วันจันทร์ที่ 4 มกราคม พ.ศ. 2553

NY ACCIDENTS - Is there a maximum amount of money they can recover for my injuries?

The short answer is no. The answer is maybe more. Hows that speak to the lawyer twice? But here's what I mean:

If you bring a lawsuit to get money to compensate for your injuries, there are different types of compensation received that you are looking for. First, I will talk about compensation "affordable." This means that if you earn say $ 75,000 a year and were no longer able to work, you can calculate exactly how much money you would have earned during theThe course of your life. We would have what privileges and benefits that you receive from your job, then the probability that it takes its position in your company, or remain the same assessment. We see the possibility of promotions and the likelihood that your income would go as you climb the career ladder. The "damage" are easy to calculate.

Another aspect of "economic" compensation for your medical bills. In any serious accident and medicalMalpractice case in New York is the prejudice that have undoubtedly require further medical or surgical correction. If the doctor and medical expenses for something that never happens to you if you do not pay for someone else's fault? The answer is not certain. Well, the cost of your medical and hospital expenses? In a personal injury action, like a car accident, a trip and fall, an accident or medical error due to injuryOffender is to pay. Your lawyer usually also entitled to claim medical expenses in your report you are looking for the money you had to pay for it themselves.

What happens if the insurance pays for medical expenses and treatment for the injuries? In some cases, your insurer may try for the money paid to doctors and hospitals are paid back on your behalf. In the world of law, this is known as "the right of a knownSubrogation. "In an article I read recently accused of insurance from" double dipping "of their clients to this practice. What I mean by that? The author argues convincingly that customers pay their premiums health insurance per month. The reason they do this to ensure that, if they need medical care, their health insurance will pay for medical expenses. This is a contractual agreement that the health insurance company has withYou, the customer. Well, here is interesting. If you are injured by a doctor in New York and then complain that the doctor for damages, and part of the compensation you are looking retrieve 'medical expenses and medical expenses, insurance, and in some cases, be able to legally ask to report that the price they paid on your behalf. OK, you say. You already know that from my statement above. What is so unusual that said, this author is an acronym for "double dipping?"

The"Double dipping" occurs because the insurance company obtains insurance from you. In order to take your money in exchange for their promise to pay medical expenses. If you are injured and go to the doctor or hospital, but actually pay the bills (with the exception of a franchise, you are not yet obligated) to pay. So far, everything is as it should, as it should be. However, if you try to bring a process that the money for medical expenses to recover the insurance companyshows his hand and says: "Hold on ... you must return the money we spent on you." Say now that have been successful in your application and you get the money in your pocket for your medical bills. If you do your insurance company repays the money he asked, now you have paid back the money, it's true. But ... that legally and contractually obligated to pay the medical bills because of the premiums to be paid each month.Nowhere in any contract of health insurance you need to say: "We only pay for medical expenses, if there is anything of an accident or medical negligence." You are required to pay medical expenses, regardless of the cause of the injury. Why should something that will be reimbursed under contract to pay? It is there that the argument about double dipping in the game

We're going back to the amount of money you can recover these costs in the end. In other words, we know howThey spent a lot of money for doctors and medical bills. However, you can ensure your future is uncertain. You may need further treatment or surgery in the future. Could result in additional medical costs that now appreciate how much they cost. What happens when medical devices, such as a wheelchair or a prosthesis must be changed every few years? Maybe you need a walker or a hospital or oxygen, or pump pain control. Have dollar values. What happens if the promise ofstill alive 30 years? How much is the cost in 10 points, 20 or 25 years? For them the costs should be calculated, we use a principle known as somebody who's an economist who studies the value of money. The project cost of expert assistance to what is in these elements and medical course of your life. The economist is lost and inflation and items on his income, your earnings and your future earning capacity. We understand that today the value of a dollarChange over time. With these projections, we calculate a series of economic damages suffered because of your injuries.

"Non-economic damages:

This part of the prize money is for pain and suffering that has occurred from the time of the accident until the time of trial. Future pain and suffering is the money that you are looking for is the pain, disability, loss of zest for life and the suffering that the future development and for the foreseeable future. ItThis part of the hammer price that you are looking for, which can be virtually unlimited. Why do I say this? Since there is no set guidelines that each trial judge tell a jury that the pain and suffering is worth only "X" dollars and not give a penny more. Indeed, a court will give no indication of what the award for pain and suffering. For the decision of the jury must rely on their good sense and their collective experience. Lawyers may suggest aNumber, or perhaps even a series of what they should hear the award for pain and suffering. One can expect that the defenders of the jury or ask a question of price on the periphery.

The defense has a network SAFETY:

Suppose that a jury in Brooklyn and the Bronx and Queens and Manhattan bonus is a sum of money to compensate outrageously sorrow for your past and future suffering. This means that the next day you will receive a check from the defendantInsurance? Wishful thinking. Since the first safety net for protection and when I ask the trial judge to (1) launch the verdict (2) the reduction of the premium clearly say that the amount is different than the issue of "reasonable" compensation for your injuries or (3) Send the matter to the Court again for another jury to decide how much money you are eligible. Your lawyer, of course, the struggle each of these applications. If the judge reduced the award to the process, you do think you'reto obtain the control so fast? Think again. The second safety net for the defense to appeal the ruling and the decision of the trial judge to reduce the premium a. The defense will be the case by the Appeals Chamber of the Supreme Court of Appeal of the State of New York. The appeal court has many options available. You can launch the case, in which case you get nothing. You can determine that the award is substantially different from what a comfortable salary and send the matterStudy on new attempts. You can lower the price, and in some limited cases, increase the price because they feel inadequate award.

So, back to the initial question in the title of this article: "There is a maximum amount that you recover for your injuries?" The long answer is maybe, but not to go on defense, "safety net" for your participation on the border that you feel forgotten to a court of appeal is appropriate for your injuries.

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