....Types of claims available and what you need to watch out for!!!...
When you or someone you love is injured or becomes disabled, the law may provide assistance in coping with the situation. People are not always aware of important legal rights they have which can assist them with their difficulties. This article will discuss four main areas in which a lawyer can help those with injury or disability.
Arkansas law provides certain rights for compensation to those who are injured in motor vehicle accidents due to the carelessness of another driver. The amount of money you receive depends upon how much the injury affacts the person's life, and the other factors. Areas of compensation include medical expenses, lost earnings, and pain, suffering and mental anguish. Sometimes other types of compensation are available.
Often a lawyer is able to help the person get substantially more money for his injury, especially with regard to future medical and wage losses, and pain and suffering. He can assist you in keeping proper records of your injuries and presenting them to the insurance company of the party at fault, or in court if the case cannot be settled to your satisfaction.
Individuals sometimes try to quickly settle their claims directly with the insurance company without a lawyer. This is generally not advisable. Once an accident case is settled, you cannot change your mind and ask for more money even if it later turns out your injuries were more serious than expected.
You should contact a lawyer promptly after suffering such injuries. Waiting can result in the claim being totally barred by the statute of limitations.
The Social Security Administration administers claims for money and health-care (Medicare and Medicaid)benefits for persons who become disabled before normal retirement age. In order to qualify, it generally must be shown that the person is unable to work at any gainful activity for at least a year. In making this determination, all your injuries, illnesses and infirmities are taken into account.
People sometimes think they can obtain Social Security disability benefits simply because they are no longer aable to perform their normal work as a result of injury or illness. This is not the case. If they cannot perform their old job, but can do some type of lighter duty work, they may not qualify. The law and regulations in this area are quite complex. For example, age, pain and other factors are taken into account in deciding whether a person could actually make the adjustment necessary to perform at lighter-duty job.
Because of the legal complexities, lawyer assistance is often helpful in presenting your case to the Judge. Your lawyer can 1) research the law as it applies to you; 2) help in obtaining your medical records and other evidence; and 3) present the unique factors in your case to the Judge. In many cases persons who were at first denied benefits are successful in obtaining them after a lawyer has helped them.
If you think that you might qualify for Social Security Disability, you should apply at your local Social Security Office. If your claim is denied at first, you should promptly ask for reconsideration. If your request for reconsideration is denied, you should request a hearing before a Judge within the time period specified in the denial of reconsideration. If you have not already contacted a lawyer, you should do so when you request a hearing.
There is no penalty for being unsuccessful in your claim for Social Security Disability benefits. Should your claim be denied, even after a hearing with the help of your lawyer, you can apply again at a later date.
For additional information please visit Can I qualify for Social Security d isability?
Arkansas law provides certain benefits for person injured while at work. The worker should promptly tell his employer about the injury, and obtain medical care. He should also seek the help of a lawyer.
The worker is entitled to have all reasonable medical and hospital bills paid. If he cannot work for a period of time while he is healing, he can receive temporary money benefits. He may be entitled to substantial additional money benefits if he receives a permanent injury such that his long-term ability to earn money is decreased. In the event of death, his spouse and children would be entitled to benefits. Additional help may also be available, including vocational rehabilitation.
Lawyer assistance with work injuries can be helpful in many ways. For example, an employer may deny than an injury was caused by work. The lawyer might be able to assist the worker in proving that the injury was truly work-related, thereby qualifying him for benefits. Another example would involve the work injury being admitted, but the employer's insurance company refusing to pay the money and medical benefits justified by the seriousness of the injury. A lawyer skilled in workers' compensation can present the worker's injuries to the Judge so that he is more likely to understand their seriousness.
The worker should act promptly in making his claim. Benefits can be denied for the time period before he tells his employer of his injury. As with motor vehicles, waiting too long can result in the claim being totally barred by the statute of limitations.
In some instances an injured or disabled person may have disability insurance obtained through his employer, or purchased directly from an insurance company. Typically these insurance plans provide for short-term disability payments for a specified period of time, and, where appropriate, long-term benefits for a much longer period.
Normally it must be proven only that the person can not perform his current job (as opposed to Social Security disability, where it must be proven that he cannot perform any jobs). In many disability insurance plans, the benefits are reduced if the person also receives Social Security disability.
If the insurance company resists making payments, it is advisable to retain an experienced attorney early on. This will enable the attorney to review the policy and law and obtain needed evidence within the time limits required for making a claim. If a disabled person waits too long, even a lawyer skilled in disability claims will be unable to help.
The above are areas of injury and disability law in which lawyer assistance can be helpful. It should also be noted that sometimes these areas overlap. For example, a worker driving a vehicle as part of his job might be seriously injured when a careless driver runs a stop light. The worker would have a claim against the other driver as well as a workers' compensation claim, and he might qualify for Social Security Disability benefits as well.
Our office provides help in motor vehicle accident injuries and disability claims. As mentioned, it is wise to hire a lawyer as early in your case as possible. If we accept the case you will not owe any attorney's fees unless we recover money for you. If you are not represented by a lawyer, please call us for a free analysis of your case! Our numbers are 479-968-4747 (Russellville area) or 888-295-4741 (toll-free).
Copyright (c) 2011, Jim Carfagno, Jr., P.A. All rights reserved