A. The Most Common Injury Litigation Debate Actually Isn't As Black Or White As You Think

· 4 min read
A. The Most Common Injury Litigation Debate Actually Isn't As Black Or White As You Think

What Is Injury Compensation?

Compensation for injury is money that is paid to help injured individuals pay for losses that result from work-related accidents. These losses include medical expenses loss of wages, future income and loss of enjoyment in life.

There are two ways to obtain this kind of cash: a settlement or a lawsuit. A lawyer can analyze the case and inform you which one is best for you.

Medical Treatment

The claim for your injury will include a substantial amount of medical treatment. The insurance company will pay for reasonable and necessary medical care. This includes medical bills from health providers and specialists. The insurance company will reimburse you for prescriptions and over-the-counter medicines as well as expenses for travel to and from medical appointments.

Depending on the severity of your injuries, you might require assistive aids like canes, wheelchairs, or special clothing. You can also claim reimbursement to make home modifications like ramps and stairlifts. Medical expenses include diagnostic tests that are required to diagnose injuries and assess your recovery. You may also be able to recover the costs of surgery necessary to treat your injuries. The workers' compensation board has medical treatment guidelines that doctors are required adhere to. These guidelines permit your doctor to provide the majority of your care without asking your insurer for approval.

Following the advice of your doctor could help you in your case. If the insurance company or the defendant sees that you've been skipping appointments or playing tennis on weekends despite claims of injuries, they will argue that your injuries are not as severe as you say. On the other hand, if you're constantly consulting with health professionals and getting extensive medical treatments that they need to acknowledge that your injuries are serious.

Lost Wages

The effects of injuries are not just physically painful, but they can also be financially damaging as well. The costs associated with treatment can quickly add up and injured victims may also have to pay for lost earnings as they recover from their injuries. If you've been unable to work because of an injury, you could be eligible for compensation.



Proving lost wages is a complicated process that requires specific evidence. It is crucial to include copies of your pay stubs from the past as well as income tax documentation. Your attorney can make use of these documents to prove the total amount of income that you've lost as a result of your injury.

Your lost wages could include your normal hourly earnings or salary, potential overtime bonuses, commissions, and more. It could also include benefits that you're not receiving, like free meals, car allowances, or health benefits.

You are also entitled to compensation for days that you've had to take sick leave or vacation days to cover the time you have missed because of your injuries. Your lawyer can determine the fair value of these days and request payment from the responsible party. If your injury is permanent your lawyer may also seek compensation for future earnings potential. This is a more difficult procedure that requires hiring an accountant or forensic accountant in order to show your loss of future earning potential.

Medical expense

Depending on the severity of your injuries, you could face high medical bills that affect your financial wellbeing. The seriousness of your injuries could prevent you from earning a living and working for a significant amount of time. This could put the financial burden on both you and your loved ones.

You are entitled to reimbursement for any medical expenses relating to your condition, such as ambulance rides, doctor's appointments, x-rays and hospital treatment. This includes medical supplies medicines, as well as orthopedic appliances. You may also be eligible for reimbursement for travel expenses to and from medical appointments, which includes therapy. Keep receipts for all medical expenses. You will be reimbursed based on actual expenses.

For negotiating purposes attorneys and insurance firms typically use your invoiced amounts as the starting point to calculate medical special damages.  injury law firm philadelphia  will then multiply that number by the multiplier of 1.5 to 5 to calculate general damages. In general, minor injuries are at the lower end of the range, while serious or lasting ones are on the higher end.

The Kocian Law Group is skilled in ensuring you receive all the medical-related benefits to which you are entitled. We will fight to force insurers to pay the full amount of treatment your medical professional recommends -- even if insurance companies dispute the legitimacy or necessity of the treatment.

Pain and Suffering

The injured victim has the right to compensation for physical and emotional suffering. The physical pain and suffering damages could include past and future medical treatments. Mental anguish and discomfort and shame, shock and sadness could also be considered.

It is difficult to put an amount on the pain and suffering caused by an accident, particularly when permanent injuries are involved such as being in a wheelchair or being blinded. It is important that victims of accidents have the assistance of an attorney who can gather adequate evidence to demonstrate their loss.

In some instances, the injured party will settle the case without having to go to trial. This is called an agreement to settle and will typically involve an insurance company. The insurance company may employ a multiplier or per diem method to calculate the pain and suffering damages.

The courts employ both the multiplier method and the per diem method to calculate compensation for physical and emotional suffering resulting from accidents. Both methods have pros and cons, but the final amount will be decided by the jury. An experienced personal injury attorney can help injured accident victims collect the evidence needed to argue for fair compensation. Adam S. Kutner & Associates lawyers can assist you in the investigation of your case, and then prepare your case for court or a settlement.