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Friday, March 29, 2024
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What is my case worth?  This is a questions that we get daily through free consultations, online questions, texts through our firm's App from clients, and general inquiries.

First, we need to understand how cases are valued.  If you were to total up all benefits - from temporary disability, to medical care, to permanent disability, to future medical care, to vocational schooling - it could add up to quite a lot.  But that's not money directly in your pocket.  So when someone asks us "what is my case worth" or what their case valuation in, what they are typically asking is "how much money will I get in settlement?"

To answer how much you will get in settlement first requires that we discuss the two types of settlement.  One is called a Stipulation & (Request for) Award, one is called a Compromise & Release.  Here are the basics of each:

  1. Stipulations With Request for Award (or Findings & Award, if given after trial): This is a document where parties stipulate to temporary disability periods paid, an amount of permanent disability (which is a percent number worth a certain amount of money for a certain amount of weeks), and the need for future medical care.  In most cases this means that the person gets a payment of Permanent Disability, minus attorney fees, at somewhere around $290 per week for a certain amount of weeks until paid out.  Future medical care is left open, and the person can continue to get medical care for body parts injured at work for the rest of their life - they just have to go through the workers compensation doctors and network.
    1. Note that this is the ONLY required settlement, and the only one that a Judge can order if you go to trial
    2. This is most common either when people return to work, or when they simply want to have continued coverage through work comp for future medical care
    3. Example: Settlement of Lumbar spine for 15% Permanent Disability and open future medical care.  This would mean payment of $290 per week for 50.5 weeks, or $14,645 total minus any attorney fees and minus any permanent disability advances
  2. Compromise & Release: This settlement is completely optional for both sides (neither has to offer or accept, it can never be ordered by Judge), but it is fairly common because both sides want to settle out the case for a lump sum.  This is most often a combination of both the permanent disability (same as calculated above), along with a present value lump sum buyout of future medical care.  We calculate future medical care by looking at doctors reports, estimating the care needed over the person's life expectancy, and then applying a present value calculation at 2-3% per year for insurance paying out a lump sum immediately vs. paying it out over the rest of the person's life.  This could mean that the $50,000 that is estimated to be paid out in medical bills over the rest of your life is worth $20,000-$30,000 right now as a lump sum that can be invested.
    1. Note that these almost always require a voluntary resignation! So often not available if you return to work, although they can be negotiated at any time even years later
    2. Example: Settlement of entire case by C&R for the 15% Permanent Disability above ($14,645) plus $20,000 in future medical care lump sum.  For a total of $34,645 minus any attorney fees and minus any permanent disability advances

There are other things that  need consideration, such as whether you are able to save that lump sum and actually put it towards medical care.  Because once paid out, work comp will not cover treatment and you must pay out of pocket.  Often private insurance will also not cover treatment if they know you have/had a work comp case.  In addition, consider that treatment outside of workers compensation network is less of a headache with approvals/denials, it is faster, and it is often with better doctors.  The tradeoff is often that it is more expensive, since workers compensation has a Official Medical Fee Schedule that is only 20% above Medicare, and very few doctor offices are willing to take such low rates.

Finally, there could be other benefits as part of settlement that may apply to your case.  Retroactively owed temporary disability, out of pocket expenses, mileage, supplemental job displacement vouchers (which can be used to get an extra $5,000 from the state), or other items may be needed depending on your case and the issues.  It's best to go over all of this with your attorney to make sure you are paid every single benefit that is owed.  If you have questions or concerns about case value or settlement, contact us at www.InjuryCompLaw.com or call 888-OMG-OUCH for a free consultation with a partner!

Do I Need A Car Accident Attorney

Car accidents are serious events that have severe implications and potential injuries for all parties involved. Some of the severe repercussions may include pursuing your legal rights to the damages caused by the car accident against the other driver and insurance providers.

Given the number of negotiations and paperwork involved in a car accident lawsuit, along with catering to any physical injuries you may have incurred from the car accident - retaining the representation of a personal injury attorney is beneficial to ensure that your legal rights are protected and your claims are put forth by a sound representative so that you can focus on healing from the injury you had incurred from the car accident.

What Are Personal Injury Lawyers?

A personal injury attorney is a lawyer that provides sound legal services to those who have incurred physical or psychological injury due to an incident caused by the negligence of another person, company, agency, or entity that may be private or public.

What Are The Advantages of Having a Personal Injury Lawyer in a Car Accident Case?

Generally, car accident lawsuits are complicated and technical. It is composed of confusing legal language, lots of paperwork, talking and negotiating with the other parties, and coordinating with the police, medical professionals, and other parties to facilitate the investigation and discovery process. Sometimes there are disputes over liability and a attorney needs to argue that you or your loved one is not at fault. By having a competent personal injury lawyer representing your case, these tedious processes will be handled in an organized, thorough, and competent manner.

Some of the advantages of retaining your personal injury lawyer in a car accident lawsuit include:

  • Negotiations: In civil cases, negotiations are a vital aspect in any civil case. Most lawsuits are resolved through negotiations between parties, so having a seasoned personal injury lawyer well-versed in negotiations would be highly advantageous to advocate for your legal rights and claims against other parties.
  • Discovery and Investigation: The facts of the case are integral to any lawsuit. However, getting to the facts of the matter is not simple as it often requires coordination with numerous parties, including, but not limited to: investigators, the other party, witnesses, insurance companies, policy limits, and medical professionals. This process is often time-consuming and frustrating, especially since it requires organization, proactiveness, and extreme attention to detail to ensure that the integrity of the case is intact.
  • Legal Language: The fact is, most law or legal matters are not written straightforwardly. An advantage of having a legal professional with a deep understanding of what the law states are that they can translate those complex languages to you in a manner that you can understand.
  • Legal Paperwork: As with all legal cases, especially in car accident cases, there is a lot of paperwork required to be filled. Such paperwork may be from the court, the other party, and their lawyers, medical professionals, or other entities involved in the case. This paperwork is critical to the legal case as it can have legal consequences to the lawsuit. Moreover, these documents tend to be time-sensitive. Your lawyer can manage this process on your behalf to ensure that all are filled correctly, accurately, and on time.
  • Legal Advice: Most importantly, having a lawyer assist you in a car accident case means that you can rely on them for legal advice. This is the most important value that a lawyer can provide to their client. Your lawyer can assess the facts, law, and the situation and impart your legal options on proceeding with the case

The biggest reason, if any, for retaining a lawyer in a case is often with the cost. Understandably, the price is a significant factor in determining whether to maintain service. However, as discussed above, the cost associated with keeping the services of a reputable personal injury lawyer can be justified and even be more cost-effective given the value that they provide to their client and their case.

Note that this article does not cover all the crucial aspects of having a personal injury attorney handle your car accident lawsuit. To gain a complete understanding of the advantages of retaining an experienced lawyer to represent your case, call our offices to speak with our highly regarded attorneys.

If you or a loved one has been involved in a vehicular accident, contact us at Injury Compensation Law PC. Our experienced personal injury attorneys can help you sort out your case and assess your legal options regarding your accident.

Getting hurt is the last thing anyone wants to happen, especially when your injuries are sustained on the job. Work-related injuries can directly impact your ability to perform at work, which ultimately negatively affects your livelihood. Fortunately, workers’ compensation benefits are designed to provide you with the medical treatment you need to recover from your work-related injury or illness and can partially replace lost wages during your recovery.

If you are injured on the job, it is in your best interest to understand workers’ compensation and the steps you should take to ensure you are adequately covered.

Your First Steps

If you’ve experienced a work-related injury or illness, the first thing you should do is to notify your employer immediately. The sooner you can get your situation documented by your employer, the better, even if your ailment has developed over time. You may lose your right to workers’ compensation if you do not report your illness or injury within 30 days.

Next, you need to attain the appropriate medical treatment if necessary. Make sure you alert medical staff that your ailment is work-related so they can properly document your condition. If emergency aid or medical treatment is not required, it is wise to receive first aid and an appointment with a doctor. Once your workers’ compensation claim is filed, your employer is obligated to provide medical care for you to treat the injuries you incurred while working.

Medical Related Benefits

Several benefits exist within the workers’ compensation program. Your employer is required to pay for any medical care that relates to your on-the-job injury or illness. This benefit includes treatment services, physician visits, pharmaceuticals, tests, and travel costs incurred for medical care.

Temporary And Permanent Disability Benefits

Benefits also include temporary and permanent disability relief if you lost wages because of work-related injury or illness. Suppose you cannot perform your duties at work while recovering from your illness or injury yet will be able to return to work at some point. In that case, a temporary disability benefit will help you bridge that gap. If you sustained a lifelong loss of physical or mental performance where you will be unable to return to work, permanent disability benefits would be awarded.

Supplemental Job Displacement Benefit

In cases where employers do not offer you work, and you don’t go back to work for your employer when your health is cleared to return, supplemental job displacement benefits can assist with any costs incurred for retraining or enhancing your skills.

Seeking Legal Counsel For Workers’ Compensation Benefits

Your work is your livelihood, and if you’ve been hurt on the job, you must protect your financial wellbeing. Attorneys who specialize in injury compensation will help you navigate the workers’ compensation process to ensure your rights are protected and that you receive the benefits you deserve.

Getting hurt is the last thing anyone wants to happen, especially when your injuries are sustained on the job. Work-related injuries can directly impact your ability to perform at work, which ultimately negatively affects your livelihood. Fortunately, workers’ compensation benefits are designed to provide you with the medical treatment you need to recover from your work-related injury or illness and can partially replace lost wages during your recovery. 

 

If you are injured on the job, it is in your best interest to understand workers’ compensation and the steps you should take to ensure you are adequately covered. 

 

Your First Steps

If you’ve experienced a work-related injury or illness, the first thing you should do is to notify your employer immediately. The sooner you can get your situation documented by your employer, the better, even if your ailment has developed over time. You may lose your right to workers’ compensation if you do not report your illness or injury within 30 days.

 

Next, you need to attain the appropriate medical treatment if necessary. Make sure you alert medical staff that your ailment is work-related so they can properly document your condition. If emergency aid or medical treatment is not required, it is wise to receive first aid and an appointment with a doctor. Once your workers’ compensation claim is filed, your employer is obligated to provide medical care for you to treat the injuries you incurred while working. 

 

Medical Related Benefits

Several benefits exist within the workers’ compensation program. Your employer is required to pay for any medical care that relates to your on-the-job injury or illness. This benefit includes treatment services, physician visits, pharmaceuticals, tests, and travel costs incurred for medical care. 

 

Temporary And Permanent Disability Benefits

Benefits also include temporary and permanent disability relief if you lost wages because of work-related injury or illness. Suppose you cannot perform your duties at work while recovering from your illness or injury yet will be able to return to work at some point. In that case, a temporary disability benefit will help you bridge that gap. If you sustained a lifelong loss of physical or mental performance where you will be unable to return to work, permanent disability benefits would be awarded. 

 

Supplemental Job Displacement Benefit

In cases where employers do not offer you work, and you don’t go back to work for your employer when your health is cleared to return, supplemental job displacement benefits can assist with any costs incurred for retraining or enhancing your skills. 

 

Seeking Legal Counsel For Workers’ Compensation Benefits

Your work is your livelihood, and if you’ve been hurt on the job, you must protect your financial wellbeing. Attorneys who specialize in injury compensation will help you navigate the workers’ compensation process to ensure your rights are protected and that you receive the benefits you deserve. 

What To Do After Getting Injured In a Car Auto Accident

On average, there are about 6 million car accidents in the United States every year, of which at least 27% result in non-fatal injuries, and about 6% cause a fatality. These statistics are pretty dire, so it is essential to familiarize yourself with what you can do in the unfortunate event that you are injured in a car accident.

Here is the step-by-step action plan on what to do if you get injured in a car accident:

Call 911

When you get into any car accident, the first thing to do is to call 911 and request medical assistance so that the paramedic can be dispatched, along with the responding police.  There are various types of common injuries when it comes to auto accidents.  The types of injuries and treatment can lead to establishing different types of damages for these kind of cases.

It is important to remember that you should not leave the scene even if you feel or think that you are not hurt, as traumas from car accidents are not apparent at the outset. The paramedics are medical professionals that are familiar with symptoms of car accident traumas.

Collect The Other Party's Information

Another vital task to do is to exchange information with the other driver. Under the law, both parties must provide the following pertinent information: name, address, phone number, driver's license number, license plate number, make of car, and insurance policy number.  The different types of coverage for auto accidents is very important - read our article on these types for further information. There are also often different levels of policy limits that need to be taken into account by you and your attorney when it comes to medical treatment and damages.

It is also vital to remember that you should not negotiate with the other motorist even if they express responsibility for the accident. Negotiations are best left with your legal representative to ensure that your legal rights are preserved and protected. It is not ideal for negotiating during this stage since you may not be aware of the extent of the damage both to you and your property.

Obtain Witness Information

If witnesses are available at the scene, it is prudent to obtain their contact information and ask them if they can remain in the location until they can provide their witness account of the accident to the police.

Document the Accident and the Damages

As with any legal matter, especially in physical injury accidents, documentation is critical. Every detail about the accident and your physical injuries be reported, and documentation can ensure that everything is accounted for. If you have a camera or video phone, you can document by taking a video and photos of the location, injuries, damages, and the vehicles involved.

Assist and Obtain a Copy of the Police Report

A police report is a formal document that is required by most insurance or court claims. Therefore, its integrity must be intact to ensure that it is reliable. Consequently, you must ensure that the police report contains only an accurate depiction of the accident and the extent of the damages, even if it appears to be insignificant. Moreover, please do not sign the report unless you have confirmed its content.  These reports are very important to determine who is liable when it comes time for settlement.

It is also advisable that you take the police officer's information and request a copy of the report for your records.

Seek Medical Attention

As car accident injuries may have life-altering or profound implications, it is essential to consult a doctor and get a written evaluation after the accident, even if the injuries are minor or if you feel you are not hurt at all. This is critical as not all trauma is evident soon after the time of the accident.

As documentation is critical, it is highly advisable to document your injuries by keeping a record of any symptoms you may have developed after the accident for several days or weeks. This may include any physical or psychological changes you may notice or even an existing issue or symptoms that may have been exacerbated by accident.

Seek Representation From An Experienced Personal Injury Lawyer

Another essential step to take after a car accident, significantly if you are physically injured, is to retain a competent legal representative.

As with any motor accident, the legal process consists of negotiations, paperwork, and claims between insurance companies and third-party lawyers. An experienced personal injury attorney would be able to help you with this complicated process. Still, more importantly, an attorney will advocate on your behalf to get the claim you rightfully deserve.

Note that there are exceptions to the rules and information listed above. If you or a loved one have been injured in a car accident, call our offices to speak with an experienced attorney. Our experienced attorneys at Injury Compensation Law PC can help you navigate the complex legal issues surrounding car accident injuries.  Contact us for further details.

About Us

We are former defense attorneys with years of experience working with big clients like Tesla, Amazon, Lockheed, and many of the large insurance carriers. After working with insurance companies and various employers, we decided to start our own firm to protect the rights of the injured.

Anaheim

2400 E. Katella Avenue
Suite 800
Anaheim, CA 92806

Costa Mesa

3001 Red Hill Ave.
Suite 2-222
Costa Mesa CA 92626
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