suffering as a broad category of physical or emotional effects that the accident has caused on the life of a person. This includes pain and discomfort and mental anguish, as well as loss of vigor or health, as well as the inability to enjoy the normal life. These non-economic damages are more difficult to quantify compared to other damages such as medical bills or lost wages. There are several methods that can be used in order to determine the monetary value of pain and suffering. Medical records that describe the extent of pain suffered by a victim may be a valuable source of evidence. The testimony of a victim or their family members can show how the injuries have affected their lives. Imagine, for example, that you are injured and unable to go on long runs or engage in your activities. You'll likely be able to show how these activities have affected your quality of living. In addition, you may have videos or photos which prove your situation. These types of evidence could be very persuasive to a jury even if they're not backed by scientific evidence. There are two common ways courts assess the amount of pain and suffering: the multiplier method and the per diem method. The multiplier method involves multiplying claimant's economic damages by between one and five. The per diem method allocates a specific amount for each day of pain and suffering until the claimant is at “maximum improvement”. These procedures aren't set in the stone of law, and judges and juries are free to decide on this kind of compensation. Therefore, it is essential to know how to establish your claim for suffering and pain in order to increase your chances of getting an equitable settlement. Damages for lost wages A significant portion of a personal injury award can be damages for lost wages. This includes all days off from work that are lost due to an accident, including holidays and weekends. San Angelo injury lawsuit includes bonuses, commissions, and tips that would have been earned through the job. The amount of these losses is usually determined by a forensic accountant or a financial expert. These damages are usually simple to calculate and can be established using W-2 forms, paystubs, and other employer records. You can compare the amount of income before the injury to the amount you earned after. It may be possible to include any sick, vacation or personal days you had planned on using but were unable to use due to the injury. This kind of compensation could help you recoup some of the money that you have lost because of your inability to work. It may even make up for future losses. You will not receive full compensation if the injury hadn't happened. This is because there may be an obligation on your account from another party who paid for medical bills or treatments. If you are self-employed, it could be more difficult to prove lost wages however, this is something that your attorney can discuss with a financial advisor. These experts can assist you in estimating your future income by analyzing your current earnings capacity. They will take into consideration things like your typical work schedule, the amount of hours you work each week and the hourly rate. Future loss of earnings damages are similar to the past income loss, however they are based on your ability to earn in the near future rather than what you actually earned in the past. These damages can also be described as impairment of earning capacity or loss of future earning potential. These are only awarded if it can be proved that the injury will permanently and significantly hinder your ability to work in the future. Another kind of compensatory damages is known as general damages and can include expenses like pain and suffering. This is a more subjective category of damages that is difficult to quantify. This type of damage is often awarded along with other types, such as medical bills and lost wages. In order to be eligible for this type of damages you must prove evidence of physical, emotional and mental distress you have experienced as a result of the accident. This may include an expert report from a doctor or testimony from a psychiatrist or psychologist. Future medical expenses – Damages to be paid In personal injury cases, future medical expenses could be an important portion of your settlement. They can be difficult to prove and calculate. The damages are usually determined based on your future requirements. They can also include the cost of medication or a physical therapist's estimate of how long you will require treatment, and a variety of other aspects. In order to prove future medical expenses, you'll require expert witnesses including doctors and therapists. They will testify regarding the nature of your injury and the expected impact on your future life. They will also help you to determine the present value of those expenses. Your attorney will then use the information to create an argument convincing on your behalf. Another thing to consider is the loss of income that you could face due to your injuries. This could include lost income, commissions, benefits, and bonuses. There may be a need to pay a home-care nurse or attendant, and you may be entitled to compensation for the cost assistive devices such as wheelchairs and canes. After an accident, many injured victims must continue receiving treatment and care. This can be very expensive. This includes physical therapy, therapy and occupational therapy. These expenses, including transport and accommodation costs to and from appointments are covered by compensation for injured victims. Think about other costs in addition to medical expenses, such as the loss of enjoyment from activities you used to enjoy before your injury. The extent of the damage could be difficult to quantify, however it is still important to document your injuries as accurately as you can. You can seek to recover the losses in two ways one of which is a settlement or lawsuit. A settlement is negotiations with the defendant or insurance company to settle a dispute outside of court. A lawsuit on the other hand, requires a trial and evidence that your injury was the result of the defendant's negligence or reckless actions. A personal injury lawyer will help you determine the best path for your particular situation.