How an Injury Lawyer Can Help
An injury lawyer can assist you in obtaining compensation for medical expenses, lost wages or pain and suffering. They can also help you deal with aggressive tactics employed by employers, insurance companies and even some health professionals.
Lawyers who specialize in injury often focus on a particular area of law. This gives them the ability to acquire extensive understanding and expertise in the field.
Damages
If you or your family suffers an injury due to someone else's negligence the resulting damage could cause physical, emotional and financial difficulties. An attorney for personal injuries can help you recover your losses by filing a lawsuit, or a claim against the party responsible. Damages are the relief you seek from the negligent defendant and are classified as punitive, compensatory, or general.
Compensatory damages are quantifiable costs which can be documented in specific dollar amounts for medical bills and lost wages. A judge or jury will examine these expenses and determine an amount which is fair to compensate you.
Expert witnesses and a doctor can also estimate the future medical expenses and loss of quality of living. It is important to keep meticulous documentation and receipts for these costs. Your injury lawyer will consult with medical experts to determine your diagnosis and limitations as well as the expected impact on your life.
Valuing non-economic damages such as pain and suffering is more difficult. It is crucial to work with an experienced lawyer who can establish an accurate dollar value on your injuries and needs. This includes mental anguish and loss of enjoyment of life.
Your lawyer can attempt to settle the case prior to trial with the defendant's insurer. The goal is to obtain you a fair settlement as fast as possible in order to alleviate your financial burden and stress brought on by the accident. If negotiations fail, then your lawyer can file a suit and bring the matter before a judge or jury. A trial is a legal process where your injury lawyer presents evidence and arguments to a judge or jury. If you get a verdict, your attorney will arrange to collect the money.
Pain and Suffering
There are more than physical injuries when you are injured in an accident. Trauma to the emotional part can be significant and cause ongoing discomfort. In addition, you may have difficulty adjusting to the new lifestyle, particularly if your injury causes lasting 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 as well as lost wages and future earnings. There are ways your attorney can aid you in determining the fairness of these losses.
For example, many states use an algorithm called a multiplier to calculate the amount of pain and suffering damages you are entitled to. They take your economic losses and multiply them by a number ranging from 1.5 and 5. The multiplier will be higher when you've sustained an injury to your body or limb that was severe.
The per diem method is another method to determine the amount of pain and suffering. This involves assigning an amount of dollars per day you experience an injury. Your lawyer will explain the different methods and help you determine which one is most appropriate for your particular situation.
Your attorney will do everything to prove the mental pain that you've experienced. The attorney may ask you to keep records of your emotional or physical distress in order to describe it to the jury.
If your case goes to trial by a jury, you can anticipate that the jury will take a significant amount of time to decide what they think is an appropriate amount to compensate for your discomfort and pain. In certain cases judges may modify the jury's decision, however it is very rare.
Lost Wages
In addition to medical expenses and property damage, victims may receive compensation for lost wages through a lawsuit against an at-fault party. This is referred to as loss of earning capacity (LOSC). This damages award is based on the future income the victim might have earned from promotions, raises or bonuses as part of their regular job. injury lawyer fresno includes the value of fringe benefits, like gym memberships, or company vehicles.
An attorney for injuries can help you to prove the full impact of your accident through pay bills, tax returns and earnings statements. These documents can show the amount of time you were away working and how much you usually earn per hour. If you were paid via commission, your lawyer could seek additional evidence from business associates to establish how much you could have earned if could have continued working.
You are only entitled to the lost wages that are actually the result of your injury. This is in contrast with the more speculative damages which can be awarded, including emotional distress and punitive damages.
It is essential to have an expert witness that can give their opinion on your ability to perform the job duties that you were performing prior to your accident. This can be a difficult task that will require computer software to show you the difference between your current abilities as compared to what you had prior to the accident. Your NY injury lawyer will utilize the testimony of experts to ensure you receive the appropriate lost wage damages awarded. They will also counter arguments made by the negligent party or their insurance company, that your injuries were not serious enough to keep you from working on statistics or generic data.