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How an Injury Lawyer Can Help If you're trying to obtain compensation for medical bills as well as lost wages or pain and suffering, an injury lawyer can help. They can also help you deal with aggressive tactics employed by insurance companies and even some health professionals. Lawyers who specialize in injury choose to specialize in their field. This allows them to acquire an extensive knowledge and understanding of the field. Damages If you suffer an injury due to the negligence of someone else and the resulting damage can result in physical, financial and emotional strain for you and your family. A personal injury lawyer can help you recover your losses by filing a lawsuit, or a claim against the responsible party. Damages are the compensation you seek from the negligent defendant. They can be classified as punitive, compensatory, or general. Compensatory damages can be measured costs which can be documented in specific dollar amounts, such as medical bills and lost wages. A jury or judge can evaluate these expenses and calculate an appropriate amount to pay you. Expert witnesses and a physician can also calculate future medical expenses and loss of quality of living. It is crucial to keep precise records and receipts to document the expenses. Your lawyer for injury will consult with medical professionals to determine the diagnosis, limitations, and expected impact on your life. Value of non-economic damages, such as pain and suffering is more difficult. It is important to find an attorney who has experience in valuing injuries and needs. This includes mental trauma and loss of enjoyment of life. Your lawyer may try to settle the case prior to trial with the insurer of the defendant. The goal is to reach a fair settlement quickly to alleviate you of the financial burden and stress caused by the accident. If negotiations fail, your lawyer may file a suit and bring the matter before a jury or judge. A trial is a legal proceeding where the lawyer representing you in the case presents arguments and evidence to a judge or jury. Your lawyer will help you arrange the payment if you win an award. Pain and Suffering If you are injured in an accident, it is not just the physical injuries that you suffer. The emotional trauma can be significant and lead to ongoing discomfort. You might also experience difficulty getting used to your new routine, particularly if you are left with a permanent disfigurement. It is often referred to as “pain and discomfort.” Unlike the more tangible economic damages, such as medical bills, lost wages and future loss of earnings, pain and suffering is difficult to quantify. There are ways your attorney can assist you in establishing a fair value of these damages. For instance the majority of states use a multiplier method to calculate the amount of pain and suffering damages you are entitled to. They multiply your economic losses by a number that ranges from 1.5 to 5. Typically, injury lawyer napa suffer and the more severe the physical injuries, the greater the multiplier will be. Other methods of the calculation of pain and suffering are the per diem method where a certain dollar amount is allocated to each day that you suffer the injury. Your lawyer can explain the different methods and help you decide which one is appropriate for your particular situation. While proving mental pain and suffering is more difficult than proving financial losses, your attorney will be able to present concrete evidence of the suffering you've experienced. For instance, he or she might request that you keep a record of your emotional and physical pain so that you can describe the pain in detail to the jury in court. If your case goes to trial, you can expect the jury to spend several hours deliberating what they believe is a fair amount of money for your pain and suffering. A judge could alter the verdict of a jury in some rare cases. Lost Wages In addition to medical expenses and property damage, victims may recover compensation for lost wages through lawsuits against the at-fault party. This is referred to as loss of earning capacity (LOSC). This damages award will cover the future income victims could have gotten from promotions, raises, and bonuses as part of their regular job. It also includes the value of any fringe benefits, such as gym memberships or company vehicles. An injury lawyer can help show the full impact of your accident through pay bills, tax returns and earnings statements. These documents will show the duration of your absence from work, as also the hourly rate you typically earn per shift. If you were paid via commission, your attorney could obtain additional evidence from business associates in order to show how much you could have earned if you were able to continue working. It is important to keep in mind that you are only entitled to the loss of wages that resulted from your injury. This is distinct from more speculative types of damages, for instance punitive and emotional damages. In the case of lost earning capacity, it is necessary to have expert witnesses who can give their opinions about your capacity to fulfill your duties after the injury. This can be a complex task that requires the use of computer software that can show the differences between your present capabilities and the ones you were capable of before the accident. Your NY injury lawyer will rely on the testimony from experts to help you receive the appropriate lost wages damages award. They will also counter arguments that are made by the responsible party or their insurance companies that your injuries are not sufficient to prevent you from working, based on generic or statistical data.