What Is Injury Compensation?
Injury compensation is money paid to help injured persons pay for losses that result from workplace-related accidents. These losses include medical expenses and lost wages, as well as future income, and loss of enjoyment of the life.
You can obtain this money by two methods: either through a settlement, or filing a lawsuit. A lawyer can review your case and advise you on which option is best for you.
Medical Treatment
Your claim for injury will cover a large amount of medical treatment. The insurance company will pay for reasonable and necessary medical treatment. This includes medical bills from medical professionals and lawsuit specialists. You can also receive reimbursement for prescriptions and other over-the-counter medication, when you travel to and from medical appointments.
Depending on the severity of the injuries you sustained, you may require aids for mobility, such as canes, wheelchairs, or other clothing that is specially designed for you. You can also claim reimbursement for home modifications, such as ramps and stairlifts. Medical expenses include diagnostic tests needed to diagnose your injuries and assess your recovery. You may also be eligible to claim reimbursement for any surgery needed to treat your injury attorney. The Workers’ Compensation Board has medical treatment guidelines that doctors must follow. These guidelines permit your health care provider to perform the majority of your treatment without having to ask the insurer for permission.
Consistently following your health care professional’s recommendations will significantly aid your case. If the insurer or defendant is aware that you’ve been missing appointments and playing tennis on weekends, despite your injuries, they might argue that your injuries aren’t as serious as you claim. If you’re constantly seeing healthcare professionals and receiving massive medical care, they may have to admit that your injuries were serious.
Lost Wages
Injuries can be physically painful, but they can also be financially devastating as well. The costs of treatment can quickly increase as injured victims need to consider losing wages as they recover from their injuries. If your injury caused you to not be able to work, you could be entitled to compensation for the time that you’ve missed.
Proving the loss of wages is a tense procedure that requires specific documentation. In addition, to medical narratives it is important to make copies of your pay stubs as well as income tax documents. Your attorney can make use of these to substantiate the total amount of income you’ve lost as a result of your injury.
The lost wages could include your regular hourly or salaried earnings, potential overtime bonus payments, commissions and more. You can also include any benefits that you no longer get, such as free meals or car allowances.
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 calculate the fair market value of these days, and then demand reimbursement from those responsible. If your injury is permanent the lawyer can seek compensation for lost earning capacity. This is a more complex process that requires hiring a forensic accountant or actuary who can prove the loss of your future earnings potential.
Medical expenses
Depending on the extent of your injuries, you may be faced with high medical costs that put a strain on your financial wellbeing. Serious injuries may also prevent you from earning a living and working for a significant amount of time. This can put a financial strain on you and your family members.
You are entitled to reimbursement for all medical expenses related to it including ambulance rides doctor visits and x-rays hospital treatments, supplies, medications and orthopedic devices. You may also claim reimbursement for travel costs to and from medical appointments, and also therapy. Keep receipts for any medical expenses. You will be reimbursed on the basis of actual costs.
For the purpose of negotiating lawyers and insurance companies typically use your invoiced amounts as a starting point for calculating medical special damages. They then multiply that number by a factor of 1.5 to 5 to calculate your general damages. In general minor injuries will fall on the low end of the spectrum, and serious or long-lasting injuries are on the upper end.
The Kocian Law Group has the expertise to ensure that you get the full amount of medical benefits you are entitled to. We will fight for insurers to pay for the entire amount of treatment the health care provider recommends — even if insurance companies dispute the legitimacy or necessity of the treatment.
Pain and Suffering
The victim of an injury has a right to be compensated for the physical and emotional suffering and pain that result from his or her injuries. The physical pain and injuries can be a result of past and future medical treatments. Stress, anxiety, embarrassment, shock and sadness could also be considered.
It is hard to put a value on the pain and suffering resulting from an accident, particularly when permanent injuries are involved, such as being in a wheelchair or being blinded. It is important that accident victims receive the assistance of an attorney to gather sufficient evidence to prove their losses.
In certain cases, the injured party may agree to a settlement in order to avoid a trial. This is called an agreement to settle and will typically involve an insurance company. The insurance company can employ a multiplier or per diem method to calculate the pain and suffering damages.
The courts use the multiplier method as well as the per diem method to determine the amount of compensation for physical and emotional injuries resulting from accidents. Both methods have pros and cons however, the amount is determined by the jury in the case. A skilled personal injury lawyer can assist injured victims gather the necessary evidence to support a claim for fair compensation. Adam S. Kutner & Associates lawyers can assist you with the investigation of your case and also prepare your case for court or a settlement.