How an Injury Lawyer Can Help

If you're looking to claim compensation for medical bills or injury lawyer lost wages, or to recover suffering and pain, a injury lawyer can assist. They can also assist with aggressive tactics employed by employers, insurance companies and even some health care professionals.

Injury lawyers often choose to specialize in a particular area of law. This gives them the ability to acquire extensive knowledge and experience in the field.

Damages

If you or your family suffers an injury as a result of negligence by someone else, the damages could result in physical, emotional and financial hardship. A personal injury lawyer is able to assist you in recovering these losses through the process of filing a claim or lawsuit against the responsible party. Damages are the remedies you seek from the negligent defendant. They are classified as punitive, compensatory or general.

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

Future medical expenses and loss of quality of life could be assessed using a physician's testimony and expert witnesses. It's important to keep detailed records and receipts to document these expenses. Your injury lawyer will consult with medical experts to determine your diagnosis, limitations, and expected impact on your life.

It's difficult to determine the value of non-economic damages like discomfort and pain. It's important to work with an experienced injury attorney lawyer who can place an appropriate dollar value on your injuries and requirements. This includes the loss of pleasure of life as well as mental anxiety.

Your lawyer can attempt to settle your case before trial with the defendant's insurer. The aim is to negotiate a fair settlement quickly to alleviate you of the financial burden and stress that was caused by the accident. If negotiations fail, your lawyer may file a lawsuit and bring the case to trial. 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 work out a plan to receive the settlement.

Suffering and Pain

You could suffer more than physical injuries when you are injured in an accident. The emotional trauma can also be significant and cause persistent discomfort. You may also have difficulty adapting to your new lifestyle especially if you're affected by a permanent disfigurement. This is often referred to as "pain and suffering."

In contrast to the more tangible economic damages such as medical bills, lost wages and the loss of future earnings, the cost of suffering is difficult to quantify. However there are ways your attorney can assist you establish a fair value for these expenses.

Many states, for example the state of California, use 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 figure which ranges from 1.5 to 5. The multiplier is greater in the event of serious physical injuries.

Other methods of measuring pain and suffering includes the per diem method, where a certain dollar amount is assigned to each day you spend experiencing the injury. Your lawyer can explain these different methodologies and help you determine which one is best suited to your particular situation.

Your lawyer will do everything to prove the mental pain you've suffered. The attorney may request that you keep the track of your emotional and/or physical discomfort in order to present it to the jury.

If your case goes to trial, you can anticipate the jury to take a long time deliberating over what they think is a fair amount of money to compensate you for your pain and suffering. In some cases the judge may alter the jury's decision, however this is extremely rare.

Lost Wages

In addition to medical expenses and property damage, victims may recover compensation for lost wages through a lawsuit against an at-fault party. This is referred to as loss of earning capacity (LOSC). The damages award is based on future earnings from promotions, raises and bonuses that a victim could have earned in their regular employment, and includes the value of fringe benefits such as gym memberships, the use of a company vehicle, or the loan of company-owned electronics.

An injury lawyer can help you prove the full extent of your accident by providing pay statements, tax returns, and earnings statements. These documents can reveal how much time you missed working and how much you are typically earning per hour. If you were paid a commission, your attorney could seek additional evidence from business associates in order to prove how much you could have earned if you could have continued working.

You are only entitled to the lost wages which were caused by your injury. This is in contrast to the more speculative types of damages, like emotional and punitive damages.

In the case of lost earning capacity, it's essential to have expert witnesses who can offer their opinion on your ability to perform your job duties following the injury. This is a difficult task and will require the use of computer software to illustrate the differences between your present capabilities and those that you were able to perform prior to the accident. Your NY injury lawyer will use the testimony of experts to assist you in obtaining the appropriate lost wage damages awarded. They will also address arguments that are made by the responsible party or their insurance companies that your injuries aren't sufficient to stop you from working, based on general or statistical data.