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What Is Your Personal Injury Claim Worth? You could be entitled to compensation if you have been injured in an accident. A personal injury lawyer can help to determine how much your claim is worth. The amount you receive depends on the severity of your injuries as well as a number of different factors. The majority of compensation awards cover economic damages, such as reimbursement for medical treatments and compensation for future medical care. No-fault system The no-fault system in New York is designed to assist victims to recover damages for medical expenses as well as other financial losses. However, the system does not cover damages that are not monetary such as suffering and pain. Consequently, victims may need to start a personal injury lawsuit to get the amount they are due. A knowledgeable 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 extent and nature of the injury can determine the value of your claim. Injuries that result in permanent impairment or disfigurement tend to be more valuable than those that do not. The extent to which you've been impacted by your injuries can raise the value of your claim. It is crucial to record all of your medical expenses and financial losses in order to receive the full amount of compensation. This includes doctor's appointments, surgery, physical therapist, medications, assistive equipment, and any other future medical requirements. Your lawyer will be able determine this amount by reviewing your medical records and obtaining a prognosis from your physician. It is important to consider any income that you may 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 removing the money you already received from other sources of income. The value of a personal injury claim depends on the extent of your injuries as well as the number of injured in the accident. A personal injury lawyer can help you to understand the no-fault state and fight for all the compensation you deserve. No-fault insurance is a requirement in many 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 from state to state however, most states offer coverage of at least $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 the victim whole again. This may include restoring them to the financial situation they were in before the accident, including medical bills and repair costs, compensating the loss of income and other damages that are not economic, such as pain and suffering. Southfield injury attorney defines the term “pain and suffering” as a broad category of physical or emotional impacts that the injury has caused to the life of a person. This includes pain and discomfort and mental anguish, as well as loss of energy or health, and inability to lead the normal life. These non-economic damages can be more difficult to quantify when compared to other damages such as medical bills or lost wages. There are a variety of ways to use in order to determine the monetary value for pain and suffering. For example medical records that demonstrate the severity of a victim's pain can be a valuable piece of evidence. The testimony of a victim, or a family member of the victim, could reveal how injuries impacted their lives. For instance, suppose you've suffered an injury that has prevented you from taking long runs in your spare time, or from participating in your hobbies. You'll likely be able to prove how these activities have impacted your life quality. Additionally, you might have photographs or videos that demonstrate your condition. These types of proof are very convincing even if not backed up by scientific proof. There are two ways that courts calculate pain and suffering: the multiplier method and the per diem method. The multiplier method involves multiplying the claimant's economic damages by between one and five. The per diem method assigns a certain amount for each day of pain and suffering until the claimant is at “maximum improvement”. These methods are not fixed and judges and jury members have the freedom to decide the amount of compensation they grant. It is therefore important to be aware of the best way to prove your claim for pain, suffering and other damages to improve your chances of receiving an equitable settlement. Loss of wages – Damages Damages for lost wages can be a large portion of a personal injury settlement. This includes all time missed from work as a result of an accident, and even holidays and weekends. Also, bonuses, commissions and tips that could have been earned through the job. The amount of these losses is typically determined by a forensic accountant or other financial expert. These damages are usually easy to calculate and can be established using pay stubs, W-2 forms and other records from employers. You can compare the amount of income prior to your injury and the amount you earned after. It is possible to also include any sick, vacation, or personal days that you had planned to use but were unable to take due to the injury. This type of compensation can help you recover some of the lost earnings because of your inability to work, and even compensate for future losses. You won't receive your full compensation if your injury hadn't happened. This is due to the fact that there may be a lien on your account from a different party that paid for medical bills or treatment. If you are self-employed, it can be more difficult to prove that you have lost wages, but this is something that your attorney can discuss with a financial advisor. Experts can help you estimate your future income based on your current earning capacity. They will take into account factors such as your usual work schedule, the amount of hours you work each week and your hourly wage. Future losses of earnings damages are similar to past income loss however they are dependent on the amount you can earn in the future, rather than on what you actually earned previously. These damages can also be described as impairment of earning capacity or loss of earning potential in the future. These are typically only granted when it can be shown that the injury will significantly and permanently limit your future ability to work. General damages are another type of compensatory damage. They can include expenses such as pain and suffering. This is a subjective type of damages, which is difficult for the court to quantify. This type of damage is usually awarded along with other types like medical bills and lost wages. To be eligible for this type of damages, you must provide evidence of emotional, physical, and mental distress that you have suffered as a result of the accident. This could include the report of a doctor or testimony from a psychiatrist or psychologist. Future medical expenses for damages In personal injury cases, the future medical expenses could be a significant part of your settlement. They are often difficult to prove and calculate. The damages are usually calculated based on the future requirements. They may also include the cost of medications, an estimate from a physical therapist of the length of time you'll require treatment, and many other aspects. You will need to use experts such as doctors or therapists to demonstrate future medical expenses. These experts will testify on the nature of your injury, and the impact it will have on you in the near future. They will also help you to determine the present worth of the expenses. Your lawyer will utilize the information to create an effective argument for you. It is also important to consider the loss in income that you'll be suffering as the result. This could include lost income, commissions, benefits, and bonuses. In addition, you may require a home-care attendant or nurse and may be entitled to compensation for the costs of assistive devices such as wheelchairs, walkers, and canes. Many injured victims require a great amount of ongoing medical and care after their accident, which can be extremely costly. This includes therapy, physical and occupational treatment. Injured victims are entitled to reimbursement for these expenses and the cost of transportation and accommodation for their journey to and from their appointments. Consider other costs besides medical expenses, such as lost enjoyment of activities that you used to enjoy before your injury. This is a type of damage that is harder to quantify, but it's important to record it as precisely as is possible. You can seek to recover these losses through two methods either through a settlement or lawsuit. A settlement is a deal with the defendant or their insurance company to settle a dispute outside of court. A lawsuit, on the other hand, requires a trial and proof that your accident was caused by the negligence or reckless actions. A personal injury lawyer can assist you in determining which path is best for your particular situation.