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What Is Your Personal Injury Claim Worth? If you've been injured as a result of an accident, you may be entitled to compensation. 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 injuries and various other factors. Most compensation awards include economic damages, such as reimbursement for medical treatments and the cost of future medical treatment. No-fault system New York's no-fault system is designed to help victims recover damages from medical expenses and other financial losses. This system does not cover damages that are non-monetary such as pain or discomfort. In order to get the amount they are due victims might need to make a claim. A knowledgeable lawyer can guide you through the process of obtaining the compensation you require to pay your bills and get back on your feet after an accident. The value of your personal injury claim will be determined by the severity and type of your injuries. Injuries that cause permanent impairment or disfigurement are likely to have a higher value than those that do not. The extent to which you've been affected by your injuries may raise the value of your claim. In order to obtain full compensation for your injuries, it's essential that you keep a record of the total amount of your medical expenses and other financial losses. This includes doctor's visits, surgery, physical therapist and medications, assistive equipment and any other medical requirements. Your lawyer can calculate this number by reviewing your medical records and obtaining an opinion from your doctor. In determining the worth of your personal injury claim, it is important 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 and it stops negligent parties from reducing the amount they must pay you by removing the amount you have already received from other sources of income. If you reside in a no-fault or a tort liability state the value of your personal injury claim will be contingent 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 kind of insurance covers your medical expenses as well as lost wages if injured in an accident, regardless of the person who caused the crash. The PIP limits differ from state to state however, in general, they offer coverage of a minimum of $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 the victim whole again. This could mean restoring them to their financial position before the accident. It could also involve paying for medical expenses, car repairs and reimbursing them if they 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 person's life. This includes pain and discomfort or mental anguish, loss of vigor or health, and the inability to lead an ordinary life. These damages that are not economically based are typically more difficult to quantify than the value of other damages, such as medical bills and lost wages. There are many methods that can be used to determine the value of suffering and pain. For instance, medical records that show the extent of a person's suffering can be a valuable piece of evidence. Witnesses from victims or family members could also prove how the injuries have affected their lives. For example, imagine you suffer from an injury that prevents you from taking long runs in your spare time, or from participating in your hobbies. You'll probably be able to demonstrate how these activities have impacted your life quality. Additionally, you might have videos or photos that demonstrate your health. These kinds of evidence are very convincing, even if it is not backed up by scientific proof. There are two common ways that courts calculate the amount of pain and suffering using the multiplier method and the per diem method. The multiplier method involves multiplying amount of the claimant's damages in economic terms by one and five. The per diem method assigns a certain amount to each day of suffering and pain until the claimant has reached “maximum improvement”. These methods aren't set in stone, and judges and jury members have the freedom to decide the amount of compensation they will award. Therefore, it is crucial to know how to demonstrate your claim for pain, suffering and other damages to improve your chances of receiving an equitable settlement. Compensation for lost wages A large part of a personal injury award can be damages for lost wages. This includes time that is missed from work as a result of an accident, even holidays and weekends. This includes bonuses, commissions and tips that you would have earned during your employment. The value of these losses is usually determined by a forensic economist or other financial expert. The damages are simple to calculate, and can be proven with paystubs and W-2 forms. They can be compared to the amount of income you earned prior to your injury to demonstrate the difference. You might also be able to include any sick days, vacations, or personal leave that you planned to take but weren't able to due to the injury. This type of compensation can help you recoup some of the money that you have lost because of your inability to work. It could even help offset future losses. You will not receive your full amount of compensation if the accident hadn't happened. This is because there could be an obligation on your account from another person who paid for medical bills or treatment. It can be difficult to prove that you've lost wages if you're self-employed. However your lawyer can consult a financial expert about this. They can estimate your future earnings based upon your current earning capacity. They will take into consideration factors such as your usual work, the number of hours you work per week and your hourly wage. Future loss of earnings damages are similar to the past income loss however they are dependent on the amount you can earn in the future rather than what you actually earned before. They may also be referred to as loss of future earning capacity or impairment of earning potential. They are typically only awarded when it can be shown that the injury will significantly and permanently limit your future ability to work. Another type of compensatory damage is referred to as general damages and can include costs such as pain and suffering. This is a subjective type of damages, which can be difficult for a judge to quantify. It is often awarded in addition to the other types of damages for example medical expenses or lost wages. To be eligible for this type you must prove that you suffered physical, mental, or emotional distress due to the incident. This could include a doctor's report or a professional testimony from a psychologist or psychiatrist. Future medical expenses – Damages to be paid In personal injury lawsuits, future medical expenses can constitute a substantial part of your settlement. However, they can be difficult to calculate and prove. The damage is usually based on actuarial calculations about the future requirements of your health. Berkeley injury lawyer You Tube can also include the cost of medications, a physical therapist's estimate of how long you will require treatment, and other factors. To show future medical expenses, you'll require experts, such as doctors and therapists. These experts will testify regarding the nature of your injury, and the likely impact it will have on you in the near future. They will also assist you to determine the present worth of the expenses. Your lawyer will then use this information to make a convincing argument on your behalf. You should also consider the loss of income you'll suffer as consequence. This could include loss of wages bonuses, commissions and benefits. There may be a need to pay an attendant or a nurse at home, and you may be entitled to compensation for the cost assistive devices such as wheelchairs and canes. After an accident, many injured victims must continue receiving medical treatment and care. This can be extremely expensive. This includes therapy and physical and occupational therapies. Injured victims are entitled to reimbursement for these expenses in addition to 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, such as the loss of enjoyment of activities you enjoyed prior to your accident. This area of damage can be difficult to quantify but it is still important to document as exact as you can. You can pursue these losses in two ways either through a settlement or lawsuit. A settlement is a negotiation with the defendant or their insurance company to settle 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 help you determine the best path for your particular situation.