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Head and Brain Injury Attorneys

If you have suffered a head injury on the job and are preparing to file a workers’ compensation claim, you probably have a lot of questions about what to expect during the process. Do all workers’ comp cases end in a settlement? How often do workers’ comp cases go to trial? Our team of head and brain injury attorneys Atlanta at Bobe & Snell Law Office LLC is ready and more than happy to answer all of your questions meticulously and comprehensively. Furthermore, we will help you navigate the Georgia workers’ compensation process while ensuring that you get everything right from the onset until you get the compensation that you deserve.

Do All Workers’ Comp Cases End in a Settlement?

Most workers’ compensation cases end in settlement, with the injured worker accepting one lump sum of money. The settlement amount is intended to cover the cost of past and future medical care relating to the injury, partial or total disability, or temporary or permanent disability.

How Often Do Workers’ Comp Cases Go to Trial?

Approximately 5% of workers’ comp cases go to trial. If you are unsatisfied with the settlement amount you were offered or your employer’s workers’ comp insurance company has denied your claim, your attorney would take your case to trial.

What Factors Affect the Odds of Winning a Workers’ Comp Case?

There are several factors that can help to increase your odds of winning a workers’ comp case, including:

  • Don’t Delay Reporting Your Claim: Following an injury on the job, you should report it to your employer as soon as possible without delay.
  • Seek Prompt Medical Treatment: Don’t delay seeing a doctor to have your head injury treated. While there, be sure to explain that the injury happened at work. Follow your doctor’s exact recommendations, be it physical therapy, resting the injured body part, etc.
  • Hire an Experienced Workers’ Comp Attorney: It is not technically a requirement to have an attorney with you at your hearing, but it is strongly recommended for success. Your hearing is the time to convince the judge that you are entitled to workers’ comp benefits, so you will want to have someone advocating for you who can make strong legal arguments and present solid evidence.

Settling a Workers’ Comp Claim Out of Court

Taking a workers’ compensation case to trial can put you through a lot of stress — on top of the stress you have already experienced as a result of your injury. Thankfully, as we noted above, most cases can be settled outside of court. Here is some more information on the process of settling a workers’ comp claim:

  • The typical way to start settlement negotiations is to have your attorney present the insurance company with a settlement demand. The insurance company will either accept the demand, reject it, or respond with a new offer. Settlement negotiations will continue until you reach an amount you feel is fair.
  • The settlement amount you are offered will depend on several factors, including but not limited to: your medical records, your job duties, and the circumstances of your injury.
  • Once you have agreed to a settlement amount from the insurance company, it needs to be sent to the Georgia State Board of Workers’ Compensation, where an arbitrator will review the settlement contract to determine whether it is reasonable and free of error.

Should I Hire a Workers’ Comp Attorney, or Can I Handle My Own Case?

If you have suffered a work-related head injury or illness, you may be wondering whether to hire a workers’ compensation attorney. The answer depends on the severity of your head injury, the overall complexity of your case, and the actions of your employer (or its insurance company).

Learn about which work-related injuries you can probably deal with on your own—and the severe situations – such as traumatic brain injury (TBI) – when you will need help from Atlanta head and brain injury attorneys to get the benefits you deserve.

When You Can Probably Represent Yourself

Generally, you may be able to get by without an attorney if all of the following statements are true:

  • You suffered a minor workplace injury, such as a twisted ankle or a cut requiring a few stitches.
  • Your employer admits that the injury happened at work.
  • You missed little or no work due to your injury.
  • You don’t have a pre-existing condition that affects the same part of your body as the recent workplace injury (such as an old back injury from a car accident that was there before you slipped and hurt your back on the job).

Even in these relatively uncomplicated situations, it is often a good idea to consult a workers’ compensation attorney about your case. The lawyer can walk you through the process, alert you to potential pitfalls, and give you an honest appraisal of whether you can handle the case on your own.

When to Hire a Lawyer

The moment any complexity arises in your case is the moment you should hire an attorney. Here are some examples of situations that call for a lawyer’s intervention:

  • Your employer denies your claim or doesn’t pay your benefits promptly. Employers and workers’ comp insurers routinely reject bona fide workers’ comp claims, confident that many workers will fail to appeal. Unfortunately, they are usually correct. Hiring a workers’ comp attorney costs nothing upfront, and it gives you the best chance to receive a fair settlement or award for your injuries.
  • Your employer’s settlement offer doesn’t cover all your lost wages or medical bills. If you are not sure a settlement offer is good enough, don’t rely on the workers’ compensation judge to make sure that you are getting a fair deal. Although workers’ comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it is not grossly unfair. If you really want someone to get you the best settlement possible, have an attorney by your side.
  • Your medical issues prevent you from returning to your prior job, limit what you can do at work, or keep you from performing any work at all. If you have suffered permanent disability—whether partial or total—you may be entitled to weekly payments (or a single lump sum) to make up for your lost wages. These cases can be very expensive for insurance companies, and they will often stop at nothing to avoid paying you what you deserve. The knowledge, experience, and expertise of Atlanta head and brain injury attorneys are indispensable in cases involving permanent injuries or illness.
  • Your boss retaliates against you for filing a workers’ comp claim. If your employer has fired you, demoted you, reduced your pay, slashed your hours, or engaged in any other form of discrimination because you filed a workers’ comp claim, you should contact a workers’ comp attorney immediately to protect your legal rights.
  • You receive or plan to apply for Social Security disability benefits. If your settlement isn’t structured properly, your workers’ comp benefits could significantly lower Social Security disability payments. An experienced attorney will understand how to draft your settlement agreement to minimize or eliminate this offset.
  • You were injured because of a third party’s actions or your employer’s serious misconduct conduct. The workers’ comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers’ comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn’t have workers’ comp insurance, or your employer intentionally caused your injury. An experienced workplace injury lawyer will be able to explain how the law applies to your situation.

What Your Attorney Will Do for You

In addition to making sure you file all the necessary forms and meet the deadlines, an experienced attorney will know how to gather the evidence needed to support your case, negotiate effectively with the insurance company, and write a settlement agreement to avoid unanticipated consequences.

If you can’t agree on a good settlement, your attorney can prepare for and represent you at the hearing or trial.

Tilting the Scales in Your Favor!

The workers’ compensation system may have been intended to provide prompt and fair compensation to injured workers. But now, it seems to work mostly for the benefit of employers and insurers.

Moreover, insurance companies have teams of highly trained workers’ comp lawyers on their side. Hiring a seasoned workers’ comp attorney will go a long way toward tilting the scales in your favor. And because of the way workers’ comp attorneys charge for their services, your lawyer will only receive a limited percentage of what you win.

If you are in any doubt about your ability to handle your claim yourself, don’t hesitate to call our workers’ comp attorney for a free consultation. Whether your workers’ comp case is brought to trial or settled through negotiation, you can count on the head and brain injury attorneys at Bobe & Snell Law Office LLC to look out for your best interests ardently.

Head and Brain Injury Attorneys

Just like the many clients we have helped get a favorable settlement or verdict over our years in practice, we want to see you get the benefits you deserve. Call us now at (470) 268-5802 or contact us online today to get started with a FREE, no-obligation consultation/case review.

Head and Brain Injury Attorneys

Head and Brain Injury Attorneys

In putting together your personal injury settlement demand letter, you figured out a range of what you believe your claim is worth. You decide on a minimum settlement figure you would accept within that range before you speak to an insurance adjuster about your demand. Call us today at (470) 268-5802 we have a team of Atlanta head and brain injuries lawyers who can help you file a personal injury or workers’ comp claim.

During negotiations, mention any emotional points supporting your claim. For instance, if you have sent the adjuster a particularly strong photo of a severe-looking injury or a smashed car, refer to it. Contact Bobe & Snell Law Office LLC, today at (470) 268-5802 we have a team of Atlanta head and brain injuries lawyers who can help you file a personal injury or workers’ comp claim, and subsequently, negotiate a settlement for you.

If the adjuster makes an offer so low in your first conversation that it’s obviously just a negotiating tactic to see if you know what your claim is really worth, do not immediately lower the amount you put in your demand letter. Contact Bobe & Snell Law Office LLC today at (470) 268-5802  we have a team of Atlanta head and brain injuries lawyers who can help you file a personal injury or workers’ comp claim.

When the first offer is made, your response should depend on whether it is reasonable but too low, or so low that it is clearly just a tactic to see if you know what you are doing. If the offer is reasonable, you can make a counteroffer that is a little lower than the amount you asked for in your demand letter. Contact Bobe & Snell Law Office LLC today at(470) 268-5802 we can help you file a personal injury or workers’ comp claim, and subsequently, negotiate a settlement for you.

Head and Brain Injuries Lawyers

Head and Brain Injuries Lawyers: Tips for Getting the Best Personal Injury Settlement.

Once you decide to file a personal injury claim, you want to do everything you can to maximize your potential compensation. A crucial part of making a full recovery is ensuring you get adequate compensation for your injuries. Having experienced and reputable head and brain injuries lawyers Atlanta increases your chances of getting the best personal injury settlement.

What you do after suffering a head/brain injury matters, and there are several things you can do to make the most of your compensation claim. Understanding what aspects of your personal injury case are in your control can help you get the maximum amount possible.

After a car accident, slip and fall injury, or other accident, you want to resolve your case as quickly and fairly as possible, but how do you know what is fair?

If you are making a compensation claim following a car accident, at some point you need to consider the amount you would be willing to accept to settle your claim (most accident cases end up settling well before trial). Devise your best strategy for negotiating your personal injury settlement after an accident.

Once the settlement negotiation process starts to heat up in your case, you will need to have an effective strategy in place to ensure you get the best settlement possible. These SEVEN essential tips will make a great start. Read on and follow them.

  1. Have a Specific Settlement Amount in Mind

In putting together your personal injury settlement demand letter, you figured out a range of what you believe your claim is worth. You decide on a minimum settlement figure you would accept within that range before you speak to an insurance adjuster about your demand. This figure is for your own information. It isn’t something you would reveal to the adjuster.

But it helps if you already have your bottom line in mind before the offers and counter-offers start going back and forth.

Remember that you don’t have to cling to the figure you originally set for yourself. You may have to lower your minimum figure somewhat if the adjuster points out facts you hadn’t considered but which clearly make your claim weaker.

And if the adjuster starts with a low settlement offer or a number at or near your minimum—or if you discover evidence that makes your claim stronger—you may want to revise upward. Our Atlanta head and brain injuries lawyers at Bobe & Snell Law Office LLC can help you determine the value of your claim and help you in settlement negotiations.

  1. Do Not Jump at a First Offer

It is common practice for insurance adjusters to begin settlement negotiations by first offering a very low amount. With this tactic, the adjuster is trying to find out whether you understand what your claim is worth, and your patience.

When the first offer is made, your response should depend on whether it is reasonable but too low, or so low that it is clearly just a tactic to see if you know what you are doing. If the offer is reasonable, you can make a counteroffer that is a little lower than the amount you asked for in your demand letter.

That shows the adjuster that you, too, are being reasonable and are willing to compromise. A little more bargaining should quickly get you to a final settlement amount you both think is fair. In these negotiations, do not bother to go over all the facts of the case again. Just emphasize the strongest points in your favor—for example, that the insured was completely at fault.

  1. Get the Adjuster to Justify a Low Offer

If the adjuster makes an offer so low in your first conversation that it’s obviously just a negotiating tactic to see if you know what your claim is really worth, do not immediately lower the amount you put in your demand letter.

Instead, ask the insurance adjuster to give you the specific reasons why they made a low offer. Make notes of the conversation. Then write a brief letter responding to each of the reasons the adjuster has provided.

One of our experienced and reputable Atlanta head and brain injuries lawyers can help you craft a proper reply letter to the adjuster’s unreasonably low settlement offer.

You can lower your demand slightly depending on the strength of the adjuster’s reasons, but wait to see whether the adjuster will budge before going any lower. The next time you speak with the adjuster, begin by asking for a response to your reply letter.

The adjuster should now make you a reasonable offer that can lead to a fair final settlement amount.

  1. Emphasize Emotional Points in Your Favor

During negotiations, mention any emotional points supporting your claim. For instance, if you have sent the adjuster a particularly strong photo of a severe-looking injury or a smashed car, refer to it.

If there was a bottle of beer found in the other driver’s car, refer again to the possibility of alcohol use. If similar accidents had occurred in a similar way at that location, remind the adjuster.

If your head/brain injury interfered with your ability to care for your child, mention that your child suffered as a result. While there’s no way to put a dollar value on these factors, they can be extremely powerful in getting an insurance company to settle a personal injury claim.

  1. Wait for a Response

Never reduce your demand twice without an intervening increased offer from the adjuster; it is simply not good bargaining. Don’t reduce your demand more than once until you have a new offer from the adjuster.

If the adjuster comes up with more reasons for a low offer, go over each one. Once you have dealt with all the adjuster’s arguments, you’ll either get a reasonable offer, or you’ll have found out that no reasonable offer is coming and therefore, try to put some more pressure on the insurance company.

  1. Know When To Engage an Attorney

If at some point you feel negotiations aren’t going as you had expected, you might consider talking to a personal injury attorney, especially if:

  • You’re demanding compensation for serious injuries and pain and suffering beyond a few thousand dollars.An insurance adjuster is unlikely to take an unrepresented claimant seriously when claimed damages add up to tens of thousands of dollars or more.
  • You’re seeking future damages.If you’re claiming costs of medical treatment you will need later or lost future income, you may want a lawyer to work that into your settlement effectively.
  • There is a question of fault.You may need an attorney to help you properly craft your argument if there’s some question as to who was at fault for the accident.
  1. Put the Settlement in Writing

Head and Brain Injuries Lawyers

When you and the adjuster finally agree on a settlement amount, immediately confirm the agreement in a letter to the adjuster. This letter should be short, precise and clear.

At Bobe & Snell Law Office LLC, we have a team of Atlanta head and brain injuries lawyers who can help you file a personal injury or workers’ comp claim, and subsequently, negotiate a settlement for you.

Call us today at (470) 268-5802 or fill out our online contact form to schedule a Free, No-Obligation Case Review/Consultation.

Head and Brain Injuries Lawyers

Head and Brain Injuries Lawyers

Back & Neck Injuries

For more information about the compensation benefits you could receive after experiencing a neck or back injury at work, contact us today for more information. We will be able to help you get back on your feet, and fight for your entitlement to wage benefits, financial assistance, and medical treatment as a result of your injury or accident.

Consequences of On the Job Head and Neck Injuries

On the job head and neck injuries can be extremely serious. If you’ve suffered this type of injury, you may have suffered a concussion, post-concussion syndrome, or a form of paralysis. On the job head and neck injuries are especially serious because they typically cause four types of issues: Physical, emotional, career, and financial. Let’s briefly examine each type of issue and how they affect victims.

Physical Issues

Physical issues are often the first thing we think about when it comes to on the job head and neck injuries. The physical pain that occurs in conjunction with an injury can be excruciating. Unfortunately, it doesn’t stop there. The long-term effects of neck and head injuries can be devastating. Chronic pain frequently results from head and neck injuries, along with a host of additional physical problems like nerve damage, fatigue, insomnia, dizziness, and increased sensitivity to light and noise.

Emotional Issues

On the job head and neck injuries often lead to a variety of emotional issues. Depression and anxiety are very common effects. Emotional issues typically stem from a combination of physical problems. For example, when you’re experiencing chronic pain, it’s very easy to feel angry or depressed. Emotional issues can also stem from issues like not being able to work. Being unable to work can take a major toll on a person’s self-esteem and the resultant financial worries can lead to acute anxiety.

Career Issues

On the job head and neck injuries subject the victim to a variety of career-related issues. The injury may have left the victim unable to work. The injury may cause the victim to fear to return to work. Perhaps the worst career issue that an injury victim faces is an employer who does not handle the situation in a legal and ethical manner. It’s sad that injury victims can’t always rely on their employers to do the right thing. When a victim is not being treated in an appropriate manner or simply wants to be certain of what his/her rights are, the victim needs to contact a competent attorney.

Financial Issues

A myriad of financial issues can arise from on the job head and neck injuries. Lost wages is the first thing that usually comes to mind, but victims also have to consider how their injuries affect their future wages. Even if victims are able to return to work and earn a living, their entire income trajectory may have been compromised by the injury. Medical bills are another major concern.

When an employee suffers an on the job head and neck injuries, it’s best to seek legal representation right away. If your employer handles the situation fairly, you’ll know it. And if you employer does not handle the situation fairly, you will need a qualified attorney to fight for what’s right.

On The Job Head And Neck Injuries

 

If you or someone you know has a traumatic brain injury, the successful outcome of a lawsuit may help compensate for expenses involving permanent disability, income loss and mental distress. Traumatic brain injuries that result in a fatality may be grounds for a wrongful death lawsuit.