How to Receive Payment for Your Personal Injury

by admin on August 27, 2010

If you’re a worker with a personal injury claim, you don’t have to handle it alone; certain attorneys specialize in this area.

You should always talk to an attorney when it comes to seeking out legal specifics. Many people don’t know it’s possible to consider personal injury and compensation law in the same general terms. However, each individual’s case will have its own specific nuances, which only a lawyer can accurately evaluate.  A description or indication of limitation of practice does not mean that any agency or board has certified such lawyer as a specialist or expert in an indicated field of law practice.

Anyone who is seeking out a lawyer needs to investigate their options and evaluate the qualifications of the lawyer that they are interested in. Finding out exactly what kind of legal services you require, and which attorney you select are essential components to your claim, so you may want to look beyond television commercials and unsubstantiated promises.  As an illustration, pretend you hurt you knee while on the job and you are going to need to undergo a surgical procedure. You are also not going to be able to perform your duties as before. Because of these restrictions, you are terminated from your job of twenty-two years. Furthermore, the doctor rates your knee as a 20 percent loss.

So the insurance company informs you that you’ll be receiving 44 weeks of benefits from worker’s compensation. Is this truly the amount that you may receive? Initially, you need to talk to a lawyer who is an expert in workers’ compensation since you could be eligible for additional payment due to other existing factors.  A knee injury is a scheduled claim. This means that your knee injury would be paid a maximum of 220 weeks. The insurance company will arrive at an award of 44 weeks by dividing 220 weeks by the 20%.

The fact is, you may well be entitled to a second opinion on this. If you are experiencing issues with depression because of the work injury, there may be greater benefits owed. Should the injury to your knee spread to your back, you might claim even more.  Perhaps you have sustained a previous injury to another part of the body that is scheduled, like a hand, arm, foot or leg. A Second Injury Fund claim may entitle you to a greater award. Whatever you do, you should not take the word of the insurance carrier at face value. Visit an established attorney who deals in workers’ comp in order to explore your options, rights, and other factors in your case.

Further questions you may also be asking include, why defendants think they can get away with making up excuses to avoid responsibility for an accident they caused. The insurance defense industry has spent a lot of time and money to create the myth that too many lawsuits are being filed and most of them are frivolous.  In point of fact, this strategy by the insurance companies and their attorneys has worked very well. Because of the insurance defense industry’s continual propaganda the majority of the jury pool has been convinced that most injured parties are not being honest.  As far as the insurance defense group is concerned they think just about any excuse they can come up with will relieve their defendants of any responsibility for their conduct.

The reason they are able to get away with this thinking is that perspective jurors have been brainwashed with the belief that all plaintiffs are out for a quick score. It’s even harder to convince a jury that your injury is legitimate when that injury is “unseen,” such as deep muscle damage.  Of course, it’s natural and correct for a jury to be somewhat skeptical. In order to conduct a fair trial, your jury needs to maintain even skepticism across the board, when discussing all aspects of the case. In the end, if the legal system works properly, that is the fairest possible situation for a plaintiff.


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