Based on statistics gathered from the U.S. Department of Justice in 2005, over 60 percent of trials that commenced within the court system were related to personal injury. This number is steadily increasing and because hundreds of thousands of accidental deaths occur each year in the United States, the demand for personal injury claims and litigation is elevating. Whether the personal injury case is related to an assault, road accident, work injury or product liability, the assistance of a worker comp lawyer will influence the outcome of the case. The success rate of a case is proven to swell when help is gained from a worker comp lawyer, but how exactly is the settlement calculated?
For the worker comp lawyer to accurately assess the potential award, certain factors must be taken into account. While most people believe the award to be determined by the seriousness of the injuries suffered by the client, financial loss and stress will also affect the result. The position of the client before and after the accident will be analyzed, so that a final decision can be made. ‘Special damages’ is the term used to refer to financial losses and these losses will fall into various categories.
Special Damages
If items were lost or damaged during the accident, the value will be considered by the worker comp lawyer. If the client was admitted to hospital and underwent treatment or surgery following personal injury, the medical expenses will also be added onto the list of special damages. Other expenses focused on include the cost of living as a disabled person and the cost of full-time care, if necessary. The final part of the special damages assessment will be the loss of earnings. If the client was out of work following a serious accident, the worker comp lawyer will use this to calculate a settlement.
Types of General Damages
It is not just special damages that will be looked at by a worker comp lawyer but also, general damages. It is difficult for a worker comp lawyer to calculate this damage mathematically but with evidence, the following general damages can go in the client’s favor:
Factors to Take Into Account
Further evidence must be gathered by the Chicago worker comp lawyer so that the final decision is fair. Once the claimant provides evidence that the affected part(s) of the body required treatment or prevented them from living life normally, other factors will be looked at to ensure the compensation amount is exact. These are:
For the worker comp lawyer to accurately assess the potential award, certain factors must be taken into account. While most people believe the award to be determined by the seriousness of the injuries suffered by the client, financial loss and stress will also affect the result. The position of the client before and after the accident will be analyzed, so that a final decision can be made. ‘Special damages’ is the term used to refer to financial losses and these losses will fall into various categories.
Special Damages
If items were lost or damaged during the accident, the value will be considered by the worker comp lawyer. If the client was admitted to hospital and underwent treatment or surgery following personal injury, the medical expenses will also be added onto the list of special damages. Other expenses focused on include the cost of living as a disabled person and the cost of full-time care, if necessary. The final part of the special damages assessment will be the loss of earnings. If the client was out of work following a serious accident, the worker comp lawyer will use this to calculate a settlement.
Types of General Damages
It is not just special damages that will be looked at by a worker comp lawyer but also, general damages. It is difficult for a worker comp lawyer to calculate this damage mathematically but with evidence, the following general damages can go in the client’s favor:
- Lost wages
- Bills for special care and specialist equipment
- Inability to continue working
- Loss of pension
- Suffering, pain and mental anguish
Factors to Take Into Account
Further evidence must be gathered by the Chicago worker comp lawyer so that the final decision is fair. Once the claimant provides evidence that the affected part(s) of the body required treatment or prevented them from living life normally, other factors will be looked at to ensure the compensation amount is exact. These are:
- The age of the claimant
- How day-to-day life was affected
- How long the recovery process was
- What treatment was provided
- What treatment will be ongoing (if any)
- What the symptoms were
- If the accident intensified an existing problem.