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Do All Personal Injury Claims Result In Compensation?

Posted by on Mar 7, 2016

Do All Personal Injury Claims Result In Compensation?

When you’ve experienced a personal injury, hired a lawyer and filed a claim, the next question is simple: will this claim result in the compensation that I need to take care of all my medical bills and the resulting pain and anguish?

While there is no way of knowing whether you will receive compensation without knowing the particulars of the case, there are a number of factors that determine your ability to receive the necessary compensation, so let’s take a closer look.

1. The Track Record of the Personal Injury Lawyer

Assuming that your case has already been fully investigated and vetted for its veracity, the most important factor in your ability to receive the correct amount of compensation is the experience level and track record of your chosen personal injury lawyer. Be sure to ask them about cases that they have handled in the past and what methods they will be using to ensure that you receive the compensation that is rightfully yours before making a hire.

2. Investigation Results

A personal injury lawyer spends a great deal of time investigating all of the information regarding your case and once the motion for discovery has been issued, they’ll also investigate and interrogate the defendant whenever possible. This gives them a chance to determine the settlement amount that you can reasonably expect to receive.

While exact dollar figures are not tossed around during this stage of the proceedings, a ballpark figure is floated.

3. Documentation/Paperwork

There is no insurance adjuster alive who is simply going to take your word for it and authorize a massive settlement check. Every aspect of your personal injury claim is going to have to be proven beyond a shadow of a doubt. The insurance company is not there to hold your hand and guarantee your ability to receive compensation. They are there to limit the amount that you are entitled to. As a result, you will need to meticulously document your case, your injuries and provide as much proof as possible.

4. Level of Patience

An insurance adjuster usually offers a settlement amount during the early stages of a personal injury claim and while this level of compensation may seem helpful in the moment, these types of low ball offers should not be accepted under any circumstances.

The level of patience that a plaintiff displays will determine their ability to obtain the rightful compensation. Lunging at the first palatable offer is exactly what the insurance adjuster is (literally) banking on.


While all personal injury claims do not result in compensation, you can increase your odds by considering the aforementioned factors. By retaining a legal representative, collecting all of the necessary documentation that allows them to do their job to the best of their ability and remaining patient, you can receive the compensation you so richly deserve.

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Lost Wages Can Be Factored Into A Personal Injury Case

Posted by on Mar 7, 2016

Lost Wages Can Be Factored Into A Personal Injury Case

The financial toll that a plaintiff experiences in a personal injury case as the result of their lost wages can be devastating from a variety of standpoints. Victims who have experienced injury as the result of another person or corporation’s negligence are entitled to seek damages. Lost wages can be factored into a personal injury case and often serve to form the nucleus of an eventual settlement.

To calculate lost wages during a personal injury case, total employment compensation must be considered. There are a variety of other factors besides your lost wages that are a part of the equation.

The Difference Between Lost Wages and Lost Compensation

Lost wages are easy enough to factor into a personal injury case. All the victim needs to do is provide some proof, in the form of direct deposit slips and/or pay stubs.

Lost compensation is also included and there are a number of additional types of employee compensation that a personal injury lawyer considers when proposing a settlement that is fair and just to the plaintiff.

The insurance adjuster who has been assigned to your case is certainly not going to point out these forms of lost compensation to the plaintiff. As a result, it is up to the plaintiff and their personal injury lawyer to fight for what is rightfully theirs. The best in this job are dallas accident lawyer.

Additional Forms of Employee Compensation

Sick Days

If the victim of an accident is forced to burn through their sick days as the result of any injuries that they have sustained, these need to be included in their overall settlement amount. A plaintiff has the right to be compensated for those days, since they will no longer have them at their disposal.

Vacation Time

Some accident victims may need to dip into their vacation time in order to recover from their injuries and continue to pay for their bills and expenses as they mend. A plaintiff is entitled to every vacation day lost as the result of negligence.

Bonuses

These could be bonus days off that the plaintiff was forced to use or it could refer to any bonus pay that the victim lost out on because they were unable to work. Those who are realistically in contention for bonuses, lost out on this money due to injury and can provide proof in a court of law are entitled to these damages during a settlement negotiation. As you can see, lost wages can be factored into a personal injury case, as well as any other form of workplace compensation that you lost out on due to an accident.

If the plaintiff is honest and truthful about their lost wages and compensation and is willing to provide proof, all of the aforementioned expenses are factored into their eventual settlement.

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