What Is Injury Compensation?
The purpose of injury compensation is to help injured people pay for losses that result from workplace-related accidents. These losses include medical expenses as well as lost wages, future income and loss of enjoyment of life.
You can get this money in two ways: through a settlement or filing a lawsuit. A lawyer can analyze your case and advise you on which option is best for you.
Medical Treatment
Your claim for injury will comprise a substantial amount of medical treatment. The insurance company will pay for reasonable and necessary medical treatment. This includes medical bills for health care providers and specialists. The insurance company will also reimburse you for prescription and over-the-counter medicines, as well as expenses for travel to and from medical appointments.
Depending on the nature of your injury you may need assistive aids such as canes, wheelchairs or other special equipment. You can also claim expenses to make home modifications like ramps and stairlifts. Medical expenses comprise the cost of diagnostic tests that are essential to determine the severity of your injuries and monitor your recovery. You can also claim reimbursement for any procedure needed to treat your injury. The Workers' Compensation Board has guidelines for medical treatment that doctors must follow. These guidelines permit your healthcare provider to provide most of your treatment without asking the insurance company for authorization.
Following your doctor's advice can be extremely beneficial in your case. If the defendant or insurance company finds that you've been avoiding appointments or playing tennis on weekends despite claims of injuries, they'll argue that your injuries are not so serious as you'd like to think. On the other hand, if you're constantly visiting health professionals and undergoing extensive medical treatments, they will have to acknowledge that your injuries are serious.
Lost Wages
The physical pain of injuries can be intense however they can also be financially devastating. The costs associated with treatment can add up quickly, and those who suffer injuries must also contend with losing wages while they are recovering from their injuries. If you've been unable to work due to an injury, you could be entitled to compensation.
Proving the loss of wages is a complex procedure that requires specific documentation. It is important to have copies of your previous pay stubs as well as tax-related documents. Your lawyer can use them to justify the amount of income you have lost as a result of your injury.
The lost wages could include your regular hourly wages or salary, potential overtime bonuses, commissions and more. You can also include benefits that you no longer receive, such as free meals or car allowances.
You may also be able to claim compensation for the days you didn't work due to your injury because you had to use vacation or sick time to cover those days. Your lawyer can determine the fair value of these days and demand reimbursement from the party responsible. If your injury is irreparable, your lawyer may also seek compensation for future earnings. This is a more intricate procedure that requires hiring an actuary or forensic accountant to demonstrate your loss of future earning potential.
Medical expense
Depending on the severity of your injuries, you may face high medical bills that put a strain on your financial security. The seriousness of your injuries could prevent you from earning a living and putting in a long amount of time. This could result in an economic burden on you and your family members.
You can claim compensation for medical expenses related to the incident, including ambulance rides, doctor visits and x-rays, hospital treatment, medicines, supplies and orthopedic devices. You are also entitled to reimbursement for travel expenses to and from medical appointments (including therapy). Keep receipts of any medical expenses. You will be reimbursed based on actual expenses.
Insurance companies and attorneys frequently use medical bills from your doctor as a base point to calculate the special damages. injury law firm orem will then multiply that number by a factor of 1.5 to 5 to determine your general damages. In general, minor injuries are in the lower part of the spectrum, while more serious or lasting ones are at the top of the spectrum.
The Kocian Law Group is skilled in ensuring that you receive all the medical-related benefits to which you are entitled. We will fight for insurers to pay the full amount that is recommended by your health care providers even if they do not agree with the need or reasonableness.
Suffering and Pain
The victim of an injury has a right to be compensated for the emotional and physical suffering and pain caused by their injuries. Physical pain and suffering damages may be a result of past and future medical treatment. Discomfort, mental anguish, embarrassment, shock, and sadness may also be considered.
It is difficult to place a value on the pain and suffering resulting from an accident, especially when permanent injuries are involved such as being in a wheelchair or blinded. It is important that accident victims receive the support of an attorney who can gather sufficient evidence to prove their loss.
In some instances, the party who was injured may negotiate a settlement to avoid going to trial. In the majority of instances the insurance company is involved in the settlement agreement. The insurance company may employ either the multiplier method or the per diem method to calculate pain and suffer damages.
The courts use both the multiplier method and the per diem method to determine the amount of compensation for emotional and physical trauma caused by accidents. Both methods have pros and cons however, the final amount is determined by the jury in the case. An experienced personal injury attorney will assist victims of accidents injured collect the evidence needed to argue for fair compensation. The skilled attorneys at Adam S. Kutner & Associates can assist you in the investigation and preparation of your case for court or a settlement.