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How an Injury Lawyer Can Help

If you're trying to get compensation for medical expenses and lost wages, or for suffering and pain, an injury lawyer can assist. They are also able to handle aggressive tactics employed by employers, insurance companies, and even health experts.

Injury lawyers often choose to specialize in a particular area of law. This allows them to gain a comprehensive knowledge and expertise of the field.

Damages

When you suffer an injury due to the negligence of someone else the damages that result can cause financial, physical and emotional strain for you and your family. A personal injury lawyer is able to help you recover these losses by way of filing a lawsuit or claim against the party responsible. Damages are the compensation you seek from the wrongful defendant and are classified as punitive, compensatory or general.

Compensatory damages are quantifiable costs that can be documented in specific dollar amounts for medical bills and lost wages. A jury or judge will look at these costs and determine an amount that is fair to reimburse you.

Future medical expenses and the loss of quality of life can be calculated using a medical expert's testimony and expert witnesses. When documenting these expenses it's important to keep detailed receipts and documents. Your injury attorney may also consult with medical professionals to better understand your particular diagnosis limitations, and the probable impact on your future.

Valuing non-economic damages such as pain and suffering is more difficult. It is important to consult an experienced injury lawyer who will put an appropriate value to your injuries and requirements. This includes mental anguish and loss of enjoyment of life.

Your lawyer can attempt to settle the case prior to trial with the defendant's insurer. The goal is to get you a fair settlement as soon as possible to relieve your financial burden and stress brought on by the accident. If negotiations fail, then your lawyer can start a lawsuit and present the case before a jury or judge. A trial is a legal process where your injury lawyer presents evidence and arguments before a jury or judge. Your lawyer will help you arrange the payment should you be awarded a judgement.

Pain and Suffering

If you're injured in an accident, it is not just the physical injuries that you suffer. Emotional trauma can be very significant and cause ongoing discomfort. Additionally, you could also experience difficulty adjusting to a new life, especially if your injury causes lasting disfigurement. This is often referred to as "pain and discomfort."

In contrast to the more tangible economic damages, such as medical bills, lost wages, and future loss of earnings, the cost of suffering is difficult to quantify. There are ways your attorney can assist in determining the fair value of these damages.

A lot of states, like the state of California, use a multiplier to determine the amount you are entitled to compensation for suffering and pain. They take your entire economic losses and multiply the amount by a value between 1.5 and 5. The multiplier is higher in the event of a severe physical injury.

Other methods of measuring pain and suffering include the per diem method, where a certain dollar amount is allocated to each day you spend experiencing the injury. Your lawyer can explain these various methods and help you decide the most appropriate one for your particular situation.

Although proving that you suffer from mental pain and suffering is more difficult than proving your financial losses, your attorney will be able to present concrete evidence of the pain you've experienced. For instance, he or she might request that you keep a record of your physical and emotional pain so that you can explain the pain in detail before the jury in court.

If your case is argued in court, you can be sure that the jury will take a considerable amount of time to determine what they believe is a fair amount to compensate for your discomfort and pain. A judge can modify the verdict of a jury in the rarest of cases.

Lost Wages

In addition to damages to property and medical expenses victims could be able to obtain compensation for the loss of wages in a lawsuit brought against the party responsible. This is referred to as loss of earning capacity (LOSC). This damages award is based on the future income a victim may have received from promotions, raises and bonuses as part of their regular job. It also covers the value of fringe benefits like gym memberships, or company vehicles.

An injury lawyer can help you show the full impact of your injury by presenting pay stubs, tax returns, and earnings statements. These documents can show how much time you've missed at work, as well as what you are typically earning per hour. If you were paid commission, your attorney can get additional evidence from your business associates to show how much you would have earned if you were able to work.

It is important to keep in mind that you're only entitled to lost wages that actually occurred because of your injury. This is in contrast with the more uncertain damages that may be awarded, including emotional distress and punitive damages.

In the event of a loss of earning capacity, it is necessary to get expert witnesses who can provide opinions on the ability of you to perform your job duties following the injury. This is a difficult task and requires the use of computer software to demonstrate the differences between your current capabilities and those you had prior to the accident. Your NY injury lawyer will use the testimony of experts to assist you in obtaining the right lost wage award. They will also respond to arguments that are made by the responsible party, injury or their insurance company, that your injuries were not severe enough to prevent you from working, based on data from statistics or general information.