It's The Injury Litigation Case Study You'll Never Forget
What Is Injury Compensation?
Compensation for injury is the amount given to injured workers in order to cover their losses from workplace accidents. These losses include medical expenses, lost wages, future income, and loss of enjoyment of life.
You can receive this money through two ways: either through a settlement or filing an action. A lawyer will review the case and advise you which one is better for you.
Medical Treatment
Medical treatment is a crucial aspect of your injury claim. The insurance company will cover reasonable and essential medical treatment. This includes medical bills from medical professionals and specialists. The insurance company will pay for prescription and over-the-counter medications, as well as transportation costs to and from medical appointments.
Depending on the severity of your injuries, you could require assistive devices such as canes, wheelchairs, or special clothing. You may also be able to recover costs for home modifications, like stair lifts and ramps. Medical costs include diagnostic tests to diagnose injuries and monitor recovery. You may also be able to recover the cost of surgery that is necessary to treat your injuries. The Workers' Compensation Board has medical treatment guidelines that doctors must adhere to. These guidelines allow your doctor to provide the majority of your care without asking your insurer for approval.
Following your physician's advice can significantly help your case. If the defendant or insurance company finds that you've been skipping appointments and playing tennis at weekends despite the fact that you've suffered injuries, they may argue that your injuries aren't as serious as you claim. If you're regularly visiting medical professionals and getting intensive medical treatment in the meantime, they might need to admit that your injuries were serious.
Lost Wages
The effects of injuries are not just physically painful, but they can be financially devastating as well. The costs associated with treatment can quickly mount up as injured victims have to pay for lost earnings while they recover from their injuries. If your injury caused you to be absent from work, you could be entitled to compensation for the time that you've been unable to work.
Proving that you lost wages is a difficult process that requires specific evidence. In addition, to medical narratives it is crucial to use copies of your pay stubs and income tax documents. Your attorney can utilize these documents to establish the total amount of income that you've lost due to your injury.
Your lost wages can comprise your regular hourly wage or salary, overtime bonuses, commissions and much more. They can also include any benefits you are not receiving, like free meals, car allowances or health benefits.
You may also be able to claim compensation for days you missed due to injury, since you had to take sick or vacation leave to cover those days. Your lawyer can determine the fair value of these days, and then demand reimbursement from the responsible party. If your injury is long-lasting, your lawyer can also pursue compensation for future earning potential. This is a more complex procedure that requires the hiring of an accountant or forensic accountant to prove your loss of future earning potential.
Medical Expenses
You could be faced with large medical bills based on the extent of your injury. This can stress on your financial situation. A serious injury can also stop you from working and earning income for a long amount of time, which can put an extra financial burden on your and your family.
You are entitled to compensation for all related medical expenses such as ambulance rides, doctors' visits and xrays, hospital treatment, medication, supplies and orthopedic devices. You may also be eligible for reimbursement for travel costs to and from medical appointments, and also therapy. You must keep receipts for all medical expenses, as you'll be reimbursed according to actual expenses.
Insurance companies and attorneys frequently use medical bills from your doctor as a base point to calculate special damages. They will then multiply that number by the multiplier of 1.5 to 5, to calculate general damages. In general, minor injuries are at the lower end the spectrum, while more severe or long-lasting ones are on the top end.
The Kocian Law Group has the expertise to ensure that you receive the maximum amount of medical compensation you are entitled to. We will fight to force insurers to pay the entire cost of the treatment the health care provider recommends -- even if the insurance company disputes the necessity or reasonableness of the treatment.
Suffering and Pain
The injured victim is entitled to compensation for physical and emotional suffering. The physical pain and suffering injuries can be a result of the past and future medical treatment. The psychological discomfort and ache, shame, shock, and sadness are also taken into consideration.
It is difficult to put a cost on the pain and stress of an accident, particularly when it involves permanent injuries such as being in wheelchairs or blinded. It is crucial that victims of accidents be aided by an attorney when it comes to gathering the necessary evidence to prove their losses.
In certain cases, the party injured can settle a claim to avoid going to trial. In injury lawsuit jacksonville of cases, an insurance company will be involved in the settlement agreement. The insurance company may use either a multiplier or per diem method to calculate the pain and suffering damages.
The courts employ the multiplier method as well as the per diem method to calculate compensation for emotional and physical suffering resulting from accidents. Both methods have their advantages and disadvantages, however the final amount will be decided by the jury. An attorney who specializes in personal injury cases can help accident victims gather evidence to prove their claim. Adam S. Kutner & Associates lawyers can assist you in the investigation of your case, and then prepare the case for court or settlement.