Sarah Marryat asked 7 months ago
How an Injury Lawyer Can Help
Whether you are looking to obtain compensation for medical expenses as well as lost wages or suffering and pain, an injury lawyer can help. They can also deal with aggressive tactics employed by employers, insurance companies, and even health care professionals.
Injury lawyers often choose to specialize in a specific area of law. This allows them to gain comprehensive understanding and expertise in the field.
Damages
When you suffer an injury due to someone else’s negligence the damages that result can cause physical, financial and emotional stress for your family and you. A personal injury lawyer can to help you recover these losses through the process of filing an accident lawsuit or claim against the party responsible. Damages are the remedy you have against the culprit and can be classified as compensatory or punitive.
Compensatory damages can be measured costs that can be substantiated in specific dollar amounts, such as medical bills and lost wages. A jury or judge will look at these costs and determine the amount that is fair to reimburse you.
Future medical expenses and the loss of quality of life could be assessed 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 experts to learn about your particular diagnosis and limitations, as well as the likely consequences for your future.
The assessment of non-economic damages like pain and suffering is more difficult. It is important to consult an experienced injury lawyer who will put an appropriate dollar value on your injuries and requirements. This includes the loss of enjoyment of life and emotional stress.
Your attorney may try to settle your case with the insurance company of the defendant before trial. The goal is to obtain you a fair settlement as fast as you can to alleviate your financial burden and stress brought on by the accident. If negotiations are unsuccessful, your lawyer could initiate a lawsuit and bring the case to trial. A trial is a legal proceeding where your injury lawyer presents arguments and evidence to a judge or jury. If you are awarded a judgment, your attorney will negotiate arrangements to receive the settlement.
Pain and Suffering
If you’re injured in an accident, it is not just the physical injuries that you suffer. The emotional trauma can be significant and cause ongoing discomfort. Additionally, you could have difficulty adjusting to the new lifestyle, particularly if your injury causes lasting disfigurement. This is often referred to as “pain and suffering.”
The pain and suffering of a person is difficult to quantify when compared to other economic damages such as medical expenses or lost wages, as well as future earnings. There are several ways your attorney can help in determining the value of these damages.
Many states, such as utilize a multiplier to determine how much you are entitled to compensation for suffering and pain. The multiplier method is used to multiply your total economic losses by a number which ranges from 1.5 to 5. The multiplier is greater in the event of a severe physical injury.
Other methods of calculating pain and injury suffering include the per diem method, where a certain dollar amount is assigned to each day that you spend experiencing the injury. Your lawyer will explain the different methods and help you choose which one is the best fit for your specific situation.
Although proving mental pain and suffering is more difficult than proving financial losses, your lawyer will attempt to provide tangible evidence of the pain and suffering you have experienced. For instance, he may ask you to keep a record of your physical and emotional discomfort so that you are able to describe the pain in detail before a jury in court.
If your case is being tried and you are a victim, the jury will take plenty of time before deciding what they believe is an appropriate amount to pay for your pain and discomfort. In certain instances the judge may alter the verdict of the jury, but this is not often.
Lost Wages
In addition to medical expenses and property damage, victims can receive compensation for lost wages in a lawsuit against an at-fault party. This is referred to as loss of earning capacity (LOSC). This damages award covers the future earnings victims could have gotten from promotions, raises, and bonuses from their job. It also covers the value of fringe benefits like gym memberships or company vehicles.
An injury lawyer can help you demonstrate the full impact 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, as well as what you are typically earning per hour. If you earned a commission, your lawyer can obtain additional evidence from business associates to prove how much you could have earned if you had been able to continue working.
It is important to note that you are only entitled to the lost wages that occurred because of your injury. This is different from the more speculative types of damages, including emotional and punitive damages.
In the event of a loss of earning capacity, it is essential to get expert witnesses who can offer their opinion regarding your capability to perform your job following the injury. This is a difficult task and requires the use of computer software to demonstrate the differences between your present capabilities and those you were able to do prior to the accident. Your NY injury lawyer will use experts’ testimony to help you secure the proper lost wage damages awarded. They will also respond to arguments from the negligent party, or their insurance company that your injuries were not serious enough to prevent you from working, based on statistics or generic data.