The main reason why you need hire an experienced and capable worker’s comp attorney in Los Angeles is so that they can bridge the gap between your employer obtain compensation for your injury or loss. There are different kinds of injuries and incidents that may be sustained at your workplace and the following is just an example. Disability, slips and falls, work vehicle accidents and even wrongful death. All these are issues that can find the justice they deserve.
The Best Job Injury Lawyer in California
Before you retain an experienced compensation attorney in California to help you, it is important for you to consider some factors. You need to consider the extent of your injury and ask yourself whether there is need for compensation. Severe injuries will stand a much better ground with this regard. Minor issues may not be enough cause to lay these kinds of claims.
Before you proceed with a case, it is vital that you sort out the percentage fee that your workers compensation attorney is going to get. Once you are clear, you can proceed. There are many conflicts that present themselves with lawyers. Different states will have a certain percentage that lawyers are entitled to.
The Advantages of Working With a Workers Compensation Lawyer
Injury compensation is a way to reclaim the losses you've suffered after an injury or accident because of another's negligence. These could be financial, for example loss of earnings because you've taken time off work, or they could be physical, where your injury has resulted in considerable pain and suffering. Once you are informed about the process of claiming compensation you can make a decision as to whether you want to make a claim. This simple guide should help clear up any confusion over the legal aspects of what's involved.
What do people claim compensation for?
Injury compensation is the term used to describe the financial payout awarded to a person who has suffered an accident that could have been prevented or avoided by another party. For example, a car accident victim who suffers whiplash could potentially make a claim against the person who caused the incident. A person who has been injured as a result of using a faulty product might be able to claim compensation from the manufacturers of that product, if they are found to be at fault. Someone who has been in a work accident because of poor health and safety standards might think about making a claim against their employer.
There are many examples of cases where people choose to make a claim against the party responsible for their injuries, and generally each case is different to the next. What they all have in common is that there is a requirement to prove that someone was at fault or negligent, and this is what makes it possible to claim compensation.
Why people claim injury compensation
Injury compensation is a route that some accident victims might take in order to reclaim some of the losses they have suffered. In some cases, where a person has sustained severe injuries, they may have been out of work for long periods and unable to earn a living as a result. It could be that expensive medical treatment is required, or even extra help to look after their family. In these cases, injury compensation not only means that they can get back on their feet financially, but they might also be able to pay for any treatment necessary to speed up their recovery, such as physiotherapy or nursing care.
Where the injuries have been psychological, compensation will not take away a person's suffering but it may help to ease some of the stress they feel following an accident. Finally, making a claim can help prevent similar accidents in the future, as it might raise awareness about what causes such accidents to occur. For example, a claim for a car accident caused by a pothole in the road could result in those responsible repairing the road and improving safety for the drivers who use it.
How much claiming injury compensation might cost
Claiming compensation does not have to cost anything at all. After all, you may have already suffered enough financial losses because of your injuries. A no win no fee service is often possible whereby the solicitor that handles the claim simply doesn't get paid unless the claimant is awarded compensation. Also, the recipient of the compensation will usually get to keep 100% of the payout awarded to them, and the legal fees are paid by the party responsible for their injuries.
Now that you know a little more about injury compensation you should be less confused about making a claim and what's involved. Finding a reputable company to deal with your claim could be your next logical step.
Workers' Compensation - Settling Vs Trial
If you are hurt on the job, your employer's insurance company may offer you a lump sum settlement. The insurance company is not required to do so but they may and then you must ask yourself whether you should take it or fight for more at trial. There are many factors, even above and beyond the actual amount, that go into answering that question. Before you accept a settlement from an insurance company, you should talk with an experienced attorney about the facts of your case and the best course of action for you.
Settlement offer amount- The amount isn't the only factor to consider in deciding whether to accept a settlement or go to trial, but it is extremely important. An experienced attorney can tell you if the amount offered is in the ballpark of fair and reasonable. Some of the things he will consider are whether the amount compensates you for the permanent nature of your injuries, whether it covers disputed medical bills or other medical costs and whether it compensates you for future lost wages, among other things. Also, you and your attorney will devise a game plan of perhaps a first negotiation for a higher amount and, if that fails, to proceed to trial.
Timing of receipt of settlement amount as opposed to trial - Even if there is a very good chance that you could win a higher amount at trial, settling now for a lesser amount might actually be the wiser decision for you, depending on your circumstances. Do you desperately need the money and can't wait for a trial? Has the whole ordeal been hard on your health and the stress of a trial could only make it worse?
Timing with respect to your health - It is extremely important to remember that you should never settle your case until you are at the healthiest you can be and don't currently need more treatment for your injury. You do not want to be in a situation where you settle only to learn that you need more treatment. You can't then go back to the insurance company. Once you settle, it's over. Illinois work injury attorneys know this standard for waiting until your treatment is complete. If it seems your attorney is not considering this but is making a decision based on what will get him paid quicker, find a new lawyer.
Chance of success at trial -Your attorney will consider your case and whether the disputed issues are likely to be resolved in your favor. What kind of evidence do you have? If it is solid, why not show it at trial? If it's not, is a trial too risky? Settlements are a guaranteed amount and closure to your situation. You can't appeal a settlement after you accept and receive the money. On the hand, a trial is risky - you could get a much higher amount or you could not. Your attorney should clearly explain to you his assessment of your chances at trial and a risk/reward analysis.
Future medical rights - As noted above, when you settle, there is no appeal. You sign a contract that has consequences your attorney should explain to you, such as the forfeit of all future medical rights for treatment related to your injury. This means that if your injury unexpectedly gets worse next year and you need major surgery, workers' compensation will not cover it. You signed a settlement and it's over. A new, different injury or accident in the future is a new unrelated matter but, as for your original injury, you won't be compensated if you need further treatment.
If, however, you go to trial and win, your future medical rights relating to your injury never cease. This means that if your injury unexpectedly gets worse next year or ten years later and you need major surgery, the insurance company will have to pay for it. So, you may not get a lump sum settlement but rather payment over time. Only you and your attorney know what the best option is for you.
Whether to settle or go to trial is not a simple decision but one that you and your experienced attorney must carefully assess to make sure you devise a strategy that best serves you.