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What Is Your Personal Injury Claim Worth? You may be eligible for compensation if you were injured in an accident. A personal injury attorney can assist you in determining the worth of your claim. The amount of compensation you receive will depend on the severity of your injuries and several other factors. Most compensation awards include economic damages, like reimbursement for medical treatment as well as reimbursement for future medical treatment. No-fault system The no-fault system in New York is designed to assist victims in recovering damages for medical expenses as well as other financial losses. This system does not cover damages that are non-monetary such as pain or discomfort. Therefore, victims may have to start a personal injury lawsuit in order to receive the amount they are due. A knowledgeable attorney can guide you through the process of getting compensation to cover your expenses following an accident, and help get you back on your feet. The degree and severity of the injury will determine the value of your claim. Injury claims that result in permanent disability or disfigurement are more important than those that don't. In addition the degree to how your injuries have affected your quality of life will also increase the value of your claim. It is crucial to record all of your medical expenses and financial losses to receive the full amount of compensation. This includes doctor visits, surgery physical therapy, medications as well as assistive devices and any other medical requirements you will require in the future. Your lawyer can calculate this amount by reviewing your medical records and obtaining a prognosis from your doctor. It is important to consider any income you may have received from a third party other than the responsible party when determining the value for your personal injury claim. This is known as collateral source and it prevents negligent parties from making their compensation less by subtracting the money you've already received from other income sources. Whether you live in a no-fault or a tort liability state the value of your personal injury claim will depend on how serious your injuries are as well as how many people were injured in the accident. A reputable personal injury lawyer can assist you in understanding the no-fault system, and fight for the maximum amount of compensation you are entitled to. In many states, such as New York, no-fault insurance coverage is mandatory. Personal injury protection (PIP) pays for medical expenses and lost wages in the event of an accident. PIP limits vary state-to-state but the majority offer at least $2,500 in insurance for medical bills, and a small amount of insurance for lost wages. Compensations for pain and suffering In personal injury cases, the aim is to make the victim whole again. This may include restoring them to the financial position they were in prior to the accident, covering medical bills and repair costs, as well as compensating them for lost income, and other non-economic damages such as suffering and pain. The law defines 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 mental anguish, physical pain and loss of vitality or health. These non-economic damages are often more difficult to quantify than the monetary value of other types of damages, such as medical bills and lost wages. However, there are a variety of methods that can be used to determine the value of suffering and pain. Medical records that detail the amount of pain endured 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've suffered an injury that prevents you from going for long runs in your spare time, or from participating in your hobbies. You'll probably be able to demonstrate how these activities have affected your quality of living. You may also have photos or videos that demonstrate your current condition. These types of evidence can be extremely convincing to jurors, even if they are not supported by scientific evidence. There are two common ways that courts calculate the amount of pain and suffering using the multiplier method as well as the per diem method. The multiplier method involves multiplying claimant's economic damages by between one and five. The per diem method assigns an amount for each day of suffering and pain until the claimant is at “maximum improvement”. These methods are not fixed as judges and jury members have wide discretion in determining the amount of compensation they award. It is therefore crucial to be aware of the best way to prove your claim for suffering, pain and other damages to improve your chances of receiving a fair settlement. Damages for loss of wages Loss of wages damages can be a large portion of a personal injury settlement. This includes any time missed from work as a result of an accident, and even holidays and weekends. It also includes bonuses, commissions and tips that could have been earned through the job. The amount of these losses is typically calculated by a forensic economist or other financial expert. These damages are easy to calculate and can be proven with paystubs and W-2 forms. These can be compared to the amount of income you earned prior to your injury to show the difference. You might also be able to include any vacations, sick days, or personal leave that you planned to take but were unable to take due to your injury. This type of compensation may allow you to recover some of the lost earnings due to your inability to work, and even compensate for future losses. However, you will not receive the entire amount you would have received if the injury had not occurred, since there's a chance that there will be an obligation from other parties who provided treatment or medical bills. It isn't easy to prove that you've lost wages when you are self-employed. However, your attorney can consult an expert in financial matters about this. These experts 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 working hours per week, and your hourly wage. Damages to earnings that you may suffer in the future are similar to past income loss, however they are based on your ability to earn money in the future than what you earned in the past. These damages can also be described as impairment of earning capacity or loss of future earning potential. They are only awarded if it can be proven that the injury will be permanent and significantly hinder your ability to work in the future. General damages are another type of compensatory damage. They can be a result of costs like suffering and pain. Greensboro injury lawsuits is a more subjective class of damages that are difficult to quantify. This kind of damage is usually granted along with other types like medical bills and lost wages. In order to be eligible for this type of damages, you must provide evidence of the physical, emotional and mental distress you've suffered as a result of the accident. This could include a doctor's report or an expert testimony from a psychiatrist or psychologist. Future medical expenses for damages In personal injury lawsuits, the future medical expenses can be a substantial part of your settlement. They are difficult to prove and calculate. These damages are often calculated based on the future needs. They can also include the cost of medication and a physical therapist's estimate of how long you will require treatment, and a variety of other factors. In order to show future medical expenses, you will require experts like doctors and therapists. These experts will testify about the nature of your injury and the expected impact on your future life. They will also assist in determining the present value of these expenses. Your attorney will then utilize the information to create an argument that is convincing on your behalf. You should also think about the loss in income that you will suffer as the result. This could include lost earnings bonuses, commissions and benefits. You may also need to pay an attendant or nurse in your home as well as be entitled to compensation for the costs of assistive devices, such as canes and wheelchairs. Many injured victims require a great deal of ongoing treatment and care following their accident which can be very expensive. This includes therapy, physical and occupational treatment. The injured victims are entitled to reimbursement for these expenses in addition to the cost of transportation and accommodation for their journey to and from their appointments. It's also important to consider the non-medical expenses that may be associated with the accident, for instance the loss of enjoyment from activities you enjoyed before your injury. The extent of the damage could be difficult to quantify, however it is still important to record as accurately as you can. You can pursue these losses through two methods one of which is a settlement or lawsuit. A settlement is negotiations with the defendant or insurance company to settle a dispute outside of court. A lawsuit requires a trial and proof that the defendant's negligence, or carelessness that caused your injury. An attorney who specializes in personal injury cases can help you decide which option is best for your case.