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What Is Your Personal Injury Claim Worth? If you've been injured in an accident, you may be entitled to compensation. A personal injury lawyer can help to determine how much your claim is worth. The amount of compensation that you will receive is determined by the severity of your injuries and several other factors. Most compensation awards include economic damages, for example, reimbursement for medical treatments and the cost of future medical treatment. No-fault system The system of no-fault in New York is designed to assist victims in recovering damages for medical expenses and other financial losses. However, the system does not cover damages that are not monetary like suffering and pain. Thus, victims might need to start a personal injury lawsuit in order to receive the amount they are due. An experienced attorney can help you navigate the process of getting the amount you require to pay your bills and get back on your feet after an accident. The severity and nature of the injury will determine the value of your claim. Injury that causes permanent impairment or disfigurement are likely to be worth more than those that don't. The extent to which you've been affected by your injuries will also raise the value of your claim. To receive the full amount of compensation you deserve for your injuries, it's crucial that you have documentation of the total amount of your medical costs and other financial losses. This includes doctor visits, surgeries and physical therapy, medication, assistive devices and any other medical needs you may require in the near future. Your lawyer will be able determine this amount by reviewing your medical records and getting an opinion from your doctor. It is crucial to take into consideration any income you may have received from third parties other than the negligent party when determining the amount for your personal injury claim. This rule is known as collateral source and it prevents negligent parties from reducing your compensation by removing the amount you've 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 depend on how severe your injuries are as well as the number of people injured in the accident. A strong personal injury attorney can assist you in understanding the no-fault system and fight for the full amount of compensation you are entitled to. In a lot of states, like New York, no-fault insurance coverage is required. Known as personal injury protection (PIP) is a type of coverage pays for your medical expenses as well as lost wages in the event that you are injured in an accident, regardless of the person who is responsible for the crash. The limits for PIP vary from state to state however, most provide at least $2,500 of insurance for medical bills, and a small amount of coverage for lost wages. Damages for pain and suffering In personal injury cases the aim is to make the victim whole. This can include returning them to the financial situation they were in prior to the accident, including medical expenses 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 the person. This includes physical pain, mental anguish and the loss of health or vigor. These non-economic damages can be more difficult to quantify in comparison to other damages, such as medical bills or lost wages. But there are several methodologies that can be used to help determine the value of suffering and pain. Medical records that describe the extent of pain suffered by a victim could be a valuable source of evidence. Witnesses from victims or their family members can also prove how the injuries have affected their lives. Imagine, for example you're injured and unable to go on long runs or take part in your favorite activities. You'll likely be able to show how these activities have impacted your life quality. In addition, you could have videos or photos which prove your situation. These types of evidence can be extremely persuasive to a jury, even if they are not backed by scientific proof. The multiplier method and the per diem method are the two most commonly used methods courts use to calculate pain and suffer. Santa Rosa injury lawsuits involves multiplying the claimant's economic damages by between one and five. The per diem method assigns an amount for each day of pain and suffering until the claimant has reached “maximum improvement”. These methods aren't set in stone as judges and jury members have a wide range of discretion when deciding the amount of compensation they will award. It is therefore important to be aware of the best way to demonstrate your claim for pain, suffering and other damages, to increase your chances of receiving an equitable settlement. Compensation for lost wages Loss of wages damages can be a large portion of a personal injury award. This includes all days off from work that are lost because of an accident, including holidays and weekends. This includes any tips, bonuses, or commissions that you could have earned on the job. The amount of these losses is usually determined by a forensic accountant or a 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 money you made prior to your injury to demonstrate the difference. You might also be able include any vacations, sick days or personal days you had planned to take but were not able to do due to the injury. This kind of compensation could assist you in recovering some of the income loss due to your inability of work, and even compensate for future losses. However, you will not get the full amount you would have received if the injury had not occurred, because there is likely to be a lien from the other parties who paid for treatment or medical expenses. It isn't easy to prove you've lost wages if you are self-employed. However your lawyer can consult an expert in finance on this. Experts can help you estimate your future earnings in relation to your current earning capacity. They'll take into consideration things like the kind of work you do, the number of hours you normally work each week, and your hourly rate. Future loss of earnings damages are similar to the past loss of income however they are based on your ability to earn in the future rather than on what you actually earned in the past. They could 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 affect your ability to work. General damages are a different type of compensatory damages. They can include expenses such as pain and suffering. This is a more subjective category of damages that is difficult to quantify. This kind of damage is often granted along with other types, such as medical bills and lost wages. To be eligible for this type of award you must prove that you experienced physical, mental, or emotional stress due to the incident. This could include a doctor's report or an expert's testimony from a psychiatrist or psychologist. Future medical expenses for damages In personal injury cases, the future medical costs can make up an important portion of your settlement. They are difficult to prove and calculate. These damages are often determined based on your future needs. These damages may include the cost of medications, an estimate from an PT of how long the treatment will take as well as other factors. In order to prove future medical expenses, you will need to work with experts in the field like doctors and therapists. They will testify regarding the nature of your injury and its anticipated impact on your life. They will also assist you determine the current worth of the expenses. Your lawyer will use this information to make an effective argument for you. Another factor to consider is the loss of income that you may experience due to your injuries. This can include lost earnings, commissions, bonuses and benefits. In addition, you might have to pay for a home-care attendant or nurse and may be entitled to reimbursement for the cost of assistive devices like wheelchairs, walkers and canes. Many injured victims require a great amount of ongoing medical and treatment following an accident and it can be costly. This includes therapy, physical and occupational therapy. These expenses, including transport and accommodation costs for travel to appointments and back, are covered by the compensation provided to injured victims. It's also important to consider other non-medical costs associated with your accident, such as the loss of enjoyment of activities you enjoyed before your accident. This type of damage can be difficult to quantify, however it's still essential to record as accurately as you can. You can pursue the losses in two ways one of which is a settlement or lawsuit. A settlement is a deal with the defendant or their insurance company to settle an issue outside of court. A lawsuit requires a trial, and evidence that the defendant's negligence, or recklessness caused your injury. An attorney who specializes in personal injury cases can help you decide which option is best for your particular situation.