If you are injured on the job you may need a Personal Injury Attorney and a Worker’s Comp Attorney.
Two Attorneys? Why Would I Need Two?
For example, if you work as a delivery driver and you are involved in a car accident that is not your fault, you may entitled to a third party claim. So you would have a workers’ compensation claim, and a separate claim against the at fault driver. If you are on the job and injured because of someone else’s negligence or intentional misconduct, and that person was not a fellow employee, you may also have a third party personal injury claim. If you are at work and are injured using a defective product, you may also have a product liability case to go along with your workers’ comp claim.
In Some Cases, You May Need to Bring Your Claim in Another State
To get your maximum recovery (or just to have any recovery due to the stringent laws of Virginia), you may need to bring your claim in another state. You may not have a viable claim in Virginia but you may have a very good case in another state. I have had several cases in the past where I was able to bring and resolve a case that was previously barred in Virginia to another state (with better laws) and obtain a fair settlement for my client. In other cases, I was able to determine that the value of the case was higher if filed in another state and was able to obtain more money for my client.
If I have a case, what happens next?
Your number one goal is to get proper medical treatment and recover as best you can. Some clients have a complete recovery, some clients go on to need surgery, and some clients have pain that continues for the rest of their lives.
We can make a claim for your lost wages (past and future), the cost of your medical expenses (past and future), past and future pain and suffering and a claim for any permanent physical disfigurement-this could be scarring or loss of limb.
I will begin the task of identifying what insurance is available for you. This includes workers’ comp, medical payments coverage, health insurance, liability coverage and uninsured or under-insured motorist coverage. We will also investigate the crash, locate witnesses and gather all of your medical bills and records. We may have to speak with some of your physicians to determine future medical care that he/she has not discussed with you yet. This takes a while to set up and is very costly. We will do this only after we have reviewed your medical records and determined that it is in your best interest.
Sometimes, your claim can be settled without a lawsuit. In other cases, settlement occurs after the lawsuit is filed and in others, settlement is never reached and we will go to trial.
If your case goes to trial, I will present all documentation to the judge or jury to prove your claim. The evidence is presented through your testimony, your medical bills, and lay and expert witness testimony. The trial can take as little as one day or as much as a week or more.
What Can I Do Now to Help My Case?
- Take pictures of your injuries (bruises, stitches, scars and any other visible signs of injury) and any property damage.
- If you were injured by a defective product or dangerous equipment click here for a complete list of ways to protect your claim.
- Follow your doctor’s orders and go to all appointments- It is important for you to focus on healing.
- Be sure to communicate with your doctor -if you are in pain, tell your doctor and make sure the doctor documents your injuries. Ask the doctor to give you specific directions regarding your limitations (i.e. can not stand for long periods of time, cannot lift items in excess of 10 lbs, etc.)
- CALL The Thomson Law Firm for a FREE consultation today (540) 777-4900
