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Disability and Insurance Claims: Fair Compensation

Disability and Insurance Claims: Fair CompensationFollowing an accident, you could suffer from a temporary or permanent disability. Getting compensation for your disability, including your medical bills and present and future pain and suffering, involves determining your prognosis and the extent to which your disability affects your life.

 

Short-Term or Long-Term Disability?

 

A broken bone can leave you disabled for a few months. A spinal cord injury can leave you disabled for life. You need to know how long your doctor expects you to be disabled to seek fair compensation for your debilitating injury.

 

Other Factors to Consider

 

Once your doctor gives you a prognosis on whether or disability is short-term and expected to heal or permanent, you need to consider how your disability affects your life. A short-term disability might put you out of work for a month or two, meaning your damages could include lost wages. If you are unable to return to work ever because of a permanent disability, your damages should reflect your life-long needs, not just those of the present.

 

Why Your Lifestyle Matters

 

You may also recover compensation for your loss of functioning, ability to take care of yourself or your family, and your loss of enjoyment in life. If you are left paralyzed, and you have a family to take care of, your settlement should reflect your loss of capacity. Similarly, if you were a professional athlete and no longer able to play due to your disability, your settlement should reflect both loss of income and your inability to participate in your regular activities.

 

A Note of Caution

 

If you have been disabled in an accident and are seeking compensation, you should work closely with an Arlington Heights auto accident attorney. Cases involving disability can be complicated, especially if the disability is permanent. Your eligibility for Social Security Disability could affect your claim, as could any workers’ comp benefits you could receive. In short, many factors can affect your claim, so you should have skilled legal representation when filing your claim. An attorney can serve as your advocate so you can focus on recovery and treatment.

 

A disability can affect your life in many ways. If you have a disability, make sure your priority is taking care of yourself. Follow your doctor’s recommended treatment plan, stay healthy, and seek support from friends and family.

 

If you’ve recently been injured and need help with your insurance claim, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

 

Life-Altering Injuries: Seeking Compensation for Immobility

Life-Altering Injuries: Seeking Compensation for ImmobilityIf you suffered life-altering injuries in a car accident, you could be entitled to compensation for your damages. Damages can include medical bills, pain and suffering, and lost wages. When it comes to significant injuries that cause immobility, however, determining your damages can be complicated. Many factors can affect your settlement, and it’s important you receive fair compensation for all your losses. You should always work with a knowledgeable Illinois personal injury attorney if you have been seriously injured in an accident, but the following information can help prepare you for your first meeting.

 

The Significance of Immobility

 

If you’ve lost your mobility temporarily or permanently, your life will change. You could have ongoing medical costs, lose your ability to work, and taking care of your family may be impossible. It’s hard to imagine any settlement can truly compensate someone for immobility, but here are a few factors that can influence such a claim.

 

Is your immobility permanent? If so, your settlement needs to reflect your future medical bills and pain and suffering.

 

Have your reached maximum medical improvement (MMI)? MMI is an important criterion when doctors treat severe injuries. You’ve reached MMI if you have healed to the extent that you can, and your doctor does not expect your condition to improve. This can be considered a treatment plateau. If you are immobile because of a severe injury and your doctor believes further treatment will not heal or improve your condition, you may be ready to start settlement negotiations.

 

What was your life like before your injury? Were you active? Did your job require you to do physical labor? These details of your life can affect your settlement because they reflect your unique losses. No personal injury settlement is the same, due in part to these various factors. If your job involved physical labor, you might not be able to return to your line of work. If you need training or an education to find a new job, your settlement could include an amount for that.

 

Similarly, if you skied, hiked, competed in marathons or otherwise enjoyed a very active life, your compensation should reflect the significant losses you’ve suffered. Don’t discount these small details, even if the insurance company does.

 

Moving on With Help

 

Another significant factor is whether you need help to take care of yourself. If you are unable to take care of your daily needs, you may need a home health aide or to stay in an assisted living facility. Again, your settlement should reflect the cost of this care, which can be significant.

 

Handling a personal injury claim on your own can be overwhelming, even more so if you suffered serious injuries and are immobile. You should be focusing on treatment and figuring out what you need to help you adapt to your condition, not fighting for your right to fair compensation with insurance companies. Find an experienced Arlington Heights personal injury attorney who can be your advocate and handle your claim while you focus on what’s important.

 

If you’ve been seriously injured, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

Accessing the Damages: Seeking Compensation for Pain and Suffering

Accessing the Damages: Seeking Compensation for Pain and SufferingIf someone is injured as a result of someone else’s negligence, that person is entitled to compensation for his or her damages. Damages can include medical bills, lost wages, and pain and suffering.

 

What Is Pain and Suffering?

 

Generally speaking, pain and suffering is the physical and emotional distress caused by an injury. But pain and suffering differs from financial damages such as bills and lost wages and is not calculated using bills and other economic costs. Nevertheless, it can be an important component of a fair settlement that restores the claimant to his or her original condition.

 

Injuries can be very painful. Additionally, they can be emotionally distressing, especially if they prevent a person from living a fulfilling life. Even something as simple as a broken bone can cause significant emotional distress if it keeps that person from doing the things he or she enjoys or living an independent life.

 

Compensation for Pain and Suffering

 

You deserve compensation if you cannot live your life to the fullest. But claiming pain and suffering can be difficult. Insurance companies sometimes dispute the calculation of this specific type of damage. Filing a successful claim takes providing ample documentation of your pain and suffering as it applies to your life and specific injury.

 

Calculating Compensation

 

Every person’s pain and suffering differs. Again, pain and suffering do not have a direct financial impact like bills do. With that in mind, you should speak with a personal injury attorney if you are seeking compensation for pain and suffering. Calculating a fair amount for your pain and suffering takes experience and an understanding of personal injury law in Illinois. An attorney will consider your medical bills and other direct financial losses when calculating your pain and suffering. Your financial losses are a good place to start when determining the financial value of your total experience.

 

You deserve fair compensation for all your losses. However, when dealing with insurance companies, you may face some resistance if you try to claim pain and suffering. Work closely with a personal injury attorney when claiming pain and suffering. An attorney can make sure you receive a full and fair settlement.

 

If you’ve recently been injured and need help with your insurance claim, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight aggressively on your behalf. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

 

 

Contributory Negligence: Can I Be Found Partially at Fault?

Contributory Negligence: Can I Be Found Partially at Fault?Typically, a plaintiff can file a personal injury claim to seek compensation for damages caused by another person’s negligence, recklessness, or intentional behavior. A plaintiff is not, however, entitled to full compensation for all damages if he or she were partially responsible for the accident.

 

The Rules of Claims

 

The facts and circumstances of your case can significantly influence your right to compensation. If you were partially at fault for your accident, whether or not you could file a claim depends, in part, on to what extent you were negligent. Illinois law prevents plaintiffs from receiving full compensation if they had any contributory negligence.

 

When You’re Both to Blame

 

Under Illinois’ modified comparative negligence law, the plaintiff’s recovery (the money the plaintiff can get) is reduced by the plaintiff’s contributory negligence (the percent he or she was at fault). For example, if the plaintiff stood to recover $10,000 in damages but were %50 at fault, he or she could only recover $5,000.

 

The plaintiff is barred from all compensation if a judge or jury decides he or she were more than 50% at fault. So, if you were found 51% at fault, you would not be entitled to any compensation for your losses. The same rule applies to the other party to the case.

 

However, if the plaintiff were 50% at fault, he or she would still have some right to compensation. One percent of fault can make a huge difference. For this reason, it’s important to handle cases involving partial fault very carefully as the facts and circumstances of the case can mean the difference between fair compensation and walking away with nothing.

 

Never Face Your Claim Alone

 

With this in mind, it’s important to consult with a knowledgeable Illinois personal injury or accident attorney in your area. If you are partially at fault for your accident, you need experienced legal representation. Indeed, these types of cases can be difficult to handle. The insurance company may argue you were more than 50% at fault, in which case they would owe you nothing. An attorney can make sure you present solid evidence and a compelling argument in your favor.

 

If you have been injured in an accident and are partially at fault, Arlington Heights personal injury attorney Ronald F. Wittmeyer can help. With more than 30 years experience practicing plaintiffs’ personal injury law, we can fight to get the compensation you deserve. Serving the Northwest suburbs including Arlington Heights, Buffalo Grove, Palatine, and surrounding areas, the Law Offices of R.F. Wittmeyer, Ltd. helps level the playing field against major insurance companies and corporations. If you’ve been injured or involved in an accident, call our office at (847) 357-0403 or fill out our online form to schedule a free consultation with one of our highly qualified Arlington Heights personal injury attorneys. The sooner we can learn about your case and your needs, the more effective we can be at recovering fair and adequate compensation for your losses.

 

 

About the Firm


Ronald F. Wittmeyer, Jr. practices plaintiffs' personal injury law at his office in Arlington Heights, Illinois.

About Ron

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