What Is Injury Compensation?

Compensation for injury is money that is paid to assist injured people in paying for injury attorney losses stemming from their accidents at work. These losses include medical expenses loss of wages, future income, and loss of enjoyment of the life.

You can obtain this money through two ways: either through a settlement or by filing a lawsuit. A lawyer can look over the case and advise you which one is better for you.

Medical Treatment

Your claim for injury will comprise a substantial amount of medical treatment. The insurance company will cover reasonable and necessary medical treatment. This includes medical bills for health professionals and specialist. Also, you can get reimbursement for prescriptions as well as over-the-counter medication, when you travel to and from medical appointments.

Based on the severity of the injuries you sustained, you may require assistive aids such as canes, wheelchairs or specialized clothing. You may also be able to claim reimbursements to make home modifications like ramps and stairlifts. Medical expenses include diagnostic tests needed to diagnose injuries and assess your recovery. You can also claim the cost of surgery necessary to treat your injuries. The workers' compensation board has guidelines for medical treatment which doctors are required to adhere to. These guidelines permit your doctor to offer most of your treatment, without requiring insurance approval.

Following your doctor's advice can be very beneficial in your case. If the insurance company or defendant finds that you've been avoiding appointments or playing tennis on weekends, despite your claimed injuries, they will claim that your injuries are not so serious as you'd like to think. If you're regularly visiting healthcare professionals and receiving massive medical care, they may have to admit that your injuries were serious.

Lost Wages

The physical pain of injuries can be intense however, they can also be financially devastating. The expenses associated with treatment typically grow quickly, and injury lawsuits victims must also contend with losing wages while recovering from their injuries. If you have missed work due to injury, you may be entitled compensation.

The process of proving lost wages is a difficult process that requires specific evidence. It's important to include copies of your pay stubs from the past and income tax documents. Your attorney can make use of these to substantiate the total amount of income that you've lost due to your accident.

Your lost wages could include your regular hourly or salaried income possible overtime bonuses, commissions, bonus payouts and more. You can also include benefits you no longer receive, such as free meals or allowances for cars.

You are also entitled to compensation for the days you've needed to take sick leave or vacation days to cover the time you missed due to your injuries. Your attorney can calculate the fair value of these days and seek payment from the responsible party. If your injury is permanent the lawyer can seek compensation for lost future earning capacity. This is a more complex process that requires hiring a forensic accountant or actuary to demonstrate the loss of your future earnings potential.

Medical Expenses

There is a chance that you will be liable for huge medical bills, based on the extent of the injury. This could stress on your financial situation. The seriousness of your injuries may also hinder you from working and earning income for a long amount of time, putting an economic burden on you and your family.

You are entitled to reimbursement for all medical expenses including ambulance rides doctor visits and x-rays hospital treatment, medicines, supplies and orthopedic equipment. You also have the right to reimbursement for travel expenses to and from medical appointments (including therapy). You must keep receipts for all medical expenses, since you will be reimbursed on the basis of actual expenses.

Insurance companies and attorneys typically use your medical bills as a base point for calculating damages. Then, they multiply that amount by a factor of 1.5 to 5 to calculate your general damages. Most commonly minor injuries will fall at the lower part of this spectrum, while serious or long-lasting injuries are on the upper end.

The Kocian Law Group is skilled at ensuring that you receive all medical-related compensation which you are entitled. We will fight for insurance companies to cover the entire cost of the treatment the health care provider recommends -- even if the insurance company denies the need or legitimacy of the treatment.

Pain and Suffering

The victim of injury has the right to receive compensation for physical and emotional suffering. The physical pain and damages can include past and future medical treatments. Discomfort, mental anguish shame, embarrassment and sadness may also be considered.

It is difficult to put a price on the suffering and pain of an accident, particularly when it results in permanent injuries, such as being in the wheelchair or blinded. However, it is vital for accident victims to have the support of an attorney to gather the right evidence to show their losses.

In certain cases the party who was injured will settle the case without the need to go to trial. This is referred to as an agreement to settle and will usually involve an insurance company. The insurance company could use either the multiplier method, or per diem to calculate pain and damages.

The courts employ the multiplier method as well as the per diem method for determining compensation for emotional and physical suffering resulting from accidents. Both methods have their advantages and disadvantages, however the final amount will be determined by the jury. An experienced personal injury attorney can assist injured victims collect the evidence needed to present a convincing case for Injury Attorney fair compensation. Adam S. Kutner & Associates Attorneys can assist you in the investigation of your case and prepare your case for court or a settlement.