How an Injury Lawyer Can Help
If you're trying to secure compensation for medical bills and lost wages, or for suffering and pain, an injury lawyer can assist. They can also deal with aggressive tactics employed by insurance companies and even some health experts.
Lawyers for injuries often opt to concentrate on a specific area of law. This lets them gain extensive knowledge and expertise in the field.
Damages
When you suffer an injury due to the negligence of another and the resulting damage can cause physical, financial and emotional strain for you and your family. A personal injury lawyer is able to help you recover these losses through the process of filing a lawsuit or claim against the party responsible. Damages are the remedy that you seek from the wrong defendant and are categorized as punitive, compensatory or general.
Compensatory damages can be measured costs that can be substantiated in specific dollar amounts like medical bills and lost wages. A jury or judge can assess these costs and calculate an appropriate amount to pay you.
Future medical expenses and loss of quality of life could be estimated using physician's testimony and expert witnesses. It is important to keep meticulous records and receipts when documenting the costs. injury case brockton for injuries may consult with medical professionals to better understand your specific diagnosis limitations, and the probable impact on your future.
The assessment of non-economic damages like pain and suffering is more difficult. It is important to work with a lawyer who has experience in valuing the value of injuries and needs. This includes mental distress and loss of enjoyment life.
Your attorney can resolve your case with the defendant's insurance company before trial. The aim is to secure you an acceptable settlement as quickly as you can to alleviate your financial burden and stress brought on by the accident. If negotiations fail, then your lawyer can start a lawsuit and present the case before a judge or jury. A trial is a legal process where the lawyer representing you in the case presents evidence and arguments to a judge or jury. Your lawyer will help you arrange the payment in case you win a judgement.
Suffering and Pain
If you are injured in an accident, it is not only the physical injuries you are suffering. Emotional trauma can be very important and cause constant discomfort. In addition, you might also have difficulties adjusting your new life, particularly when your injury is causing permanent disfigurement. This is often referred to as "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 ways your attorney can help in determining the fair value of these expenses.
For instance many states employ a multiplier method for calculating the amount of pain and suffering damages you're entitled to. They multiply your total economic losses by a figure that ranges from 1.5 to 5. Typically the more severe physical injuries you suffer then the higher the multiplier will be.
The per diem method is another way to determine the amount of pain and suffering. This is the process of assigning the amount of money for each day that you suffer an injury. Your lawyer can explain the various methods and help you determine which one is most appropriate for your specific situation.
Your lawyer will do everything possible to prove the mental distress that you've experienced. For instance, he may require you to keep a log of your physical and emotional distress so that you can be able to describe the pain in detail to the jury in court.
If your case is put to trial, you can expect the jury to spend several hours deliberating what they believe is a fair amount of money to compensate you for your suffering and pain. A judge can alter a jury decision in very rare circumstances.
Lost Wages
In addition to medical expenses and property damage, victims may get compensation for lost wages through lawsuits against the at-fault party. This is known as loss of earning capacity (LOSC). The damages award is based on future earnings from promotions, raises, and bonuses that the victim would have received during their current job, and includes the value of fringe benefits such as gym memberships, use of a company vehicle or electronic equipment loaned by the company.
An attorney for injuries can help you prove the full extent of your injury by presenting pay receipts, tax returns and earnings statements. These documents can reveal how much time you've missed at work, as well as what you typically earn per hour. If you were paid on commission, the attorney may request additional evidence from your business associates to show the amount you could have earned had you been capable of working.
You are only entitled to the lost wages that were actually caused by your injury. This is distinct from more speculative types of damages, including punitive and emotional damages.
In the event of loss of earning capacity, it is essential to obtain expert witnesses who can give their opinions regarding your capability to fulfill your duties following the injury. This is a difficult task and requires the use of computer software that can show the difference between your present abilities and those you had prior to the accident. Your NY injury lawyer will utilize expert testimony to assist you in obtaining the correct lost wage damages award. They will also counter arguments that are made by the responsible party or their insurance companies that your injuries are not severe enough to keep you from working, based on general or statistics.