What Is Injury Compensation?
The purpose of injury compensation is to help injured individuals pay for losses stemming from their work-related injuries. These losses include medical expenses and lost wages, as well as future income and loss of enjoyment of the life.
You can receive this money by two methods: either through a settlement or by filing a lawsuit. A lawyer will review the case and advise you which option is right for you.
Medical Treatment
Your claim for injury will comprise a large amount of medical treatment. The insurance company will cover reasonable and necessary medical care. This includes medical bills from health care providers and specialists. You may also be reimbursed for prescriptions and over-the counter medication, when you travel to and from medical appointments.
Depending on your injury, you might require assistive devices such as canes, wheelchairs or other special clothing. You can also claim expenses for home modifications, such as ramps and stair lifts. Medical expenses include diagnostic tests that are required to determine the severity of your injuries and to monitor your recovery. You may also claim the cost of any procedure required to treat your injury. The Workers' Compensation Board has medical treatment guidelines which doctors are required to adhere to. These guidelines permit your doctor to offer the majority of your care without requesting your insurance approval.
Following your doctor's advice can be a great help in your case. If the insurer or defendant is aware that you've been skipping appointments and playing tennis at weekends despite your alleged injuries, they could argue that your injuries aren't as severe as you claim. On the other hand, if you're constantly seeing health care professionals and receiving extensive medical treatments that they need to admit that your injuries are serious.
Lost Wages
Injuries are not only physically painful, but they can also be financially devastating as well. The costs associated with treatment can get expensive quickly, and victims of injuries have to contend with the loss of wages while they are recovering from their injuries. If your injury has forced you to not be able to work, you could be entitled to compensation for the time you've been unable to work.
The process of proving lost wages is a complex process and requires specific documentation. It is crucial to include copies of your pay stubs from the past as well as tax-related documents. injury law firm atlanta can use them to justify the total amount of income you have lost due to your injury.
Your lost wages may include your regular hourly wages or salary, the possibility of overtime bonus, commissions, and much more. They can also include any benefits you're not receiving anymore, such as free meals, car allowances, or health benefits.
You also have the right to compensation for the days you've had to use vacation or sick days to cover the days you've missed due to your injuries. Your lawyer can determine the fair value of these days and demand payment from the responsible party. If your injury is irreparable, your lawyer can also seek compensation for lost earning capacity. This is a more complicated procedure that requires you to hire an actuary or forensic accountant to show your loss of future earning potential.
Medical expense
Depending on the extent of your injuries, you may face high medical bills that can strain your financial health. Serious injuries may also prevent you from earning a living and working for a significant amount of time. This could put an financial burden on you and your family members.
You are entitled to compensation for all medical expenses related to your condition, including ambulance rides, doctor's visits, x-rays and hospital treatment. This includes supplies such as medications, orthopedic devices. You also have the right to reimbursement for transportation costs to and from medical appointments (including therapy). Keep receipts for all medical expenses. You will be reimbursed based on actual expenses.
To help negotiate, attorneys and insurance companies typically rely on your billed amounts as the basis to calculate medical special damages. They then multiply this number by an amount of 1.5 to 5 to calculate general damages. In general minor injuries will fall on the low end of the spectrum and long-lasting injuries are on the upper end.
The Kocian Law Group has the expertise to ensure that you receive the full amount of medical reimbursement you are entitled to. We will fight to convince insurance companies to cover the entire cost of the treatment your medical professional recommends -- even if the insurance company denies the legitimacy or necessity of the treatment.
Pain and Suffering
The injured party has the right to be compensated for the physical and emotional pain and suffering caused by his or her injuries. The physical pain and suffering injuries can be a result of future and past medical treatments. Mental anguish, discomfort, embarrassment, shock, and sadness are also possible.
It is difficult to put a cost on the pain and distress caused by an accident, especially when it is a result of permanent injuries such as being confined to wheelchairs or blinded. It is vital that victims of accidents have the support of an attorney to collect adequate evidence to demonstrate their loss.
In some instances, the party injured can agree to a settlement in order to avoid a trial. This is called a settlement agreement, and will usually involve an insurance company. The insurance company may employ a multiplier or per diem method to determine the amount of pain and suffering.
The courts employ both the multiplier method and the per diem method to calculate compensation for physical and emotional trauma caused by accidents. Both methods have their advantages and disadvantages, however the final amount will be determined by the jury. A skilled personal injury lawyer can assist injured victims of accidents find the right evidence to argue for fair compensation. The experienced attorneys at Adam S. Kutner & Associates can assist you with the investigation and preparation of your case for court or a settlement.