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What Is Your Personal Injury Claim Worth? If you've suffered injuries 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 will depend on the extent of your injuries and a number of different factors. Most compensation awards will include economic damages, for example, 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 to recover damages for medical expenses and other financial losses. However, the system does not cover damages that are not monetary such as pain and suffering. To receive the compensation that they deserve victims might need to file a lawsuit. A knowledgeable lawyer can guide you through the process of obtaining the amount you require to pay your bills and get back on track after an accident. The value of your personal injury claim could be determined by the severity and nature of your injuries. Injuries that cause permanent disfigurement or disability are more important than those that don't. The extent to which you've been affected by your injuries may raise the value of your claim. In order to obtain the full amount of compensation you deserve for your injuries, it is important to have proof of the total amount of your medical expenses and other financial losses. This includes doctor visits, surgery and physical therapy, medication, assistive devices and any other medical treatment you may require in the near future. Your lawyer can estimate 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 important to take into account any third-party sources of income you have received from sources other than the negligent party. This is known as the collateral source rule and it prevents negligent parties from cutting the amount they have to pay you by subtracting the amount you have already received from other sources of income. Whether you live in a no fault or tort liability state, the value of your personal injury claim will be contingent on how severe your injuries are as well as how many people were injured in the accident. An experienced personal injury lawyer can help you understand the no-fault system and fight for the maximum amount of compensation you are entitled to. No-fault insurance is mandatory in a number of states, including New York. Personal injury protection (PIP) covers medical expenses and lost wages in the event of an accident. PIP limits vary from state to state, but in most cases they offer coverage of a minimum of $2,500 for medical expenses and a small amount for lost wages. Damages for pain and suffering In personal injury cases the aim is to make the victim whole. This could mean getting them back to their financial situation prior to the accident. It could also include paying for medical costs, car repairs and compensating them for lost income. The law defines pain as a broad category that encompasses emotional or physical effects on an individual. This includes mental anguish, physical pain and the loss of vitality or health. These damages that are not economically based are typically more difficult to quantify than the monetary value of other damages, such as medical bills and lost wages. There are many methods to be utilized in order to determine the value for suffering and pain. For example, medical records that show the extent of a victim's pain can be a valuable piece of evidence. The testimony of a victim or a family member, can also show how the injuries affected their lives. For instance, suppose you've suffered an injury that prevents you from taking long runs in your spare time or from engaging in your favorite hobbies. Chula Vista injury attorneys 'll probably be able to demonstrate how these activities have affected your quality of living. You may also have photos or videos that show your current condition. These kinds of evidence can be extremely persuasive, even if it is not backed up by scientific proof. There are two methods courts assess pain and suffering using the multiplier method as well as the per diem method. The multiplier method involves multiplying a claimant's total economic damages by a figure between one and five, while the per diem method assigns a financial value to every day that they've suffered from their injuries until they reach “maximum medical improvement.” These methods are not fixed, and jurors and judges have a wide range of discretion when deciding the amount of compensation they grant. It is therefore important to understand how to prove your claim for suffering, pain and other damages to improve your chances of receiving an equitable settlement. Damages for loss of wages Loss of wages damages can be a significant part of a personal injury settlement. This includes any time lost from work due an accident, even holidays and weekends. It also includes bonuses, commissions, and tips that would have been earned from the job. A forensic economist or other financial expert will typically calculate the value of these losses. These damages are easy to calculate and can be proved using W-2 forms and paystubs. You can look at the amount of income you earned prior to your injury and the amount you earned after. It could be possible to also include any vacation, sick, or personal days that you had planned on using but were unable to use due to injury. This kind of compensation could allow you to recover some of the lost income due to your inability to work, or even pay for future losses. However, you will not get the full amount you would have received if your injury hadn't occurred, because there could be a lien from the other parties who have paid for medical or treatment bills. If you are self-employed, it could be more difficult to prove that you have lost wages, but this is something that your attorney can discuss with a financial professional. These experts can estimate your future earnings based upon your current earning capacity. They will consider factors such as your usual work schedule, the amount of hours you work per week and your hourly wage. Future losses of earnings damages are similar to the past income loss, but they are based on your capacity to earn more money in the near future than the amount you earned in the past. These damages can also be referred to as impairment of earning capacity or loss of future earning potential. These are only awarded if it can be proved that the injury will last for a long time and significantly limit your ability to work in the future. General damages are a different type of compensatory damage. They may include costs like pain and suffering. This is a subjective type of damages, which can be difficult for the judge to quantify. This kind of damage is often given along with other types of damages, such as medical bills and lost wages. In order to qualify for this kind of compensation you must prove evidence of the physical, emotional and mental distress you have endured as a result the incident. This could be an expert report from a doctor or testimony from a psychologist or psychiatrist. Damages for future medical expenses In personal injury cases, the future medical expenses can be the majority of your settlement. They can be difficult to prove and determine. These damages are typically determined based on your future requirements. These damages could also include the cost of medication, a prediction by an PT of how long the treatment will take as well as other factors. In order to prove future medical expenses, you'll need to work with expert witnesses like 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 in determining the value of these expenses. Your lawyer will then use this information to make an argument that is convincing on your behalf. It is also important to consider the income loss that you'll be suffering as the result. This can include lost income, commissions, benefits, and bonuses. You may also need to pay a home-care nurse or attendant as well as be entitled compensation for the costs of assistive devices, such as canes and wheelchairs. After an accident, a lot of injured victims require receiving treatment and care. This can be very expensive. This includes physical therapy as well as and occupational therapies. Victims of injuries are entitled to reimbursement for these expenses and the cost of transport and accommodation for their journey 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 enjoyed before your accident. This is an area of damage that can be harder to quantify, but it's still essential to document it as precisely as is possible. You can seek compensation for these losses by filing an action or settlement outside of court. A settlement is a bargain with the defendant or their insurance company to settle the issue outside of court. A lawsuit requires a trial, and evidence that the defendant's negligence or inattention, caused your injury. A personal injury lawyer will help you determine the best path for your particular situation.