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What Is Your Personal Injury Claim Worth? If you've been injured as a result of an accident, you could be entitled to compensation. A personal injury lawyer can help understand what your claim is worth. The amount you receive depends on the severity of your injuries as well as several other factors. The majority of compensation awards cover economic damages, for example, reimbursement for medical treatment and reimbursement for future medical treatment. No-fault system The no-fault system in New York is designed to assist victims in recovering damages from medical expenses and other financial losses. However, the system does not cover damages that are not monetary like suffering and pain. In order to get the compensation that they deserve victims may need to file a lawsuit. An experienced attorney can help you through the process of obtaining compensation to cover your expenses following an accident, and help get you back on your feet. The extent and nature of the injury will determine the value of your claim. Injuries that cause permanent impairment or disfigurement are more important than those that don't. In addition, the extent to which your injuries have impacted your life quality will add value to your claim. To receive the full amount of compensation you deserve for your injuries, it is crucial that you have documentation 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 might require in the near future. Your lawyer will be able to calculate this number by reviewing your medical records and getting a prognosis from your physician. It is crucial to consider any income you might have received from other sources other than the negligent party when determining the value for your personal injury claim. This is known as the collateral source, and it stops negligent parties from making their compensation less by subtracting the compensation you've already received from other income sources. The value of an injury claim for personal injury is contingent on the severity of your injuries and the number injured in the accident. A strong personal injury attorney can assist you in understanding the no-fault system and fight for the full settlement you're entitled to. No-fault insurance is mandatory in many states including New York. 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. PIP limits vary between states, but in most cases they provide coverage of at least $2,500 for medical bills and a certain amount for lost wages. Damages for suffering and pain In personal injury cases, the aim is to make a victim whole after an accident. 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 them for lost income, and other non-economic damages such as pain and suffering. The law defines pain as a broad category that includes emotional or physical effects on the person. This includes physical pain, mental anguish and loss of health or vigor. These non-economic damages can be more difficult to quantify when compared to other types of damages like 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 amount of pain endured by a victim can be valuable evidence. The testimony of a victim, or a family member, can also show how the injuries affected their lives. Imagine, for instance you're injured and are unable to run for long distances or engage in your activities. You would probably be able to demonstrate how these activities have affected your life quality. You may also have photos or videos that illustrate your current condition. These kinds of evidence can be very persuasive to jurors even if they're not supported by scientific evidence. There are two methods that courts calculate pain and suffering: the multiplier method and the per diem method. The multiplier method involves multiplying claimant's economic damages by one and five. The per diem method allocates a specific amount to each day of suffering and pain until the claimant is at “maximum improvement”. These methods are not set in the stone of law as juries and judges are free to decide on this type of compensation. It is therefore crucial to understand how to demonstrate your claim for pain, suffering and other damages, to increase your chances of receiving an equitable settlement. Damages for loss of wages A large portion of a personal injury settlement could be compensation for lost wages. This includes all days off from work that are lost because of an accident, including weekends and holidays. This includes any tips, bonuses, or commissions that you earned on the job. The value of these losses is usually calculated by a forensic economist or other financial expert. These damages are easy to calculate and can be proved with W-2 forms and paystubs. They can be compared to the amount of money you made prior to your injury to determine the difference. It is possible to also include any sick, vacation, or personal days that you had planned on using but had to forgo because of the injury. This type of compensation can 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 the injury hadn't occurred, because there is likely to be an obligation from other parties who have paid for medical or treatment bills. It can be difficult 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. They can estimate your future earnings based on your present earning capacity. They will consider things like the kind of work you typically do, the number of hours you normally work each week, and your hourly rate. Future losses of earnings damages are similar to past loss of income but are dependent on the amount you can earn in the future rather than what you actually earned in the past. These damages can also be called impairment of earning capacity or loss of future earning potential. They are typically only awarded when it is demonstrated that the injury will substantially and permanently affect your ability to work. Another type of compensatory damages is known as general damages. These damages can include expenses such as pain and suffering. This is a more subjective class of damages that is difficult to quantify. This kind of damage is often awarded along with other types, such as medical bills and lost wages. To qualify for this type, you must show that you experienced physical, mental or emotional distress as a result. This could be a doctor's report or expert testimony from a psychiatrist or psychologist. Future medical expenses for damages In personal injury lawsuits, future medical expenses could be an important portion of the settlement. They are often difficult to prove and determine. The damages are usually based on actuarial calculations about your future needs. These damages could also include the cost for medications, an estimate from an PT of how long treatment will take as well as other factors. You will have to rely on experts like doctors or therapists to demonstrate future medical expenses. These experts will testify about the nature of your injury and its anticipated impact on your life. They will also help you to determine the present value of these expenses. Your lawyer will then use this information to present an argument convincing on your behalf. It is also important to consider the income loss that you'll be suffering as a result. This could include loss of income such as commissions, benefits and bonuses. In addition, you might have to pay for a home care attendant or nurse and may be entitled to compensation for the cost of assistive devices such as wheelchairs, walkers and canes. Many injured victims require a deal of ongoing treatment and treatment following an accident which can be very costly. This includes physical therapy, therapy and occupational therapy. Injured victims are entitled to compensation for these expenses and the cost of transport and accommodation for their journey to and from their appointments. Consider other costs besides medical expenses, like the loss of enjoyment in activities you previously enjoyed prior to the injury. This is an area of damage that can be harder to quantify, but it's still important to document it as accurately as possible. You may seek compensation for these losses by filing an action or settling outside of court. A settlement is negotiations with the insurance company to settle a dispute outside of court. A lawsuit requires a trial and proof that the defendant's negligence, or inattention, caused your injury. Syracuse injury attorney who specializes in personal injury cases can assist you in deciding which option is best for your case.