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What Is Your Personal Injury Claim Worth? You could be entitled to compensation if were injured in an accident. A personal injury attorney can help you determine the value of your claim. The amount of compensation you receive will depend on the severity of your injuries and several other aspects. Most compensation awards will include economic damages, such as reimbursement for medical treatment as well as reimbursement for future medical treatment. No-fault system The system of no-fault in New York is designed to help victims recover damages for medical expenses and other financial losses. However, the system does not cover damages that are not monetary such as pain and suffering. Thus, victims might need to make a personal injury claim to get the compensation they deserve. A skilled attorney can help you navigate the process of getting the money you need to pay your bills and get back on track after an accident. The value of your personal injury claim could be determined by the severity and nature of your injuries. Injury claims that result in permanent disability or disfigurement are more important than those that don't. In addition the extent to which your injuries have impacted your quality of life will also increase the value of your claim. It is important that you document all of your medical expenses and financial losses to receive full compensation. This includes doctor visits, surgery, physical therapy, medications, assistive devices and any other medical requirements you may require in the future. Your lawyer can estimate this amount by reviewing your medical records and obtaining a prognosis from your doctor. It is important to consider any income you might have received from other sources other than the negligent party when determining the value for your personal injury claim. This is known as the collateral source rule and it prevents negligent parties from cutting the amount they have to pay you by subtracting the amount you have already received from other sources of income. If you reside in a no fault or tort liability state, the value of your personal injury claim will be contingent on how severe your injuries are and the number of people who were injured in the accident. An experienced personal injury lawyer can help you understand the no-fault system and help you fight to get the full amount of compensation you are entitled to. No-fault insurance is a requirement in a number of states including New York. Personal injury protection (PIP) pays for medical expenses and lost wages in the event of an accident. The PIP limits differ between states, but in most cases they offer coverage of a minimum of $2,500 for medical bills and a small amount for lost wages. Compensations for pain and suffering In personal injury cases, the goal is to make a victim whole again following an accident. This may include returning them to their financial standing prior to the accident. It could also involve paying medical bills, car repair costs and compensating them if they lost income. The law defines 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 the loss of health or vigor. These damages that are not economic can be more difficult to quantify compared to other damages such as medical bills or lost wages. There are many methods that can be used to determine the monetary value of pain and suffering. For instance, medical records that show the severity of a victim's suffering can be a valuable evidence. The testimony of a victim, or a family member of the victim, could be a good indicator of how the injuries affected their lives. Imagine, for example you're injured and are not able to go on long runs or take part in your favorite activities. You'll likely be able to prove how these activities have affected your life quality. You might also have photographs or videos that illustrate your current condition. These kinds of evidence can be extremely persuasive to a jury even if they're not backed by scientific proof. There are two methods courts assess 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 figure between one and five, whereas the per diem method assigns a monetary value to each day they've suffered from their injuries until they reach “maximum medical improvement.” These methods aren't set in stone and judges and jury members have a wide range of discretion when deciding the amount of compensation they grant. It is therefore important to understand how to prove your claim for pain, suffering and other damages, to increase your chances of receiving a fair settlement. Compensation for lost wages A large part of a personal injury award can be damages for lost wages. This includes all time that you are absent from work due to an accident, including weekends and holidays. Also, commissions, bonuses and tips that would have been earned from the job. The value of these losses is typically determined by a forensic accountant or other financial expert. These damages are simple to calculate, and can be proved using W-2 forms and paystubs. You can compare the amount of income before the injury to the amount you made after. You might also be able include any vacations, sick days or personal time off that you planned to take but weren't able to due to the injury. This type of compensation may help you recover some of the lost income due to your inability to work, or even pay for future losses. However, you may not receive the full amount that you would have received if the injury had not occurred, since there's a chance that there will be a lien from other parties who have paid for medical or treatment expenses. If you are self-employed, it could be more difficult to prove that you have lost wages However, this is a matter which your attorney can discuss with a financial advisor. Experts can estimate your future earnings based on your present earning capacity. They'll take into consideration aspects like the type of work you usually perform, the amount of hours you work during the week, and your hourly rate. Future losses of earnings damages are similar to past income loss but they are determined by your capacity to earn in the near future rather than on what you actually earned before. These damages are also called impairment of earning capacity or loss of earning potential in the future. They are only granted if it is established that the injury will be permanent and severely limit your capacity to work in the near future. Another type of compensatory damages is referred to as general damages and can include expenses like pain and suffering. This is a subjective type of damages, which can be difficult for a judge to quantify. It is often granted in addition to other types of damages like medical expenses and lost wages. To be eligible for this type of award, you must show that you experienced physical, mental or emotional stress as a result. This could include a doctor's report or an expert testimony from a psychiatrist or psychologist. Damages to cover future medical costs In personal injury lawsuits, the future medical expenses can be a substantial part of the settlement. However they can be difficult to calculate and prove. These damages are often determined by actuarial calculations of your future needs. These damages may also include the cost of medication, an estimate by an PT of how long the treatment will take as well as other factors. You will require expert witnesses such as doctors or therapists to demonstrate future medical expenses. These experts will testify about the nature of your injury and its expected impact on your future life. They will also assist you to determine the present value of those expenses. Your attorney will then utilize this information to make an argument that is convincing on your behalf. It is also important to consider the income loss that you'll suffer as a result. This could include loss of wages bonuses, commissions, and benefits. There may be a need to pay an attendant or nurse in your home, and you may be entitled to compensation for expense of assistive devices like wheelchairs and canes. After an accident, many injured victims must continue receiving treatment and care. This can be extremely expensive. Norwalk injury attorney includes physical therapy, and occupational treatments. Victims of injuries are entitled to compensation for these expenses, as well as the cost of transport and accommodation to and from appointments. It's also important to take into consideration other costs that are not medically related to the accident, for instance the loss of enjoyment from activities you enjoyed prior to your accident. This type of damage can be difficult to quantify but it's important to document as precisely as you can. You may seek compensation for these losses by filing an action or settling outside of court. A settlement is a negotiation with the defendant or their insurance company to settle the issue outside of court. A lawsuit requires a trial, and proof that the defendant's negligence, or carelessness caused your injury. An attorney who specializes in personal injury cases can help you decide the best path for your particular situation.