Your Attorney And The Role They Play In An Accident
When it comes to atonement for some unfortunate mishaps
, a personal injury lawyer can be of great assistance.
You should always talk to an attorney when it comes to seeking out legal specifics. You can also use more general terms when approaching personal injury law and compensation. But it is crucial for your lawyer to be able to furnish you with the specific information concerning your case.
When a lawyer indicates that they specialize in a particular area of practice, this does not imply that there is a specific board or agency who has authorized this person to serve as a qualified expert.
Anyone in need of any kind of legal representation should always do their own research when inquiring about a law firm they wish to employ.
Deciding whether or not you need legal services, and what lawyer you should choose, are very important decisions that you don't want to base that choice on some self-proclaimed expert or an advertisement.
Let's take the example of injuring your knee while working, end up having surgery, and it results in permanent restrictions.
As a direct result of those restrictions, you find yourself being terminated from a job you've held for some 22 years. In addition, the doctor states your knee has a 20 percent loss of usage.
Your insurance provider informs you that you are entitled to only 44 weeks worth of workers' comp. What if you should be receiving more?
To begin with, you need to talk to an attorney with experience in workers' comp, as they may be able to point out other aspects of your case that will provide you with additional compensation.
An injury to the knee is what is referred to as a scheduled claim. 220 weeks is the basis upon which a back injury like yours is compensated.
Therefore the determination of 20 percent loss in the knee function translates to the same percentage of 220 weeks, or 44.
In this case, you would likely benefit from a second opinion. If you've begun to suffer from depression because of your injury at work, you might be able to claim even greater benefits. If the knee injury causes back problems, there may be more benefits owed.
If there is also an older injury to another part of your body that would be considered "scheduled," including an arm, hand, foot, leg or knee you might be eligible for a Second Injury Fund claim and more benefits.
You should never take your insurance organization's first offer. To discover all your rights, and get absolutely everything you are entitled to, consult a reputable worker's comp lawyer.
You may also wish to ask additional questions. Why should your employer be able to make excuses about why they are responsible for causing this accident?
Actually, insurance companies have gone through a lot of expense and effort to make people believe that there is a multitude of insurance claims being brought to trial, and that the majority of them are trivial.
In point of fact, this strategy by the insurance companies and their attorneys has worked very well. Their public relations campaign has made it very difficult to find unbiased jurors to try these cases.
It's usually believed by the insurance defense industry that an employer can state almost any excuse, and they will be absolved of any wrongdoing. And they've been able to precondition the jurors to automatically assume anyone who files a injury lawsuit is just trying to get score some money.
When the plaintiff's injury isn't overtly apparent, as is the often the case with soft tissue damage, these negative preconceptions can seem to be substantiated.
This is not to say that a certain amount of jury skepticism towards an injured party's claim is not justified. However, it's important the jury apply that same kind of skepticism to all the defenses to the claim if they're trying to be fair and impartial.
Of course, our legal system entitles both complainants and defendants to be heard by a fair and impartial jury.
by: John Chambers
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