How an Injury Lawyer Can Help
Whether you are looking to get compensation for medical expenses and lost wages, or for suffering, an
injury lawsuit lawyer can help. They can also assist with aggressive tactics employed by employers, insurance companies, and even health experts.
Injury lawyers often choose to focus on a particular area of law. This enables them to gain a comprehensive knowledge and expertise of the area.
Damages
When you suffer an
injury because of someone else's negligence the damages that result can cause physical, financial and emotional pain for your family and you. A personal injury lawyer can to assist you in recovering these losses through the process of filing an accident lawsuit or claim against the party responsible. Damages are the remedy that you seek from the negligent defendant and are categorized as punitive, compensatory, or general.
Compensatory damages are costs that can be quantified which can be documented in dollar amounts specific to the case, such as medical bills and lost wages. A jury or judge will assess these costs and calculate an appropriate amount to pay you.
Expert witnesses and a physician can also estimate future medical expenses as well as loss of quality of living. It is important to keep meticulous records and receipts when documenting these costs. Your injury attorney may also consult with medical experts to learn about your specific diagnosis and limitations as well as the anticipated consequences for your future.
It's hard to quantify other damages that aren't economically based, like pain and discomfort. It's important to work with an experienced injury lawyer who can place an accurate dollar value on your injuries and requirements. This includes the loss of your enjoyment of life and mental anguish.
Your lawyer can try to settle the case prior to trial with the defendant's insurer. The aim is to secure you an acceptable settlement as quickly as possible to relieve your financial burden and stress brought on by the accident. If negotiations fail, your lawyer may initiate a lawsuit and bring the matter before a judge or jury. A trial is a legal process where your injury lawyer presents arguments and evidence to a judge or jury. If you win a judgment, your attorney will negotiate arrangements to receive the settlement.
Pain and Suffering
There are more than just physical injuries when you are injured in an accident. The emotional trauma can be significant and cause constant discomfort. In addition, you might also experience difficulty adjusting to the new lifestyle, particularly if your injury causes lasting disfigurement. This is often called "pain and suffering."
The pain and suffering of a person is difficult to quantify in comparison to other economic damages like medical expenses, lost wages and future earnings. There are several ways your attorney can assist in determining the fair value of these damages.
For example there are many states that use an algorithm called a multiplier to calculate the amount of pain and damages you're entitled to. The multiplier method is used to multiply your total economic losses by a figure ranging from 1.5 to 5. The multiplier is higher in the event of a severe physical injury.
Other methods of measuring pain and suffering includes the per diem method, in which a specific dollar amount is assigned to each day you suffer from the injury. Your lawyer can provide you with the various methods and help you determine which one is appropriate for your specific situation.
Your attorney will do everything possible to prove the mental pain that you've experienced. For instance, he or
injury she might require you to keep a record of your physical and emotional pain so that you can be able to describe the pain in detail before the jury in court.
If your case is put to trial, you can anticipate the jury to take a long time deliberating over what they believe to be an appropriate amount of money you should receive for your suffering and pain. In some instances, a judge will modify the jury's decision, however this is extremely rare.
Lost Wages
In addition to medical bills and property damage, victims may claim compensation for lost wages in a lawsuit against the at-fault party. This is referred to as loss of earning capacity (LOSC). This damages award covers the future earnings that victims could have gotten from promotions, raises or bonuses as part of their regular job. It also covers the value of fringe benefits such as gym memberships or company vehicles.
An injury lawyer can help you demonstrate the full impact of your injury by presenting pay statements, tax returns, and earnings statements. These documents can show how much time you've missed working and how much you normally earn per hour. If you were paid on commission, your attorney can get additional evidence from your business associates in order to show the amount you could have earned had you been in a position to work.
It is important to understand that you're only entitled to lost wages that actually resulted from your
injury. This is in contrast to the more speculative types of damages, including punitive and emotional damages.
If you have lost earning capacity, it is necessary to have expert witnesses who can offer their opinion on the ability of you to perform your job after the injury. This can be a difficult task that will require computers to demonstrate the differences in your abilities compared to those you were able to perform prior to the accident. Your NY injury lawyer will use experts' testimony to assist you in obtaining the appropriate lost wage award. They will also consider arguments that are made by the responsible party or their insurance companies that your injuries are not enough severe to prevent you from working,
injury based on general or statistical data.