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How an Injury Lawyer Can Help

If you're looking to claim compensation for medical expenses and lost wages, or for suffering and pain, an injury lawyer can assist. They can also help you deal with aggressive tactics employed by employers, insurance companies and even some health care professionals.

Injury lawyers often choose to specialize in a specific area of the law. This allows them to acquire an extensive knowledge and understanding of the field.

Damages

When you suffer an injury because of someone else's negligence, the resulting damages can cause physical, financial and emotional strain for you and your family. A personal injury lawyer is able to assist you in recovering these losses by way of filing a lawsuit or claim against the responsible party. Damages are a remedy against the culprit and can be classified as punitive or compensatory.

Compensatory damages can be quantified in dollar amounts. For instance medical bills, or lost wages. A jury or judge could assess these costs and calculate the appropriate amount to pay you.

Expert witnesses and a physician can also calculate the cost of future medical expenses and loss of quality of life. When documenting these costs, it is important to keep meticulous receipts and documents. Your injury attorney may also consult with medical professionals to better understand the specifics of your diagnosis limitations, and the probable impact on your future.

It is difficult to value non-economic damages, such as discomfort and pain. It's important to work with an experienced injury lawyer who can place a fair dollar value on your injuries and needs. This includes mental trauma and loss of enjoyment life.

Your attorney can resolve your case with the insurance company of the defendant before trial. The goal is to negotiate you a fair settlement as soon as possible to relieve your financial burden and stress caused by the accident. If negotiations are unsuccessful, your lawyer could start a lawsuit and take the matter to trial. A trial is a legal proceeding where your injury lawyer presents arguments and evidence before a jury or judge. Your lawyer will negotiate the payment should you be awarded a judgement.

Pain and Suffering

If you're injured in an accident, injury it's not just the physical injuries you are suffering. Trauma to the emotional part can be significant and cause ongoing discomfort. In addition, you might also experience difficulty adjusting to an entirely new life, particularly if your injury causes lasting disfigurement. This is often described as "pain and suffering."

In contrast to the more tangible economic damages such as medical bills, lost wages, and future loss of earnings, the cost of suffering is hard to quantify. However there are methods that your attorney can assist you determine the value of these losses.

For example, many states use a multiplier method to calculate the amount of pain and suffering damages you're entitled. They take your economic losses and multiply them by a number between 1.5 and 5. The multiplier is greater if you have suffered a severe physical injury.

Other methods of calculating pain and suffering include the per diem method in which a specific dollar amount is assigned to each day that you suffer from the injury. Your lawyer can provide you with the various methods and help you choose which one is the best fit for your particular situation.

Although proving that you suffer from mental pain and suffering is harder than proving financial losses, your lawyer will be able to present concrete evidence of the hardship you've experienced. The attorney may request that you keep records of your emotional or physical pain in order to explain it to the jury.

If your case is put to trial, you can anticipate the jury to take several hours deliberating what they think is a fair amount of money for your pain and suffering. A judge can alter a jury decision in rare instances.

Lost Wages

In addition to medical bills and property damage, victims can receive compensation for lost wages through a lawsuit against an at-fault party. This is known as loss of earning capacity (LOSC). This damages award will cover the future earnings that the victim might have earned from promotions, raises, and bonuses during their employment. It also includes the value of fringe benefits, like gym memberships or company vehicles.

An injury lawyer can help you prove the full extent of your injury by presenting pay receipts, tax returns and earnings statements. These documents can demonstrate the amount of time you were away at work and what you are typically earning per hour. If you were paid a commission, your attorney can seek additional evidence from business associates to determine how much you could have earned if you were able to continue working.

It is important to understand that you are only entitled to the loss of wages that occurred because of your injury. This is in contrast to more speculative damages that can be awarded, such as punitive damages and emotional distress.

In the event of loss of earning capacity, it's essential to obtain expert witnesses who will provide their opinions on the ability of you to fulfill your duties after the injury. This is a challenging task that requires computer software to display the difference between your current abilities in comparison to the ones you were capable before the accident. Your NY injury lawyer will use experts' testimony to help you secure the appropriate lost wage damages awarded. They will also counter arguments that are made by the responsible party or their insurance company, that your injuries were not severe enough to prevent you from working on general data or statistics.