Injuries in the workplace are a common occurrence in companies all around us. However, while some injuries are purely accidental, others are usually down to the companies’ or third party’s negligence. The third-party in this case can mean manufacturers and suppliers of equipment or building owners, etc. Most of the victims usually seek to go to court on their own, which can be very tricky due to the very many legal hurdles and jargon used that they may not necessarily understand. Unfortunately, most give up or end up spending thousands of dollars trying to fight for their rights alone. Some employers and insurance companies are also fond of devising ways they can reject personal injury claims, especially where legal loopholes exist.
If you guessed right, this is where personal injury lawyers come in. Luckily, a good injury lawyer can help increase the odds of you winning your case and receiving fair compensation. With more bias on workplace personal injuries,
Here’s how a personal injury attorney can help with your case.
Representing You in Hearings
In case you’re injured at work, for instance, a personal injury attorney will be able to represent you in a workers’ compensation board hearing where your case is presented for compensation. During the investigation process by the company, your attorney will be able to take relevant witness statements involved in the case, perform legal research on the company and laws of the country that can boost your case and also table submissions crucial to your win on time. Using the evidence that has been collected, he can be able to come up with a theory to support your claim for benefits. When dissatisfied with the compensation board’s judgment ruling, the attorney can advise you on the appeal process.
Develop Concrete Evidence
One of the most common reasons why companies and insurers refuse to approve personal injury claims is insufficient evidence and proof of negligence, and this occurs in many states across the country. So, to have a greater chance of winning your personal injury claim case, you need to have and be able to present strong and concrete evidence to support your claims. According to Attorney Matt Stoddard from The Stoddard Firm, personal injury lawyers in Atlanta, good personal injury attorneys spend extensive time and resources in gathering and compiling proof and evidence to strengthen your case. While you can have some proof as an individual, having an experienced personal injury lawyer will increase your chances of winning exponentially. Your attorney will definitely be able to gather evidence much more effectively and efficiently using resources not readily available to you.
The attorney conducts depositions during the hearing of medical experts, arranges for your treatment with physicians that are renowned while obtaining their medical opinions about your injuries. They also gather any relevant information from your company as well as your medical history and other sources to help build your case. Other sources of evidence may include testimonies from your fellow employees and family about your daily activities at the company, testimonies from experts that are well versed in your job requirements and records from your company that may show its history of poor workplace safety and insufficient staff training.
Negotiating and Structuring Settlement Agreements
Having a personal injury attorney can also help get you an accurate estimate of how much your case is worth in terms of damages, benefits, and the likelihood of getting them. With this, you get to know the true position you’re in to avoid overestimating your situation. Your lawyer can also negotiate settlement with insurers and employers on your behalf based on the extent of your injury that you received and the extent that those injuries have limited your day to day activities, the previous wages that you were earning before your injury, whether your employer previously owed you wage loss benefits and late payment penalties and whether the lasting impairments will result in permanent disability.
The attorney will also be able to navigate the tricks and hurdles that insurance companies employ to try and underpay the benefits or deny injury claims altogether. A great attorney will also be able to negotiate a well written and sound agreement that will avoid any future negative consequences such as penalties and fines as well as take into account whether future medical expenses will also be included.
In case your claim is not so complex, you could navigate it alone but, of course, with a little help from your injury attorney. In this case, you’ll be using them for their extensive knowledge of the law, perhaps at a considerable fee. Most importantly, they can provide you with advice that may help you not to engage in actions that could have adverse effects on your claim. For instance, missing to file your claim within the required time-frame could nullify it all together, and this may not happen if you have an ear for your injury lawyer.
Advice On Other Potential Benefits On 3rd Party Claims
In some cases, the injury sustained while at work may be as a result of a third party, such as manufacturers or suppliers and not of the company, but the employer played a small role in it. In this case, the attorney will be best poised to navigate through the various legal complexities and come up with a solid case. Also, it is worth noting that personal injury claims may be more valuable than workers’ compensation claims as it may result in compensation for additional damages like trauma and suffering to the affected party and the family.
When one sustains a personal injury, either at the workplace or on another person’s property, due to a defective product, or the negligence of another person, they ought to be compensated for the damages they suffer. In most cases, personal injury claims can compensate for damages like medical costs, pain, suffering, lost wages, disability, and after treatment care.