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What Is Your Personal Injury Claim Worth? If you've been injured in an accident, you could be entitled to compensation. A personal injury lawyer can assist you in determining the value of your claim. The amount of compensation that you get is determined by the severity of your injury as well as various other factors. Most compensation awards will include financial damage, like reimbursement for medical expenses and compensation for future medical treatment. No-fault system The no-fault system in New York is designed to help victims recover damages for their medical expenses and other financial losses. However, this system does not cover damages that are not monetary such as suffering and pain. Therefore, victims may have to make a personal injury claim in order to receive the compensation they deserve. An experienced attorney can help you through the process of obtaining compensation to cover your expenses after an accident and get you back on your feet. The severity and nature of the injury can determine the value of your claim. The claims for injuries that cause permanent disability or disfigurement are more valuable than those that don't. The extent to which you have been impacted by your injuries may increase the value of your claim. In order to obtain the full amount of compensation you deserve for your injuries, it is essential that you keep a record of the total amount of your medical expenses and other financial losses. This includes doctor visits, surgery physical therapy, medications as well as assistive devices and any other medical needs you will require in the future. Your lawyer can determine this amount by looking over your medical records and obtaining an estimate from your doctor. It is important to consider any income that you may have received from other sources other than the responsible party when determining the amount for your personal injury claim. Vallejo injury attorneys is known as the collateral source, and it prevents negligent parties from cutting your compensation by subtracting the compensation you've already received from other income sources. The value of a personal injury claim depends on the severity of your injuries and the number injured in the accident. A personal injury lawyer can assist you understand the no-fault state and fight for all the compensation you deserve. No-fault insurance is a requirement in a number of states including New York. Personal injury protection (PIP) covers medical bills and lost wages in the event of an accident. The PIP limits differ from state to state, however, in general, they provide coverage of at least $2,500 for medical expenses 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 returning them to the financial position they were in prior to the accident, covering medical bills and car repair costs, as well as compensating the loss of income and other damages that are not economic, such as pain and suffering. The law defines pain as a broad term that includes emotional or physical effects on an individual. This includes mental anguish, physical pain and the loss of health or vigor. These damages that are not economically based are typically more difficult to quantify than the monetary value of other damages, like medical bills and lost wages. There are a variety of 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 has prevented you from doing long runs in your spare time or from engaging in your favorite hobbies. You would probably be able to demonstrate how these activities have impacted your quality of life. In addition, you could 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. The multiplier method as well as the per diem method are the two most commonly used methods courts use to determine the amount of pain and suffering. The multiplier method is based on multiplying the claimant's economic damages by one and five. The per diem method assigns a certain amount for each day of suffering and pain until the claimant is at “maximum improvement”. These procedures aren't established in stone and juries and judges have wide discretion when awarding this kind of compensation. As such, it is essential to know how to establish your claim for suffering and pain to increase your chances of receiving an appropriate settlement. Damages for lost wages Damages for lost wages can make up a significant portion of a personal injury award. This includes all time that you are unable to work because of an accident, even weekends and holidays. It also includes bonuses, commissions, and tips that would have been earned through the job. The amount of these losses is typically determined by a forensic economist or other financial expert. These damages are simple to calculate and can be proved using W-2 forms and paystubs. They can be compared to the amount of income you earned prior to your injury to show the difference. It may be possible to include any sick, vacation or personal days you planned to take but were unable to take due to injury. This type of compensation may assist you in recovering some of the lost earnings due to your inability of work, or even pay for future losses. However, you may not receive the full amount that you would have received if your accident had not occurred because there is likely to be a lien from other parties who provided treatment or medical bills. It isn't easy to prove that you have lost wages if you are self-employed. However your lawyer can talk to an expert in financial matters about this. Experts can estimate your future earnings based on your current earning capacity. They will take into account aspects like your regular work, the number of hours you work each 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 more on your capacity to earn more money in the near future, rather 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. These are typically only granted when it is demonstrated that the injury will substantially and permanently affect your ability to work. General damages are a different type of compensatory damages. They may include expenses such as suffering and pain. This is a more subjective category of damages that is difficult to quantify. It is often granted in addition to other types of damages such as medical expenses and lost wages. To qualify for this type you must prove that you have suffered physical, mental or emotional distress as a result. This can include a doctor’s report or an expert's testimony from a psychiatrist or psychologist. Damages for future medical expenses In personal injury lawsuits, the future medical expenses can constitute a substantial part of your settlement. They can be difficult to prove and calculate. These damages are often determined by actuarial calculations of the future requirements of your health. These damages may include the cost of medication, a prediction by a physical therapist of how long the treatment will take and other variables. You will have to rely on experts such as doctors or therapists to prove future medical expenses. These experts will testify regarding the nature of your injury and the impact it will have on you in the near future. They will also assist you to determine the present value of these expenses. Your attorney will use this information to present an effective argument for you. You should also consider the loss of income you'll suffer as the result. This can include lost income such as commissions, benefits and bonuses. There may be a need to pay an attendant or a nurse at home or attendant, and you could be entitled compensation for the cost assistive devices such as wheelchairs and canes. Many injured victims require a amount of ongoing medical and care after their accident and it can be expensive. This includes physical therapy, therapy and occupational therapy. These expenses, which include the cost of transportation and accommodation for travel to appointments and back, are covered by compensation for injured victims. It's also important to take into consideration other non-medical costs associated with the accident, for instance the loss of enjoyment of activities you were enjoying prior to your accident. This area of damage can be difficult to quantify, but it is still important to document your injuries as exact as you can. You may seek compensation for these losses by filing an action or settling out of court. A settlement is a deal with the defendant or their insurance company to settle a dispute outside of court. A lawsuit however, requires a trial and proof that your injury was the result of the negligence or reckless actions. An attorney for personal injury can assist you in deciding the best path for your situation.