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What Is Your Personal Injury Claim Worth? You may be entitled to compensation if have been injured in an accident. A personal injury attorney can assist you in determining the value of your claim. The amount of compensation you will receive is determined by the severity of your injury as well as various other factors. Most compensation awards include economic damages, for example, reimbursement for medical treatments and the cost of future medical treatment. No-fault system The no-fault system in New York is designed to assist victims in recovering damages for their medical expenses as well as other financial losses. This system does not pay for damages that are not monetary like pain and discomfort. In order to receive the compensation that they deserve victims may need to make a claim. A skilled lawyer can assist you in the process of getting the amount you require to pay your bills and get back on your feet after an accident. official site of your personal injury claim could be determined by the severity and type of your injuries. Injury claims that result in permanent disability or disfigurement are more important than those that don't. Additionally, the extent to which your injuries have impacted your quality of life also increase the value of your claim. In order to receive full compensation for your injuries, it is important to have proof of the total amount of your medical costs and other financial losses. This includes doctor's visits, surgery, physical therapist and medications, assistive equipment and any other medical requirements. Your lawyer will be able determine this amount by reviewing your medical records and getting a prognosis from your physician. It is important to consider any income that you may 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 removing the amount you've already received from other income sources. The value of a personal injury claim is dependent on the severity of your injuries and the number injured in the accident. A personal injury lawyer can assist you understand the no fault state and fight for the compensation you deserve. No-fault insurance is mandatory in a number of states including New York. Personal injury protection (PIP) covers medical expenses and lost wages in the event of an accident. The PIP limits differ from state to state however, in general, they offer 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 a victim whole again following an accident. This can include returning them to their financial situation prior to the accident. It could also mean paying for medical costs, car repairs and compensating them for lost income. The law defines suffering and pain as a broad term that refers to physical or emotional impacts that the accident has caused on the life of a person. This includes discomfort and pain, mental anguish, diminished vigor or health, and inability to lead a normal lifestyle. These damages that are not economic can be more difficult to quantify in comparison to other damages, such as medical bills or lost wages. There are a variety of methods that can be used in order to determine the value of suffering and pain. Medical records that reveal the severity of pain experienced by a victim could be a valuable source of evidence. Witnesses from victims or family members could show how the injuries have impacted their lives. Imagine, for example you're injured and are not able to run for long distances or engage in your activities. You'll likely be able to show how these activities have affected your quality of living. You may also have photos or videos that illustrate your condition. These kinds of evidence can be extremely persuasive even if not backed up by scientific proof. There are two ways courts assess the amount of pain and suffering using the multiplier method and the per diem method. The multiplier method involves multiplying a claimant's total economic damages by a number between one and five, while the per diem method assigns a financial value to each day they've suffered from their injuries until they reach “maximum medical improvement.” These methods aren't fixed, and judges and jury members have wide discretion in determining the amount of compensation they will award. As such, 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 Loss of wages damages can make up a significant portion of a personal injury settlement. This includes all days off from work that are lost because of an accident, including weekends and holidays. This also includes bonuses, commissions and tips that could have been earned through the job. A forensic economist or other financial expert will usually calculate the amount of these losses. These damages are simple to calculate and can be proved with W-2 forms and paystubs. You can compare the amount of income before the injury to the amount you earned after. You might also be able to add any sick days, vacation days or personal time off that you had planned to take but were not able to do due to the injury. This type of compensation can help you recover some of the lost income because of your inability to work, and even compensate for any future losses. However, you will not receive the full amount that you would have received if the accident had not occurred since there's a chance that there will be a lien from the other parties who paid for treatment or medical expenses. It can be difficult to prove that you've lost wages if you are self-employed. However your lawyer can consult an expert in financial matters about this. Experts can assist you in estimating your future earnings based on your current earning capacity. They will take into consideration things like your typical work schedule, the amount of working hours per week and the hourly rate. Future losses of earnings damages are similar to past income loss but are dependent on the amount you can earn in the future, rather than what you earned previously. They could also be referred to as loss of future earning capacity or impairment of earning capacity. These are typically only granted when it can be shown that the injury will substantially and permanently limit your future ability to work. Another type of compensatory damages is referred to as general damages and may include costs such as pain and suffering. This is a more subjective type of damages that is difficult 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 show evidence of emotional, physical and mental stress that you've endured as a result the incident. This could be an expert report from 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. They are often difficult to prove and calculate. These damages are often calculated based on actuarial estimates of the future requirements of your health. These damages may also include the cost for medication, a prediction by an PT of how long the treatment will take, and other factors. To show future medical expenses, you will require expert witnesses, such as doctors and therapists. They will testify regarding the nature of your injury and the likely impact on your life. They will also help you to determine the present value of those expenses. Your lawyer will use this information to present an effective argument for you. You should also consider the loss in income that you will suffer as a result. This can include lost income, commissions, benefits and bonuses. You may also have to pay an attendant or nurse in your home or attendant, and you could be entitled to compensation for the expense of assistive devices like wheelchairs and canes. After an accident, many injured victims need to continue receiving treatment and medical attention. This can be very expensive. This includes therapy, physical and occupational therapy. Injured victims are entitled to reimbursement for these expenses in addition to the cost of transportation and accommodation to and from appointments. Be aware of other costs that go beyond medical expenses, like lost enjoyment of activities that you used to enjoy before your injury. The extent of the damage could be difficult to quantify but it's important to document your injuries as exact as you can. You may seek compensation for these damages by filing an action or settlement outside of court. A settlement involves negotiations with the defendant or insurance company to resolve 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 can help you determine which path is best for your situation.