Tag Archives: personal injury law

Personal Injury Lawyer FAQ: How Much Is Your Workers Compensation Case Worth

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If you sustained a serious injury at your place of work, you may be already looking to obtain workers’ compensation, without knowing exactly what this entails. There are slight differences in workers’ compensation laws from state to state, but basically the process is similar: you file a claim, this is reviewed for validity and, if approved, you begin collecting a monthly benefit. You may however be wondering how much this case of workers’ compensation is actually worth and will it be enough to cover medical bills and make up for lost wages?
There’s no simple answer to that. A lot of factors and details influence the amount you’ll end up getting out of your settlement. But understanding those factors could give you a sense of what to expect.

1. Severity of the injury

To begin with, benefit amounts will largely differ from one case to another, and this is largely depending on how severe an injury has been. In cases where an employee is left totally unfit for working duties, there will be a benefit calculated according to a fixed formula. If your injury limits your capacity to work without depriving you of it, the benefit will be calculated according to a rating system and you will be entitled to wage differential benefits.

2. State law

There may be some differences in the way the benefit amount is established from state to state. There is general consensus among most states that a worker rendered unfit for work is entitled to up to two-thirds of his average weekly income. In most states, however, the benefit amount is limited by a set average income.

3. Insurance company policy

In theory, workers’ compensation law is meant to provide quick and efficient compensation for medical bills and lost wages in the event of an injury sustained at work. From the insurance companies’ vantage point, it should make up for the minimum medical care and a certain amount of lost wages. Therefore, they may try to approach you and offer you a smaller settlement, thinking you’ll be desperate enough to accept it.
Be sure to consult with a personal injury lawyer before considering such an offer. A specialized lawyer can give you a clearer understanding of what your workers’ compensation case is really worth and ensure you won’t settle for less. A competent personal injury lawyer will take into consideration these and other factors (your age, education, personal injuries and your chances of physical and psychological recovery, your wages and work history) to give you a rough estimate of what you can hope for in compensation. If you enlist his help, he will assess the case as if it were going to trial, gather evidence and witnesses and may assist you in recovering more for your claim.
Bear in mind that a statute of limitations applies, so it is important to file for workers compensation as soon as you can. The longer you wait, the more likely you will be suspected of fraud when you do file a workers’ compensation claim.

Ways an Accident Attorney Can Help You Claim Workers’ Compensation

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Statistics show workplace accidents and injuries are common, though traumatic, occurrences. Even if they may seem more common in some fields, the risk of getting injured cuts across professional divides. Worse yet, in the case of a work-related injury, the physical pain and mental anguish are compounded by the financial burden (doctors’ bills and lost wages) and the legal hassle the worker is faced with. At times like this, the help of a workplace accidents lawyer may prove invaluable.

In theory, if you sustained an injury on the job, you are entitled to workers’ compensation. However, given the intricacies of the legal system, you may need an experienced accident attorney to guide you through the process and help you get your claim.

Here is what you should know about workers’ compensation and the ways in which a specialized workplace accidents lawyer can help you file a successful claim.

What is workers’ compensation?

Workers’ compensation is a special insurance system that pays benefits to workers who sustain work-related injuries. The insurance is supposed to cover medical bills, damages in case of permanent disability and loss of salaries or wages.

What types of injuries are covered?

The most obvious type is a physical injury resulting from a workplace accident. For instance, a construction worker might end up with severe fractures after falling from a considerable height because of some security mishap. Though manual laborers might seem more prone to such injuries, an office worker is as likely to sustain a direct injury.

A more subtle type of injury is a work-related illness, which can range from carpal tunnel syndrome to various forms of cancer caused by exposure to toxic materials on the job.

In the latter case, it may be more difficult to get compensation, because the employee has to provide evidence that the illness was caused by factors in the workplace.

Who is eligible for workers’ compensation?

Although workers’ compensation covers various types of injuries, certain criteria should be met when filing a claim for compensation. Employers should provide clear information concerning the rights and benefits of employees, including who is eligible for workers’ compensation. However, if in doubt about eligibility, you might start by requesting the respective information from the Human Resources department.

The next step would be consulting a specialized accident attorney who can analyze your case and provide advice as to the best course of action.

Ways a workplace accidents lawyer can help

A seasoned workplace accidents lawyer can assess the fair compensation you are entitled to, which may include compensation for lost wages, and help steer your course through the legal hassle.

A competent accidents lawyer will begin by gathering all of the necessary information and evidence concerning the accident, including photos of the site, names and contacts of witnesses, medical records, etc. Lawyers generally work together with doctors in such cases. However, the worker should also keep a careful record of injuries, interactions with the company’s HR or legal department, X-rays, or a journal of symptoms.

Based on this body of evidence, the lawyer can finally file the claim for compensation. More often than not, such claims are settled before going to court, as most companies prefer to avoid lawsuits. However, if the matter is taken to the court, the accident attorney should defend his client’s interests in court as well, ensuring he/she gets fair compensation for the injuries sustained.

Medical Malpractice Accidents and Surgical Errors: A Few Things to Know and How Can a Lawyer Help You

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When our health and welfare are at risk, our future pretty much depends on prompt, high-quality medical services ensured by trained professionals. Unfortunately, medical errors cannot be considered isolated incidents. Alarmingly high numbers revealed by recent studies on medical malpractice threaten our peace of mind, indicating that no less than 195,000 people lose their lives on an annual basis as a result of an incorrect medical intervention all across the U.S. Moreover, the same statistics highlight the fact that up to 19,000 malpractice cases are instrumented annually on American territory, triggering an astonishing 324 million dollars in hospital costs and supplementary expenses generated by major medical errors. In this context, it goes without saying that the victims of medical malpractice require expert guidance and flawless legal representation provided by a skilled accident attorney.

How and when to file a medical malpractice claim

If your life has been irreparably impacted by a medical error committed by a nurse, a doctor, or any other type of medical staff member, you should find a way to obtain the maximum compensation for your pain and suffering. Most victims know very little or nothing at all about the process that will inevitably become a lengthy battle in court. This is one of the reasons why they should count on a competent accident lawyer who has the expertise and the skills required to obtain the largest settlements in a case of medical malpractice. There are numerous medical errors that could put your life, safety, health, and well-being on the line. Here are some of the most common ones:

  1. Anesthesia administration errors
  2. Starting a medical intervention without obtaining consent
  3. Failure to diagnose a certain medical problem
  4. Failure to treat a particular health problem in a correct, timely manner
  5. Surgical errors
  6. Medical prescription errors
  7. Medical negligence in the emergency room resulting in additional health risks and complications

How can an accident attorney help me obtain the maximum compensation?

You can save time, money, and energy by simply contacting an accident attorney who will analyze the particularities of your case, enabling you to

  1. Determine who is responsible for your injuries
  2. File a complaint against the doctors, nurses, or other medical staff members involved in your care
  3. Get ready for your hearing (prepare all witnesses, handle all paperwork, conduct extensive research, help you comply with courtroom internal regulations, and so on)

All in all, an experienced accident lawyer will know how to make the most of compelling evidence to support your case in court, allowing you to obtain a more than satisfactory settlement. It is important to know that all information shared with your attorney will remain confidential. Moreover, one could easily find a law firm specialized in solving medical malpractice cases that embraces a “no-win, no-fee” (contingent fee) system, meaning that the accident lawyers will charge a fee for their services only after a successful lawsuit.

 

 

Kinds of Auto Accidents Damages that Are Acceptable in Court

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If you have been involved in an incident, have been harmed and are looking to pursue a claim for damages, there are many options available.

In order to win a personal injury lawsuit, you and your lawyer will have to prove without a doubt that: 1) the other driver had a duty of care, in other words, they had a responsibility to avoid the incident; 2) the other driver exhibited signs of sheer negligence; 3) you were injured or suffered some sort of damage.

Speaking of damages, these are directly related to the kind of compensation you will receive. In some cases, state laws will allow you to get an additional compensation for punitive damages, which means your attorney will have to prove that the other driver exhibited clear signs of negligence before the accident occurred.

The main types of damages acceptable in court and paid by insurance policies are:

1)      Medical expenses

Auto accidents can cause minor injuries but they also can bring about major ones that will cause disability, even death. Even if you make a full recovery following such an incident, you can request compensation to cover your past, present and even future medical expenses, including surgery, consultation and therapy. You may want your physician to assist in calculating the extent of treatment you may still need, in case of a longer period recovery process.

Additional costs may entail the services of a nurse, cleaning service, therapist or recovery assistant for temporary or permanent disability.

2)      Damage to property

These costs may involve car repair fees as well as other personal property replacement or repair costs. A specialized lawyer will be able to assist in putting together a list with all the damaged goods as a result of your car accident.

3)      Loss of employment and/or wages

If the injuries you suffered as a result of an auto accident have prevented you from going to work, you may file for loss of wages. Even if you were unemployed at the time of the incident but you can provide proof of how much you could have earned in that time, you are entitled to compensation. Additional costs can be calculated if you had to take time off for doctor’s appointments or therapy sessions.

4)      Personal pain damages

A good lawyer will have to be able to prove that you have suffered not only physical pain as a result of an incident, but that you were also subject to psychological pain, anxiety, stress and humiliation. Also, in the case of physical afflictions, the longer the full recovery takes, the bigger the claims can be.

There are also additional damages, such as loss of affection, when you have lost someone in a car accident. In this case, you or your family can file a wrongful death lawsuit. Loss of life compensation is calculated in conjunction with insurance companies and a court specialist and based on a number of factors, such as the dead person’s age, earning potential and so on.

If you are wondering how much compensation you actually deserve, you should first consider the type of damage that was inflicted upon you. A reliable attorney with a long line of winnings in such auto accidents claims will be the best ally on your corner, in this case.

What Happens in Legal Proceedings

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Personal injury law is an enormous field and encompasses many different types of accidents. The purpose of contacting an attorney after a substantial accident is to ensure that you obtain the appropriate compensation for the injuries you might have sustained. Legal proceedings are very common in the personal injury field and lawyers will not typically take on your case if they do not think you have a chance of winning. It may take a while before legal proceedings begin as all technicalities and the appropriate steps must be addressed. The most important thing is to work with an attorney that keeps you up to date on the status of the case and for you to supply the attorney with the necessary information to proceed.

Personal Injury Legal Proceedings

There are two types of common proceedings. One is known as an informal settlement, which is the most common way that personal injury cases are settled. If through negotiations, both parties are unable to reach a settlement, then the case may be filed as a formal lawsuit which tries the case in front of a judge and jury.

  • Settlements – In the proceedings that follow for a settlement, both of the parties – the plaintiff (injured) and the defendant (responsible party) and their respective attorneys and insurance companies meet. Negotiations usually take a bit of time, with both parties offering different settlement terms. Once a settlement is reached, however, both parties will sign a written agreement. The written agreement will outline the terms of the settlement and agree to forego any other type of legal action such as a formal lawsuit.
  • Lawsuits – in the event that the personal injury case cannot be solved through negotiation and a subsequent settlement, the personal injury lawyer will advise whether it is worth it to bring the case before a court. In this event, the parties will no longer negotiate, although it is not uncommon to settle the case midway through the proceedings if the evidence is sufficient enough. In a lawsuit, the evidence is presented in front of a judge, jury or both – depending on the type of lawsuit that is filed – and each party has the opportunity to present their case. The judge or jury will determine the amount of the settlement if the plaintiff is successful in presenting their evidence and proving that the defendant was, in fact, responsible for the injuries sustained.

Evidence is a crucial part of any personal injury case because your personal injury lawyer has to have all of the details about the case. How did they injury happen, are there lasting results? These are important questions that will define the amount of the settlement. In cases where fatalities occur or where there is an ongoing need for medical care, settlements tend to be higher than those where the injuries were minor. Speaking with a personal injury lawyer will give you an indication as to where you stand with your case. Knowing what to expect is part of the surrounding of any legal proceeding, especially in cases where you have been injured.

Contact our San Diego personal injury attorneys today by calling (619) 325-7555 or visiting us online at www.sandiegoaccidentlawcenter.com.

Para Españoles:  http://www.autoaccidentes.com