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What Is Your Personal Injury Claim Worth? If you've been injured in an accident, you may be entitled to compensation. A personal injury lawyer can help determine what your claim is worth. The amount of compensation you receive depends on the severity of your injuries as well as several other elements. Most compensation awards will include economic damages, like reimbursement for medical treatment as well as compensation for future medical care. No-fault system The system of no-fault in New York is designed to assist victims to recover damages for their medical expenses and other financial losses. The system does not cover non-monetary damages, such as pain and discomfort. To receive the amount they are due, victims may have to make a claim. An experienced lawyer can assist you in the process of obtaining the money you need to pay your bills and get back on your feet after an accident. The degree and severity of the injury can determine the value of your claim. Injuries that result in permanent impairment or disfigurement tend to be worth more than those that do not. Additionally, the extent to how your injuries have affected your quality of life add value to your claim. To receive full compensation for your injuries, it's crucial that you have documentation of the total amount of your medical costs and other financial losses. This includes doctor's appointments and surgeries, physical therapists as well as assistive equipment, medications and any other medical requirements. Your lawyer can determine this amount by looking over your medical records and obtaining a prognosis from your doctor. In determining the value of your personal injury claim, it is essential to consider any income sources from third parties you have received from sources other than the negligent party. This is known as the collateral source rule. it prevents negligent parties from reducing the amount they must pay you by subtracting the amount you have already received from other sources of income. 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 personal injury lawyer can assist you understand the no-fault state and fight for the compensation you deserve. In a number of states, like New York, no-fault insurance coverage is required. Also known as personal injury protection (PIP) This type of coverage pays for medical expenses and lost wages if you are injured in an accident, regardless of the person who is responsible for the crash. PIP limits vary state-to-state, but most provide at least $2,500 of coverage for medical bills and a small amount of insurance for lost wages. Damages for pain and suffering In personal injury cases, the aim is to make the victim whole. This may include returning them to their financial standing prior to the accident. It could also include paying for medical expenses, car repairs 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 caused to the person's life. This includes pain and discomfort and mental anguish, as well as loss of vigor or health, and inability to enjoy a normal lifestyle. These non-economic damages are often more difficult to quantify than the monetary value of other types of damages, like medical bills and lost wages. There are several methods to be utilized in order to determine the value of suffering and pain. Medical records that detail the severity of pain experienced by a victim can be a powerful source of evidence. The testimony of a victim, or a family member of the victim, could also show how the injuries affected their lives. Imagine, for instance, that you suffer from an injury that prevents you from doing long runs in your spare time, or from engaging in your favorite hobbies. You'd probably be able show how these activities have affected your standard of life. In addition, you could have photographs or videos that demonstrate your situation. These kinds of evidence can be very persuasive, even if it is not supported by scientific evidence. The multiplier method as well as the per diem method are two of the most commonly used methods courts use to evaluate pain and suffering. The multiplier method is based on multiplying the claimant's economic damages by between one and five. The per diem method assigns an amount to each day of suffering and pain until the claimant has reached “maximum improvement”. These methods are not established in stone, and judges and juries have wide discretion when awarding this kind of compensation. This is why it's essential to know how to establish your claim for suffering and pain to increase your chances of receiving an equitable settlement. Compensation for lost wages Loss of wages damages can be a significant part of a personal injury award. This includes all time that you are unable to work because of an accident, including holidays and weekends. This also includes commissions, bonuses and tips that could have been earned from the job. The amount of these losses is typically determined by a forensic economist or other financial expert. These damages are usually simple to calculate and can be proved with pay stubs, W-2 forms and other employer records. These can be compared to the amount of money you made prior to your injury to demonstrate the difference. You may also be able to include any sick days, vacations or personal time off that you planned to take but were unable to take due to your injury. This kind of compensation could allow you to recover some of the money you lost because of your inability to work and could even cover future losses. However, you may not receive the entire amount you would have received if the injury had not occurred, because there could 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're self-employed. However your lawyer can talk to an expert in finance on this. Experts can estimate your future earnings based on your present earning capacity. They will take into account things like the kind of work you typically perform, the amount of hours you normally work each week, and your hourly rate. Future loss of earning damages are similar to income loss, however they are based on your ability to make more money in the near future than what you earned in the past. These damages can also be referred to as impairment of earning capacity or loss of earning potential in the future. They can only be awarded if it can be proven that the injury will permanently and significantly limit your ability to work in the near future. Another type of compensatory damages is known as general damages. These damages can include expenses such as pain and suffering. This is a subjective category of damages, which can be difficult for the court to quantify. This type of damage is often given along with other types of damages like medical bills and lost wages. In order to qualify for this type of damage you must show evidence of emotional, physical and mental stress that you have endured as a result the accident. This can include a doctor’s report or an expert's testimony from a psychiatrist or psychologist. Damages to cover future medical costs In personal injury cases, the future medical expenses can be an important portion of your settlement. They are difficult to prove and determine. These damages are often calculated based on actuarial estimates of your future needs. These damages may include the cost of medication, an estimate by an PT of how long treatment will take, and other factors. You will have to rely on experts such as doctors or therapists to demonstrate future medical expenses. These experts will testify about the nature of your injury and the expected impact on your future life. They will also aid you in determining the value of these expenses. Your lawyer will utilize the information to create an effective argument on your behalf. It is also important to consider the loss of income you'll suffer as consequence. This can include lost wages bonuses, commissions, and benefits. In addition, you may require a home care attendant or nurse and may be entitled to reimbursement for the cost of assistive devices like wheelchairs, walkers, and canes. After an accident, many injured victims require receiving treatment and care. San Marcos injury lawsuit can be very expensive. This includes physical therapy, therapy and occupational treatment. These costs, including the cost of transportation and accommodation for travel to appointments and back, are covered by the compensation provided to injured victims. 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 before your accident. This is a type of damage that is more difficult to quantify, but it's important to record it as accurately as you can. You could seek compensation for these losses by filing an action or settlement out of court. A settlement involves negotiating with the defendant or insurance company to resolve a dispute outside of court. A lawsuit requires a trial and proof that the defendant's negligence or carelessness caused your injury. A personal injury lawyer will assist you in determining the best course of action for your particular situation.