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Need to File a Personal Injury Claim? How to File and Win

BY: nicky joolly | Category: Finance | Submitted: 2010-08-03 18:17:03
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Article Summary: "Attorneys with expertise in the area of worker's compensation can be very valuable in personal injury litigation..."

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Attorneys who are experienced in worker's compensation have the ability to assist you in filing your personal injury lawsuit.

Knowing how the law pertains to your situation is crucial, and a lawyer can help you with this. Yes, there are some general rules that pertain to personal injury compensation and law. No two people will have the same circumstances, but your attorney can give you the specific information that you need.

Just because a lawyer or legal service has been certified to practice law, does not mean that they have been certified as an expert or specialist in this specific field of law. Any potential client is encouraged to do an independent investigation, and evaluation, of their own when they're considering any lawyer. As choosing legal advice of any kind is a tremendously significant step, it should never be taken lightly, and never chosen simply because of a clever TV commercial or some internal claim of superiority in the field.

As an illustration, pretend you hurt you knee while on the job and you are going to need to undergo a surgical procedure. You are also not going to be able to perform your duties as before. This restriction of mobility causes you to lose your job, which you have maintained for over two decades. To add insult to injury, your doctor fills out his official report on your back's status as a 20% loss.

Your insurance provider informs you that you are entitled to only 44 weeks worth of workers' comp. What if you should be receiving more? Foremost, speaking with a specialized lawyer in the field of worker's comp - one that has a proven background that shows he really knows what he's doing - can only increase your chances of getting the full compensation you deserve.

An injury to the knee is what is referred to as a scheduled claim. The universal calculation is always based on the starting time period of 220 weeks. 44 weeks is 20% of 220 weeks, indicating the amount of weeks which your insurance company will cover.

You are probably entitled to a second opinion regarding the rating. If you are experiencing issues with depression because of the work injury, there may be greater benefits owed. If the knee injury causes back problems, there may be more benefits owed.

A Second Injury Fund claim can be made if you have a previously incurred injury to the already scheduled body part; included in these claims are damage to the foot, leg, knee, arm, and hand. You'd be wise not to take the insurance company's information at face value. To discover all your rights, and get absolutely everything you are entitled to, consult a reputable worker's comp lawyer.

You may be wondering about why employers and the insurance companies who represent them imagine they can or should be able get away without compensating workers for injury incurred on the job. Unfortunately, there is a common belief that a lot of personal injury claims are false and that the lawsuits brought about because of them are based on lies and an attempt to get undeserved compensation.

In point of fact, this strategy by the insurance companies and their attorneys has worked very well. The jury pool has essentially been poisoned against injured parties by the insurance defense industry's propaganda.

As far as the insurance defense group is concerned they think just about any excuse they can come up with will relieve their defendants of any responsibility for their conduct. Misled by years of propaganda, the jury members now inadvertently side with the insurance company without even realizing it, feeling in the back of their minds that someone claiming a disability must be trying to make a quick buck. This really becomes a problem when the injury to a plaintiff is not obvious or even visible, as is the case with a soft tissue injury in the back.

Certainly there are instances where a juror is justified in being cynical about an injury. To be fair and impartial, however, the jury must apply the same level of skepticism to all alleged defenses to the claim. Certainly, all anyone who has suffered an injury wants is to have an unbiased jury hear his or her argument.

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