20 Myths About Injury Litigation: Busted

· 4 min read
20 Myths About Injury Litigation: Busted

What Is Injury Compensation?

Compensation for injury is the amount given to injured workers in order to cover their losses from workplace accidents. These losses include medical expenses as well as lost wages, future income and loss of enjoyment from life.

There are two methods to receive this type of cash: a settlement or a lawsuit. A lawyer can analyze the case and inform you which option is the best for you.

Medical Treatment

Your injury claim will include the cost of medical treatment. The insurance company will pay for reasonable and essential medical treatment. This includes medical bills for health professionals and specialist. The insurance company will also reimburse you for prescriptions and over-the-counter medications, as well as travel expenses to get to and from medical appointments.

Based on the type of injury, you may require assistive aids such as canes, wheelchairs, or other special equipment. You can also claim costs for home improvements such as ramps and stair lifts. Medical expenses cover the cost of diagnostic tests that are required to diagnose your injuries and monitor your recovery. You can also claim reimbursement for any surgery required to treat your injury. The Workers' Compensation Board has medical treatment guidelines which doctors are required to adhere to. These guidelines allow your doctor to provide the majority of your care without requesting your insurance approval.

Following the advice of your doctor could be very beneficial in your case. If the insurance company or defendant sees that you've been skipping appointments or playing tennis on weekends, despite your claimed injuries, they will argue that your injuries are not as severe as you claim. On the other the other hand, if you're always seeing health care professionals and receiving extensive medical treatment then they'll have to acknowledge that your injuries are serious.

Lost Wages

The physical pain of injuries can be intense however they can also be financially devastating. The cost of treatment can quickly increase, and injured victims also must deal with the loss of earnings while they recover from their injuries. If your injury has forced you to not be able to work, you could be entitled to compensation for the time you've been unable to work.

Proving that you lost wages is a complex and time-consuming procedure that requires specific documentation. In addition to medical explanations it is crucial to use copies of your previous pay stubs and tax documents. These documents can be used by your attorney to prove the total amount of lost earnings due to your accident.

The lost wages could include your regular hourly earnings or salary, potential overtime, bonuses, commissions, and more.  injury lawyer cedar rapids  could also include benefits you're not receiving anymore, such as free meals, car allowances or health benefits.

You are also entitled to compensation for days that you have had to use vacation or sick time to make up for the hours you have missed because of your injuries. Your lawyer can calculate the fair market value of these days and request reimbursement from the parties accountable. If your injury is lasting, your lawyer can also claim compensation for the loss of future earning capacity. This is a more difficult procedure that requires the hiring of an expert actuary or forensic accountant who can show your loss of future earning potential.

Medical expense

Depending on the severity of your injuries, you may have to pay for medical bills that put a strain on your financial security. A serious injury could also stop you from earning a living and putting in a long amount of time. This could result in a financial strain on you and your loved ones.

You are entitled to reimbursement for all medical expenses related to it including ambulance rides, doctor visits and x-rays, hospital treatments, supplies, medications and orthopedic equipment. You may also claim reimbursement for travel costs to and from medical appointments, as well as therapy. Keep receipts for any medical expenses. You will be reimbursed based on actual costs.

Attorneys and insurance companies often use your medical bills as a basis to calculate the special damages. They then multiply this number by the multiplier of 1.5 to 5 to calculate general damages. Most commonly, minor injuries will be at the lower end of the 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 to which you are entitled. We will fight to get insurers to pay for the entire cost of the treatment your health care providers recommend -- even if insurers dispute the need or the reasonableness of the treatment.

Pain and Suffering



The victim who has been injured is entitled to compensation for his or her physical and emotional pain. The physical pain and may be caused by past and future medical treatments. Mental anguish and discomfort, shame, shock, and sadness are also taken into consideration.

It is difficult to put an amount on the pain and suffering that comes from an accident, especially when permanent injuries are involved such as being in a wheelchair or being blinded. However, it is important for victims of accidents to be aided by an attorney in obtaining the proper evidence to show their loss.

In some cases the party injured can negotiate a settlement to avoid going to trial. In the majority of cases an insurance company will be involved in a settlement agreement. The insurance company can use either a multiplier or per diem method to calculate pain and suffering damages.

The courts employ both the multiplier method and the per diem method to determine the amount of compensation for physical and emotional suffering resulting from accidents. Both methods have pros and cons to them however the final amount is decided by the jury in the case. An experienced personal injury attorney can assist injured victims find the right evidence to support a claim for fair compensation. The skilled attorneys at Adam S. Kutner & Associates can assist you in the investigation and preparation of your case for court or settlement.