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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 assist you understand what your claim is worth. The amount of compensation you get is determined by the severity of your injuries and several other factors. Most compensation awards include economic damages, for example, reimbursement for medical treatment and reimbursement for future medical treatment. No-fault system The system of no-fault in New York is designed to assist victims in recovering damages for medical expenses as well as other financial losses. This system doesn't cover damages that are non-monetary like pain and discomfort. Consequently, victims may need to start a personal injury lawsuit to obtain the amount they are due. A knowledgeable lawyer can assist you in the process of obtaining the money you require to pay your bills and get back on track after an accident. The value of your personal injury claim will be determined by the severity and type of your injuries. Injuries that cause permanent impairment or disfigurement are likely to have a higher value than those that don't. The extent to which you've been affected by your injuries will also increase the value of your claim. It is important that you document all of your medical expenses and financial losses to receive a full reimbursement. This includes doctor's visits as well as physical therapy, surgery, medications, assistive equipment and any other medical needs. Your lawyer can calculate this amount by reviewing your medical records, and obtaining a prognosis from your doctor. It is crucial to take into consideration any income you may have received from third parties other than the responsible party when determining the amount for your personal injury claim. This is called the collateral source rule and it prevents the negligent parties from cutting the amount they have to pay you by removing money you have already received from other sources of income. Whether you live in a no-fault or tort liability state the value of your personal injury claim will be contingent on how serious your injuries are and the number of people who were injured in the accident. A reputable personal injury lawyer can help you understand the no-fault system and fight for the maximum amount of settlement you're entitled to. No-fault insurance is a requirement in a number of states, including New York. Personal injury protection (PIP) covers medical bills 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 as well as a limited amount for lost wages. Damages for pain and suffering In personal injury cases, the goal is to make a victim whole again after an accident. This may include returning them to their financial position before the accident. It could also involve paying medical bills, car repair costs and compensating them if they lost income. The law defines the term “pain and suffering” as a broad category of emotional or physical effects the injury has had on the life of a person. This includes mental anguish, physical pain and the loss of health or vigor. These damages that are not economic are usually more difficult to quantify than the monetary value of other damages, such as medical bills and lost wages. There are many methods that can be used to determine the monetary value of suffering and pain. For example medical records that demonstrate the extent of a victim's pain can be a valuable piece of evidence. Witnesses from victims or their family members can also prove how the injuries have affected their lives. Imagine, for example you're injured and are unable to run long distances or take part in your favorite activities. You'd probably be able show how these activities have impacted your quality of living. In addition, you may have videos or photos which prove your situation. These types of proof are very convincing even if not supported by scientific evidence. There are two methods that courts determine the amount of pain and suffering: the multiplier method and the per diem method. The multiplier method is based on multiplying the 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 methods are not fixed in the stone of law, and judges and juries have a wide range of discretion when deciding to award this type of compensation. It is therefore crucial to understand how to prove your claim for suffering, pain and other damages to increase your chances of receiving an equitable settlement. Loss of wages – Damages A large portion of a personal injury claim can be damages for lost wages. This includes all of the days off from work that are lost due to an accident including holidays and weekends. It also includes bonuses, commissions and tips that would have been earned through the job. The amount of these losses is usually calculated by a forensic economist or another financial expert. These damages are easy to calculate and can be proved using W-2 forms and paystubs. You can examine the amount you earned before the injury to the amount you made after. You might also be able to add any sick days, vacation days or personal days you had planned to take but were unable to do due to the injury. This kind of compensation could allow you to recover some of the money you've lost due to your inability to work. It could even help offset future losses. However, you may not get the full amount you would have received had your injury hadn't occurred, because there could be an obligation from other parties who paid for treatment or medical expenses. It isn't easy to prove you've lost wages if you are self-employed. However your lawyer can talk to an expert in finance on this. They can assist you in estimating your future earnings by analyzing your current earnings capacity. They will consider aspects like the type of work you typically do, the number of hours you work every week, as well as your hourly rate. Future loss of earnings damages are similar to the past income loss but they are determined by your capacity to earn in the future rather than on what you actually earned in the past. These damages are also described as impairment of earning capacity or loss of future earning potential. These are only granted if it is proved that the injury will be permanent and severely limit your capacity to work in the future. Another type of compensatory damages 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 the judge to quantify. It is usually granted in addition to other types of damages, like medical expenses and lost wages. To be eligible for this type of damage you must prove evidence of the physical, emotional and mental distress you've endured as a result the accident. This could be a doctor's report or a professional testimony from a psychologist or psychiatrist. Damages for future medical expenses In personal injury lawsuits, the future medical expenses can constitute an important portion of your settlement. However they can be difficult to calculate and prove. The damages are usually calculated based on your future requirements. These damages may also include the cost for medications, an estimate from physical therapists of how long treatment will take, and other factors. To show future medical expenses, you'll require experts in the field, such as doctors and therapists. Fayetteville injury lawyers will testify regarding the nature of your injury and its likely impact on your life. They will also assist you in determining the present value of these expenses. Your lawyer will use this information to present an effective argument on your behalf. Another thing to consider is the loss of income you will experience due to your injuries. This can include lost income as well as benefits, commissions, and bonuses. You may also have to pay an attendant or a nurse at home or attendant, and you could be entitled compensation for the expense of assistive devices like wheelchairs and canes. Many injured victims require a great deal of ongoing treatment and treatment following an accident which can be very costly. This includes therapy, physical and occupational treatment. These costs, including transport and accommodation costs to and from appointments, are covered by compensation for injured victims. Be aware of other costs that go beyond medical expenses, such as the loss of enjoyment in activities you used to enjoy before your injury. The extent of the damage could be difficult to quantify, but it's still essential to document your injuries as precisely as you can. You can seek to recover the losses through two methods one of which is a settlement or lawsuit. A settlement is a negotiation with the defendant or their insurance company to settle a dispute outside of court. A lawsuit, on the other hand is a trial, and proof that your injury was caused by the negligence or reckless actions. A personal injury attorney can help you determine which path is right for your particular situation.