How an Injury Lawyer Can Help
If you're looking to secure compensation for medical bills and lost wages, or for suffering, an injury lawyer can assist. They can also deal with aggressive tactics employed by insurance companies and even some health care professionals.
Lawyers who specialize in injury choose to focus on this area. This allows them to gain the most comprehensive knowledge and experience of the field.
Damages
If you are
injured because of someone else's negligence the damages that result can result in physical, financial and emotional strain for you and your family. An attorney who specializes in personal injury can assist you in recovering your losses by filing a lawsuit, or a claim against the party responsible. Damages are your recourse against the offender 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 will evaluate these costs and calculate an amount which is fair to compensate you.
Expert witnesses and a doctor can also determine the cost of future medical expenses and loss of quality of living. It is important to keep meticulous records and receipts to document the expenses. Your lawyer for injury may also consult with medical experts to determine the specifics of your diagnosis and limitations, as well as the likely impact on your future.
It is difficult to value other damages that aren't economically based, like pain and discomfort. It is crucial to work with an attorney with experience in valuing damages and needs. This includes the loss of your enjoyment of life and emotional stress.
Your attorney can settle your case with the insurer of the defendant prior to trial. The goal is to reach a fair settlement quickly to alleviate you of the financial burden and stress that was caused by the accident. If negotiations fail, then your lawyer can file a suit and bring the case before a jury or judge. A trial is a legal proceeding in which your lawyer for injury argues evidence and arguments to a judge or jury. If you are awarded a judgment, your attorney will make arrangements to collect the money.
Suffering and Pain
If you are
injured in an accident, it is not just the physical injuries you suffer. The emotional trauma can also be significant and lead to constant discomfort. It is also possible to have difficulties in adjusting to the new situation especially if you're left with a permanent disfigurement. This is often referred to as "pain and suffering."
It is hard to quantify in comparison to other economic damages, such as medical expenses loss of wages, pain and suffering and future earnings. However there are methods that your attorney can assist you determine the fair value of these damages.
Many states, like the state of California, use a multiplier to calculate the amount 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 will be higher when you've suffered an injury to your body or limb that was severe.
The per diem method is another way to determine the amount of suffering and pain. This involves determining an amount in dollars for each day you suffer from the
injury lawyers. Your lawyer will explain the different methods and help you determine which one is best for your particular situation.
Although proving the mental trauma and suffering is more difficult than proving financial losses, your attorney will attempt to provide tangible evidence of the hardship you have experienced. He or she might ask you to keep an eye on your emotional and/or physical pain to report it to a jury.
If your case goes to trial by a jury, you can anticipate that the jury will take a lot of time before deciding what they think is an appropriate amount to compensate for your pain and discomfort. A judge can modify the verdict of a jury in the rarest of cases.
Lost Wages
In addition to the cost of medical expenses and property damage victims may also be able to recover compensation for the loss of wages in a lawsuit against the person who was at fault. This is known as loss of earning capacity (LOSC). This damages award will cover the future income a victim could have received from promotions, raises or bonuses during their employment. It also includes the value of any fringe benefits, such as gym memberships or company vehicles.
An attorney for injuries can help you prove the full extent of your accident by providing pay receipts, tax returns and earnings statements. These documents will show the length of time you missed from work, and the hourly rate at which you typically earn per shift. If you were paid via commission, your lawyer could obtain additional evidence from business associates in order to establish how much you could have earned if had been able to continue working.
It is important to keep in mind that you're only entitled to wages lost that occurred because of your injury. This is in contrast to the more speculative types of damages, including emotional and punitive damages.
In the case of lost earning capacity, it is essential to get expert witnesses who will provide their opinions regarding your capability to fulfill your duties following the injury. This is a challenging job that requires the use of computer software to illustrate the differences between your present abilities and those you were able to perform prior to the accident. Your NY lawyer will use expert testimony to assist you in obtaining the correct lost wage damages award. They will also counter arguments made by the negligent party or their insurance companies that your injuries aren't sufficient to prevent you from working, based upon generic or statistical data.