Am I Receiving All the Benefits?Contingency FeesDo I Need A Lawyer?Pursuing a ClaimSettlementsTypes of DamagesAm I Receiving All the Benefits?Worker’s compensation systems are designed to provide benefits to injured workers no matter whether an injury is caused by an employer or the employee's negligence. Generally injuries caused due to intoxication or illegal drug use are not covered by worker's compensation coverage may also be denied in situations involving conduct that violates company policy. You injury does not need to be caused by an accident. For example you may receive compensation for repetitive stress injuries including carpal tunnel syndrome and back problems that are caused by over use and misuse over long period of time. You may also be compensated for some illnesses or diseases that are the gradual result of work conditions, for example heart conditions, lung disease, and stress-related digestive problems. If you have further questions about worker's compensation benefits, consult with a
worker's compensation attorney.
Back to TopContingency FeesBecause injury victims are often unable to afford attorney's fees, many personal injury attorneys will work on a contingency basis. This means that their fees and costs are contingent upon winning a settlement in the case. If you win, they get a percentage of the settlement and if you don't win they don't get paid. In a contingency case, costs for hiring experts, conducting discovery, and preparing for trial are advanced by the lawyer. You may or may not have to pay for any medical exams involved. When the case settles, the client is responsible for reimbursing the costs and paying any lawyers fees. Be sure that you understand the contingency agreement before you hire an attorney. For more information about attorneys costs and fees set up an initial consultation to discuss your case with a lawyer in your area.
Very often automobile accidents cause injury to people and damage to property. This can create expenses that innocent parties have to pay for, even when the accident is not their fault. A lawyer's services can be helpful. Generally lawyers handle accident cases on contingent fee basis that means they do not charge you any fee until and unless they recover money for you, then they receive a percentage of what they help you recover. In some states, the maximum percentage for what the lawyers can charge is fixed by statute. In others, it is what you and the lawyer work out. In some states the lawyers may advance the expenses of obtaining medical records, accident reports, taking testimonies, and retaining experts out of his or her pocket. You may not have to repay the events unless you win but some states require the client to front the out of pocket costs regardless of the outcome of the case. For more information consult a qualified accident or
personal injury attorney.
Back to TopDo I Need an Attorney?Lawsuits can be expensive, time consuming, and emotionally draining. If it is possible to resolve your dispute out of court, many attorneys say that is a better solution. One way to do that is through mediation. Other ways include demanding payment before you go to court or attempting a formal negotiation. But if all fails and a lawsuit seem inevitable, you will want to be sure that you have a good case and prepare yourself well before you forge ahead. For instance, consider whether or not you can collect damages if you win. A court may decide in your favor but it won't collect a judgment for you. Another thing to remember is that in addition to filing a case on time, you must also file it in the proper court. IF by mistake you file a case in the wrong court, the defendant may get the case moved or even dismissed all together. Should you represent yourself in court? If your legal problem is complex or involves lots of money, chances are you will need a lawyer. In personal injury cases a lawyer may agree to represent you on a contingency fee basis. This means that you pay the lawyer's fee only when and if he or she recovers money for you. Many attorneys offer free consultations. Talk with a
qualified attorney in your area for more information.
Back to TopPursuing a ClaimThe first few days following an accident are often the most important for preserving and obtaining evidence and creating documentation of your injuries. Physical evidence that is not preserved or photographed in the first few days following an accident can get lost modified by time or weather, destroyed or repaired. Any Physical evidence you have, including damaged car or bike, damaged clothing or defective products should be preserved exactly as it was at the accident. You can later show it as proof of what happened. It is important to establish the complete name and address of every witness to the accident. It is important to contain, in writing, their version of what happened and to maintain contact with these people. Many injured people have lost their capability to present their claim because an important witness moved and left no forwarding address. You may to promptly interview people who were at work near the scene of the accident or post a notice for those who frequently travel by the scene of the accident asking them to notify you if they know anything about the accident. You should keep in mind that actual scene of the accident can sometimes change. Roadways and intersections are often repaired and modified. New traffic lights replace old ones. Don't wait until years later to attempt to reconstruct the accident scene. Go out and document the conditions of the accident by photographs and other means near the date of the accident to increase the credibility of your report. Sometimes a piece of physical evidence, something you can see or touch, as opposed to a description of what happened, is the best documentation of the accident. Examples are worn or broken objects which caused or contributed to the accident, or reflected impact. The dent in the car shows where it was hit and how hard. A low laying branch that blocks visibility of a roadway demonstrates the lack of upkeep by the owner of the property. Also physical evidence can help prove the extent of an injury.
Torn or bloody clothing can show you physical injuries very dramatically. Casts, leg braces, and other medical evidence show the extent of the injury. Photographs of bruises and swollen areas can be very helpful to you later on when an insurance company defense lawyer implies that you are exaggerating your injury.
Back to TopSettlementsA settlement is a predetermined amount of money that you be offered to prevent a case from going to trial. If liability is clearly established and accepted by the defendant's insurance carrier, a settlement offer will be made to you through your attorney. He or she will then inform you of the amount of the settlement and you are always at choice about whether or not to accept it or reject it. If you believe it is too low, you attorney will negotiate to come to a compromise with the other party. As a general rule, if the compromise makes everyone unhappy, it is probably a reasonable one and the offer should be accepted. Once accepted you will be asked to sign a release relieving the defendant of any further liability. A check will then be issued which will go through your attorney who will be paid a fee from the settlement. It can take up to six weeks to receive a settlement payment.
Back to TopTypes of DamagesTo determine the types of damages that can be awarded to the plaintiff, courts look at the seriousness of the harm, the extent of the defendant's wrongful conduct, and the circumstances surrounding the wrongful conduct. The three basic kinds of damages awarded in personal injury cases are compensatory damages, punitive damages, and nominal damages. Compensatory damages compensate the victim by paying for the harm done and generally include medical expenses, lost wages, and cost to replace or repair damaged property. Injured victims can also sue for general damages in addition to actual damages. General damages include things that can't be expressed exactly in dollars such as pain and suffering, mental anguish, disfigurement, and future lost wages. Punitive damages are not based on a victim's injuries rather they are a way to punish the defendant for gross, in other words obvious, negligence. Nominal damages are symbolic gestures acknowledging that the plaintiff was legally wrong while at the same time recognizing the lack of evidence establishing that the plaintiff suffered actual damages. Nominal damages are very small awards, sometimes only one dollar.
