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Will You Need a Personal Injury Lawyer?

By: Donald Fite


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Attorneys with expertise in the area of worker's compensation can be very valuable in personal injury litigation.

Anytime you have need of specific information about legal issue, it's important to speak with an attorney. Not everyone knows that compensation and personal injury law can be viewed in the same general terms. Each individual claim is clearly different, however, and we may miss some vital piece of information that a lawyer would pick up on.

Keep in mind that any description or indication of limitation in regards to a legal practice doesn't mean that lawyer has been certified by any board to be an expert in whatever field of law is indicated. It is for this reason that it is always a good idea to conduct your own investigation of any lawyer or law firm before you hire them. Whatever you do, don't just choose a lawyer because you saw him on television or because a legal service claims to be "the experts" in your area within a certain 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. The long recuperation time caused you to be fired from a position you've had for more than twenty years. Not only that, your surgery will only restore the knee to 80 percent efficiency.

Based on that, you are awarded 44 weeks of worker's compensation payments by your insurance company. But could you be entitled to more? There are many reasons that you should consult with a knowledgeable and experienced personal injury specialist, including specific factors that need to be considered that would allow for increased compensation.

A knee injury is a scheduled claim. A knee injury is compensated based on 220 weeks according to the schedule. Therefore the determination of 20 percent loss in the knee function translates to the same percentage of 220 weeks, or 44.

It is most likely that you are entitled to get a second opinion concerning the rating. One example would be if you find yourself have experiencing problems with depression due to the work-related injury, you may be owed higher benefits. If you experience problems with your back due to your knee injury, you may be entitled to greater award.

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. Whatever you do, you should not take the word of the insurance carrier at face value. Contact someone who has a reputation as a good worker's compensation attorney to discuss the various factors and your rights.

You may also wish to ask additional questions. Why should your employer be able to make excuses about why they are responsible for causing this accident? The insurance companies expend a tremendous amount of effort to perpetuate the idea that most personal injury cases are simply a waste of time for the court system, because they are bogus.

These continuous efforts have made an impact on the minds of many potential jury members. Basically, people have these "toxic" thoughts swimming around in our heads before they serve jury duty, polluted by the disinformation from insurance companies.

And most defense attorneys believe that they can use any one of a million excuses to get their clients off the hook for your injuries. 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.

A certain amount of skepticism by a jury, in regards to an injured person's claim, is definitely appropriate. In order to conduct a fair trial, your jury needs to maintain even skepticism across the board, when discussing all aspects of the case. Of course, our legal system entitles both complainants and defendants to be heard by a fair and impartial jury.

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