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How an Injury Lawyer Can Help

Whether you are looking to get compensation for medical bills or lost wages, or to recover suffering and pain, an injury lawyer can assist. They are also able to handle aggressive tactics employed by insurance companies, and even health care professionals.

Injury lawyers often choose to concentrate on a specific area of the law. This enables them to gain an extensive knowledge and understanding of the area.

Damages

When you suffer an injury because of someone else's negligence, the resulting damages can cause financial, physical and emotional pain for your family and you. A personal injury lawyer is able to assist you in recovering these losses by way of filing an accident lawsuit or claim against the party responsible. Damages are the remedy that you seek from the wrongful defendant and are categorized as punitive, compensatory, or general.

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

Expert witnesses and a physician can also estimate the cost of future medical expenses and loss of quality of life. It's important to keep detailed records and receipts when documenting these costs. Your injury attorney may also consult with medical experts to understand your specific medical condition and limitations, as well as the likely consequences for your future.

Valuing non-economic damages such as pain and suffering is more difficult. It's important to work with an experienced injury lawyer who can put a fair dollar value on your injuries and needs. This includes the loss of enjoyment of life and emotional stress.

Your lawyer can attempt to settle your case with the insurance company of the defendant before trial. The goal is to negotiate an acceptable settlement quickly to ease the financial burden and stress that was caused by the accident. If negotiations are unsuccessful, your lawyer could file 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 prevail in a court and your lawyer is awarded the money, your lawyer will make arrangements to receive the settlement.

Suffering and Pain

If you are injured in an accident, it is not just the physical injuries that you are suffering. Trauma to the emotional part can be important and can cause chronic discomfort. Additionally, you could have difficulty adjusting to the new lifestyle, particularly if your injury causes lasting disfigurement. It is often referred to as "pain and discomfort."

Unlike the more tangible economic damages, such as medical bills, lost wages and the loss of future earnings, the pain and suffering is hard to quantify. There are ways your attorney can assist in determining the fairness of these losses.

For example there are many states that use the multiplier method to determine the amount of pain and damages you are entitled to. They multiply your total economic losses by a number ranging from 1.5 to 5. The multiplier is higher when you've sustained a severe physical injury.

Other methods of calculating pain and suffering include the per diem method where a certain dollar amount is allocated to each day that you suffer the injury. Your lawyer can explain these diverse methods and help you choose which one is best suited to your situation.

Your lawyer will do everything in his power to prove the mental suffering you have suffered. For instance, he might ask you to keep a record of your emotional and physical distress so that you can explain the pain in detail to the jury at trial.

If your case goes to trial, you can anticipate the jury to take several hours deliberating what they consider to be a fair amount of money to cover your pain and suffering. In some cases, a judge can alter the verdict of the jury, but this is extremely rare.

Lost Wages

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

An injury lawyer can help you demonstrate the full impact of your injury lawsuits by presenting pay statements, injury tax returns, and earnings statements. These documents will show how much time you didn't spend at work, as well as what you typically earn per hour. If you were paid on commission, the attorney may obtain additional evidence from your business associates in order to show the amount you could have earned had you been working.

It is important to understand that you only have the right to the lost wages that resulted from your injury. This is in contrast to the more speculative kinds of damages, including punitive and emotional damages.

In the event of a loss of earning capacity, it is crucial to obtain expert witnesses who will provide their opinions on the ability of you to perform your job following the injury. This is a challenging task that requires the use of computer software to show the differences between your present abilities and those you had prior to the accident. Your NY injury lawyer will use experts' testimony to ensure you receive the right lost wage awarded. They will also counter arguments made by the negligent party or their insurance companies that your injuries aren't enough severe to prevent you from working, based upon generic or statistics.