How an Injury Lawyer Can Help
If you're looking to obtain compensation for medical expenses as well as lost wages or suffering and pain, an injury lawyer can help. They are also able to handle aggressive tactics employed by employers, insurance companies and even some health care professionals.
Lawyers with specialization in injury opt to specialize. This allows them to gain extensive knowledge and expertise in the field.
Damages
When you suffer an injury because of someone else's negligence the damages that result can result in physical, financial, and emotional stress for you and your family. An attorney for personal injuries can help you recover your losses by filing a lawsuit, or a claim against the party responsible. Damages are a remedy against the perpetrator and can be classified as punitive or compensatory.
Compensatory damages can be quantified in dollar amounts. For example medical bills or lost wages. A jury or judge will look at these costs and determine the amount that is reasonable to reimburse you.
Future medical expenses and the loss of quality of life could be calculated using a medical expert's testimony and expert witnesses. It is important to keep meticulous documentation and receipts for the expenses. Your injury attorney may also consult with medical experts to learn about your particular diagnosis limitations, and the probable impact on your future.
It's difficult to determine the value of other damages that aren't economically based, like pain and discomfort. It is essential to work with an experienced lawyer who can put a fair dollar value on your injuries and requirements. This includes the loss of your enjoyment of life and emotional stress.
Your attorney can try to resolve your case with the defendant's insurance company before trial. The aim is to secure you a fair settlement as fast as you can to alleviate your financial burden and stress caused by the accident. If negotiations fail, then your lawyer can make a claim and bring the case before a jury or judge. A trial is a legal proceeding where your injury lawyer presents arguments and evidence before a jury or judge. Your lawyer will arrange the payment in case you win a judgement.
Pain and Suffering
If you are injured in an accident, it's not just the physical injuries you suffer. The emotional trauma can be significant and cause continual discomfort. In addition, you may also experience difficulty adjusting to a new life, especially when your injury results in permanent disfigurement. This is sometimes referred as "pain and discomfort."
Unlike the more tangible economic damages like medical bills, lost wages, and the loss of future earnings, the cost of suffering is hard to quantify. However, there are ways that your attorney can help you determine the fair value of these expenses.
For example the majority of states use an algorithm called a multiplier to calculate the amount of pain and damages you are entitled to. They take your economic losses and multiply them by a figure between 1.5 and 5. The multiplier is greater when you've suffered serious physical injuries.
The per diem method is another method to determine the amount of suffering and pain. This is the process of assigning an amount in dollars for each day you suffer from the injury. Your lawyer can explain these various methods and help you decide which is most appropriate for your situation.
Your lawyer will do everything to prove the mental distress you have suffered. He or she may require you to keep an eye on your emotional and/or physical discomfort in order to present it to the jury.
If your case goes to trial, you can anticipate the jury to spend several hours deliberating what they think is a fair amount of money you should receive for your pain and suffering. In certain instances the judge may alter a jury's decision, but it is very rare.
Lost Wages
In addition to medical expenses and property damage, victims may claim compensation for lost wages through a lawsuit against the at-fault party. This is known as loss of earning capacity (LOSC). This damages award will cover future income from promotions, raises and bonuses that the victim would have received during their previous job. It also includes the value of fringe benefits like gym memberships, the use of a company vehicle or electronic equipment loaned by the company.
A lawyer for personal injury can assist you in proving the full extent of an accident, by presenting tax returns, pay stubs, and earnings statements. These documents can reveal how much time you've missed at work and what you are typically earning per hour. If you were paid on commission, the attorney may get additional evidence from your business associates to show how much you would have earned if you were working.
You only have the right to the lost wages which were caused by your injury. This is in contrast to more speculative damages that can be awarded, such as emotional distress and punitive damages.
In injury lawyer oceanside of loss of earning capacity, it is essential to have experts on the witness stand who will provide their opinions on the ability of you to perform your job after the injury. This can be a daunting task that requires computer software to display the differences in your abilities in comparison to the ones you were able to perform prior to the accident. Your NY lawyer will use expert testimony to help you obtain the proper lost wages award. They will also respond to arguments that are made by the responsible party, or their insurance company, claiming that your injuries weren't severe enough to prevent you from working based on statistical or general data.