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What Is Your Personal Injury Claim Worth? You could be eligible for compensation if you have been injured in an accident. An attorney for personal injuries can help you determine the worth of your claim. The amount of compensation you receive is determined by the severity of your injury as well as various other factors. Most compensation awards will include economic damages, for example, reimbursement for medical treatments and compensation for future medical care. No-fault system The system of no-fault in New York was designed to assist victims in recovering the costs of medical expenses and other financial losses. However, this system does not cover damages that are not monetary like suffering and pain. In order to get the amount of compensation they deserve, victims may have to bring a lawsuit. A knowledgeable attorney can guide you through the process of getting the money you need to pay for your expenses following an accident, and help get you back on your feet. The value of your personal injury claim can be determined by the severity and type of your injuries. Injuries that cause permanent impairment or disfigurement tend to be more valuable than those that don't. The extent to which you've been affected by your injuries will also increase the claim value. To receive full compensation for your injuries, it is essential that you keep a record of the total amount of your medical costs and other financial losses. This includes doctor visits, surgery and physical therapy, medication, assistive devices and any other medical needs you may require in the near future. Your lawyer can calculate this amount by looking over your medical records and then obtaining a prognosis from your doctor. It is important to consider any income you may have received from third parties other than the negligent party when determining the value for your personal injury claim. This is called 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. If you are in a no fault or tort liability state the value of your personal injury claim will depend on how severe your injuries are as well as the number of people who were injured in the accident. An experienced personal injury lawyer can help you understand the no-fault system and fight for the full settlement you're entitled to. No-fault insurance is required in many states, including New York. Known as personal injury protection (PIP), this type of insurance pays for medical expenses and lost wages if you are injured in an accident, regardless of who caused the accident. PIP limits vary from state to state however, most states provide coverage of at least $2,500 for medical bills as well as a limited amount for lost wages. Damages for suffering and pain In personal injury cases, the aim is to make the victim whole again. This can include returning them to the financial situation they were in prior to the accident, covering medical bills and repair costs, and compensating the loss of income and other non-economic damages like suffering and pain. The law defines pain as a broad term that includes physical or emotional effects on the person. This includes mental anguish, physical pain and the loss of health or vigor. These non-economic damages are often more difficult to quantify than the value of other types of damages, such as medical bills and lost wages. There are many methods that can be used to help determine the value of pain and suffering. Medical records that describe the extent of pain suffered by a victim may be a powerful source of evidence. The testimony of a victim or their family members can be used to prove how the injuries have impacted their lives. For instance, suppose you've suffered an injury that prevents you from going for 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 quality of living. You may also have photos or videos that demonstrate your current condition. These kinds of evidence can be very persuasive to a jury, even if they are not backed by scientific evidence. The multiplier method and per diem method are two of the most common ways courts calculate pain and suffer. The multiplier method involves multiplying amount of the claimant's damages in economic terms by 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 fixed, and judges and jury members have wide discretion in determining the amount of compensation they grant. Therefore, it is crucial to be aware of the best way to prove your claim for suffering, pain and other damages to increase your chances of receiving an equitable settlement. Damages for lost wages Loss of wages damages can make up a significant portion of a personal injury award. This includes all of the time missed from work due to an accident including weekends and holidays. This includes tips, bonuses, or commissions that you could have earned on the job. A forensic economist or another financial expert will usually calculate the value of these losses. These damages are easy to calculate and can be proven with W-2 forms and paystubs. These can be compared to the amount of income you earned prior to your injury to determine the difference. It may be possible to include any vacation, sick or personal days you planned to take but had to forgo because of the injury. This type of compensation can help you recover some of the income loss due to your inability to work, or even pay for future losses. However, you will not receive the entire amount you would have received if the injury hadn't occurred, because there is likely to be an obligation from other parties who have paid for medical or treatment bills. If you are self-employed, it can be more difficult to prove lost wages, but this is something that your attorney can discuss with a financial expert. These experts can assist you in estimating your future earnings in relation to your current earning capacity. They will take into account aspects like the type of work you typically do, the number of hours you typically work each week, and your hourly rate. Future losses of earnings damages are similar to the past loss of income but are dependent on the amount you can earn in the future rather than what you actually earned previously. They could also be referred to as loss of future earning capacity or impairment of earning potential. They can only be granted if it is proved that the injury will last for a long time and significantly limit your ability to work in the near future. Another type of compensatory damages is referred to as general damages and may include costs such as pain and suffering. This is a subjective category of damages, which can be difficult for a judge to quantify. It is usually given in addition to other types of damages for example medical expenses or lost wages. In order to qualify for this type of damage you must show evidence of the physical, emotional and mental stress that you have suffered as a result of the incident. This could include a doctor's report or expert testimony from a psychiatrist or psychologist. Damages to cover future medical expenses In personal injury cases, future medical expenses could be a significant part of your settlement. They are often difficult to prove and determine. These damages are often calculated based on the future needs. These damages can also include the cost for medication, a prediction by a physical therapist of how long treatment will take, and other factors. You will require experts like doctors or therapists to prove future medical expenses. They will testify regarding the nature of your injury and its likely impact on your life. They will also aid you in determining the present value of these expenses. Your attorney will then utilize this information to make an argument convincing on your behalf. Another consideration is the loss of income you may experience due to your injuries. This can include lost income as well as benefits, commissions, and bonuses. Reno injury attorney may also need 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, a lot of injured victims require receiving medical treatment and care. This can be very expensive. This includes therapy, physical and occupational therapy. Victims of injuries are entitled to reimbursement for these expenses, as well as the cost of transportation and accommodation to and from their appointments. It's also important to take into consideration the non-medical expenses that may be associated with your accident, like the loss of enjoyment from activities you were enjoying prior to your injury. The extent of the damage could be difficult to quantify but it is still important to document your injuries as exact as you can. You can seek compensation for these damages by filing an action or settlement outside of court. A settlement involves negotiation with the insurance company to resolve a dispute outside of the courtroom. A lawsuit, on the other hand, requires a trial and evidence that your injury was caused by the defendant's negligence or reckless actions. An attorney for personal injury can help you determine which path is right for your situation.