The amount of money workers’ compensation provides an injured employee varies from state to state, but usually covers medical expenses, workforce rehabilitation costs and a percentage of lost wages. Disability pay may be temporary or permanent based on the extent of your injury and is usually ½ – ¾ of your pre-injury salary.

While workers’ compensation covers 100% of your medical expenses, you may not be able to choose where you receive medical care. Depending on the state that you live in, you may have to receive medical care from an employer approved physician.

Hearings for workers’ compensation take place in workers’ compensation courts, which differ from the civil court system. For this reason, if you are having trouble collecting workers’ compensation from your employer, it is important to hire an attorney who thoroughly understands the workers’ compensation system and has experience handling workers’ compensation cases.

While injured workers are typically unable to sue employers for damages under workers’ compensation, situations exist where an employer’s gross negligence demands further legal action. A qualified workers’ compensation attorney can inform you of your legal rights and provide you with the advice you need to make informed decisions about your case.

Filing a workers’ compensation claim involves many steps and can be complicated. There are also certain deadlines you must meet in order to be eligible for workers’ compensation benefits. Hiring an experienced attorney is the best way to ensure that you get the benefits you need after being injured on the job.

While tort law allows you to be compensated for any damages you sustained due to someone else’s negligence, it does not cover harms you endure from a breach of contract where someone voluntarily makes an agreement defining a relationship with you. In this way, torts are expectations for behavior that are mandatory for all citizens. These expectations vary in different jurisdictions; so, if you are seeking damages under tort law or are being charged with negligence resulting in harm to another, it is in your best interest to contact an experienced personal injury lawyer or defense attorney so you are aware of your rights.

There are many different types of torts including, trespass, assault, battery, negligence, products liability (see Understanding Products Liability), nuisance and intentional affliction of emotional distress. If a tort is intentional, that is, if someone knows that their behavior may cause harm to someone else and chooses to do it anyway, you may be entitled to punitive damages as well as compensatory damages.

Punitive damages are awarded to the plaintiff as a punishment to the defendant and usually exceed actual damages caused by the defendant. Compensatory damages, on the other hand, allow a plaintiff to recover their damages and usually do not exceed the actual cost of those damages. In this way, the intentionality of a harm may allow you to pursue a civil as well as a criminal action against someone. It is important to be aware that damages from an injury may not only include compensation for medical bills, lost wages and other damages, but may also include compensation for future earnings potential and pain and suffering. An experienced personal injury lawyer should know the best course of action to take for your claim and help you obtain the recovery you are entitled to.

Typically, there are three types of defenses that exist for torts that you will want to be aware of if you are pursuing a lawsuit under tort law or are being tried under tort law: volenti non fit injuria, contributory negligence, and ex turpi causa non oritur actio. Volenti non fit injuria is Latin for “to the willing, no injury is done.” That means if you voluntarily consent to the risk of damage, either explicitly or implicitly, you accept responsibility should you incur any damages. For example, if you are a spectator at a baseball game and are hit by a foul ball, that is a risk you knowingly took when you went to the baseball game.

Contributory negligence (see Understanding Comparative (Fault) Liability) is an absolute defense in some states which prevents a plaintiff from receiving any compensation for their damages if they were to any degree at fault for their own injuries. Similar to contributory negligence is comparative negligence. Comparative negligence is a partial defense whereby the plaintiff and defendant are each partially responsible for the accident; therefore, the defendant is only required to pay a percentage of the damages and the plaintiff is responsible for covering the remaining portion of their damages. This reduces the amount of money owed by the defendant.

The final defense for torts is ex turpi causa non oritur action. This means “no right of action arises from a despicable cause.” If the plaintiff received their injuries while behaving illegally, the defendant may not be responsible for their injuries.

Tort law varies from state to state and it is important to seek the counsel of an attorney with expertise handling your type of claim. An experienced personal injury lawyer or accident attorney may be able to help you recover your damages if you are involved in a case involving tort law.

Punitive damages go above and beyond plaintiff reimbursement and may be sought in addition to compensatory damages (see Types of Damages Awarded in Personal Injury Lawsuits). While compensatory damages are designed to reimburse individuals for harm endured as the result of someone else’s actions, punitive damages are designed to punish the person who caused the harm.

To be eligible for punitive damages, you must establish that the person who caused your injuries did so with malicious intent. Malicious intent is when someone knows—or should have known—their behavior may cause harm to someone else and they still choose to engage in the activity. In this way, malicious intent is different than negligence. If someone causes an accident where you sustain injuries, you may not be eligible for punitive damages unless you can prove that the person’s behavior was intentionally destructive. Your attorney should be able to help you determine if you should pursue punitive damages.

Awards granted for punitive damages are often quite excessive. But remember, punitive damages are not meant to compensate victims, but punish perpetrators. A jury determines the amount awarded for punitive damages; punitive damages are, therefore, very subjective and unpredictable. Juries must consider the specifics of a situation to determine an amount that will serve as a just punishment for the defendant.

Punitive damages are supposed to make it unprofitable for individuals or corporations to engage in similar behavior in the future. They also set a precedent to deter others from similar conduct. This is especially important for large corporations that have the potential to affect countless lives. When corporations make decisions in the interest of profit and not people, there needs to be severe consequences. Punitive damages attempt to provide those severe consequences.

Punitive damages are not only awarded in accidents, but may be included in any type of personal injury including products liability, medical malpractice and any other type of tort (see What is a Tort?). Your attorney should be able to tell you if you may seek punitive damages for your injury.

Torts are civil wrongs that result in injury or damages and are punishable by law to compensate victims for injuries and/or damages and deter others from committing similar wrongs. Tort law varies from state to state, so it is important to seek counsel from a personal injury lawyer in your state if you are pursuing a personal injury lawsuit.

To establish a personal injury lawsuit, you must establish liability and damages. Liability refers to the person at fault for your injury. Individuals or companies that are found to be legally at fault for your injuries may be responsible for compensating you for your damages. Liability is established on the basis of negligence, strict liability and intentional wrong. A party can be found negligent, and therefore responsible for your injuries, if they did not take appropriate measures to prevent your accident. Strict liability holds a manufacturer or supplier responsible for accidents caused by appropriate use of their product regardless of fault (see Understanding Products Liability) and an intentional wrong is when an individual knows their actions will cause harm, but proceeds with the action anyway. If your injuries are the result of an intentional wrong, you may be entitled to punitive damages as well as compensatory damages (see Types of Damages).

Damages include the physical, mental and emotional harm endured from an accident. When you are pursuing a personal injury lawsuit, the extent of your damages will need to be proven. Therefore, it is a good idea to keep meticulous notes of not only the accident that caused your injury and/or damages, but how those injuries have affected your life.

The first thing that you should do when you are the victim of a personal injury accident is write down all of the details about the accident that you can remember. Try to stick to the facts and avoid placing blame on anyone. You should also try to take photographs of the accident scene as soon as possible after the accident. The longer you wait to photograph the accident scene, the more likely the scene will be altered and you will not have physical evidence of what caused your injury. If there are any witnesses of your accident, you should write down their names and contact information so they can be reached later. You should also be sure to keep a pain and suffering journal. Here you should document how the injury is affecting your life. If your injury prevents you from any social, family, or work events, be sure to document this in your journal. Finally, be sure to take pictures of your injury shortly after the accident and during your recovery. Include a ruler in the picture if you are taking close range photos so someone else will be able to gauge the size of your injury. A personal injury lawyer will be able to advise you on what to specifically keep track of and how to keep good records that may strengthen your personal injury lawsuit.

Laws governing personal injury lawsuits are complex and the very nature of personal injury claims is complicated. To receive the compensation you are entitled to, it is in your best interest to hire a personal injury lawyer to handle your claim.

So much of life is dependent on our ability to live—that is, to enjoy the life that we have by doing things that bring us pleasure and fulfillment. When the ability to do the things that bring you satisfaction in life is taken from you, you may be able to seek recovery of hedonic damages.

Hedonic damages are non-economic damages that affect your ability to enjoy life. It is separate from pain and suffering and includes compensation for not being able to do the things you used to do before you sustained your injury. For example, if you were an active skier before you sustained your injuries and can no longer ski as a result of your injuries, you may be able to seek recovery for hedonic damages.

The philosophy behind hedonic damages is based on the premise that life is worth more than the amount of money a person can make. While this may be true, hedonic damages can be difficult to calculate and recover since there is no concrete way to place a monetary value on pleasure. Despite this, formulas have been developed to help determine fair compensation for hedonic damages. An experienced accident attorney should be aware of these formulas and the experts needed to calculate damages.

Most formulas are based on the Willingness to Pay (WTP) concept. WTP refers to the amount of money a person is willing to invest to reduce their risk of death. Purchasing such things as smoke detectors, carbon-monoxide detectors and dead-bolt locks are all things that demonstrate a desire to protect oneself from harm. Based on what a person was willing to invest in to prevent harm to him or herself, experts can compute the value a person places on his or her life. Once this value is established, a percentage of the loss of enjoyment of life must be determined. It is this percentage of the value of a person’s life that may be recovered in court in some states.

Most claims for hedonic damages will require a psychological evaluation. This evaluation is used to determine the percentage of loss of the enjoyment of life and substantiate a plaintiff’s claim of hedonic damages. The evaluation usually includes things such as:

• practical functioning,
• emotional/psychological functioning,
• social functioning, and
• occupational functioning.

Your ability to do daily tasks, live free from debilitating emotional problems, interact with others and pursue the career of your choice are all things that give us pleasure in life. Assessing these four aspects of your life help determine how much pleasure has been taken from you as a result of your injury.

No matter what hobby or enjoyment in life was taken from you as a result of your injury, you may be able to recover hedonic damages. An experienced accident attorney should be able to help you determine if you are eligible to file such a claim and procure the necessary experts to help determine the monetary value of the enjoyment that has been taken from you.

Defamation Definition: Defamation occurs when a person’s character, livelihood and/or reputation is injured as a result of false statements made by someone else. When defamation occurs through written or fixed mediums it is called libel. When defamation occurs through spoken or non-fixed mediums it is called slander. In today’s modern world, the effects of libel and slander can be devastating as the rate in which information spreads across the country and even the world continues to increase as technology becomes more advanced. If you have been defamed and it has affected your livelihood or impugned your reputation you may want to consult a personal injury lawyer with experience handling defamation claims to determine what course of action you should take to recover your damages.

To pursue legal action for a defamation of character claim, you must prove that the person who made false statements about you did so with an intent to harm, did so with knowledge that the claims were false or did so with careless disregard for the truth of the information they shared about you (see Understanding Personal Injury Lawsuits). Often times this involves careful examination of facts, laws and effects of the defamation on your reputation that are best handled by a personal injury lawyer. Damages may be awarded for emotional suffering and/or any financial losses that resulted from the libel or slander that defamed you. You may even be entitled to punitive damages in some cases. A personal injury lawyer should be able to help you determine what damages you are entitled to recover (see Types of Damages).

Sometimes, defamation is so harmful and the personal injury sustained is clearly devastating to a person’s reputation that it is considered defamation per se. Defamation per se statements are so ruinous that the plaintiff does not have to prove that the statements harmed them; the harm is presumed. Classic examples of defamation per se are when a person is alleged to have committed a criminal offense, engaged in sexual misconduct or been infected with a sexually transmitted disease. While these harms are presumed, the defendant may challenge them. Therefore, it is important to seek legal advice if you are planning on pursuing a personal injury claim of defamation.

It is important to be aware that laws regardings defamation of character are different in every state. Therefore, it is important to seek the counsel of a personal injury lawyer from your state, who is familiar with your state’s laws and has experience with defamation claims in your state.

Defamation claims can be difficult to win. Given the complex nature of defamation claims, many personal injuries lawyers will not work on a contingency fee (see Understanding Attorney Fees). Often times, the amount of money won in defamation claims is insignificant to cover the costs of litigation. Therefore, it is important that you consider the extent of the actual damages caused by the defamation and the likelihood of recovering those damages before pursuing a personal injury claim of defamation.

Generally, damages are classified as compensatory or punitive. Compensatory damages are awarded to the plaintiff to reimburse him or her for the financial burden they incurred due to the defendant’s negligence or intentional harm. This means, if you are involved in an accident through no fault of your own you may be entitled to seek recovery for all of the financial loss and/or emotional duress you endured as a result of the accident. The damages you are entitled to recover may be limited if you are partially responsible for your injuries (see Understanding Comparative (Fault) Negligence Liability).

The compensatory damages you may experience from a tort (see What is a Tort?) are usually categorized as general damages and special damages. General damages allow you to seek recovery for the non-monetary aspects of your injury or damages. This includes things such as pain and suffering, impaired ability to live as you did before your accident, loss of a loved one and loss of reputation (see Personal Injury: Defamation). It is often difficult to quantify, or calculate, the monetary value of such losses. A personal injury lawyer should be able to help you determine the respective value of all your general damages based on state and federal laws in place to regulate and measure such things.

General damages may also include calculations of your loss of ability to enjoy life as well; these are called hedonic damages. Hedonic damages are calculated based on the value of human life and are highly contested in some states, as the value of human life is highly subjective and difficult to accurately and fairly calculate. Not all states will allow you to sue for hedonic damages. Therefore, it is important that you consult a personal injury lawyer from your state to see what types of damages you may pursue compensation for in court.

Special damages, on the other hand, allow you to seek recovery for the monetary expenses you accrued due to your injury or harm. Things like medical bills, lost wages and cost of repairing damaged property could be compensated to you under special damages. You should consult a personal injury lawyer in your state to help you determine what types of damages you are eligible to recover.

Support refers to your spouse’s ability to help you with household and family duties. For example, if your spouse is injured in a car accident, and as a result of that car accident he can no longer help you with disciplining and raising your children, you have lost a significant amount of support in raising your family. Support can also refer to your spouse’s ability to provide income. If your spouse can no longer help support the family financially, you take on a tremendous burden to provide for your family on your own.

Affection refers to the special relationship you have with your spouse. If your spouse is no longer able to show you affection and your relationship suffers from your spouse’s injuries, filing for loss of consortium may provide you with some compensation for the ways the injury has affected the sentiment between you and your spouse.

Companionship refers to your ability to share your life with your spouse. If your spouse is in a coma as the result of an accident, your spouse no longer provides you with the same type of companionship you once shared. This may be grounds to file for loss of consortium. An experienced accident attorney should be able to help you determine if you have a strong enough case for a loss of consortium claim.

The distinctions between support, affection and companionship are not hard and fast, but serve to define the non-economical benefits of being united in marriage. There is a lot of debate about how to place monetary value on non-economic losses, but there are formulas that help calculate such losses. An attorney in your state should be aware of these formulas and the experts needed to substantiate claims for loss of consortium.

It is important to be aware that if you file a claim for loss of consortium, your sex life and relationship with your spouse will be scrutinized in court proceedings. Sometimes, a claim for loss of consortium can even weaken your injury claim. Therefore, it is important to consider if the benefits of pursuing such a claim outweigh the potential costs.

In some states, loss of consortium is included in general damages and cannot be filed for separately. In other states, you must specifically file for loss of consortium. An attorney in your state should know what damages you are able to file for.

A structured settlement is a way to receive your settlement in periodic lump sums or installments over time. Money received in a structured settlement may have certain tax advantages and offer long-term financial security to those who do not have experience managing large amounts of money.

Structured settlements are typically set up through annuities that can be structured to pay you in accordance with your anticipated needs. Annuities typically end when a person dies, so it is a good idea to set up an annuity that is stipulated to pay a minimum number of payments or pay into your estate upon your death. Also, the terms of an annuity are difficult to change once they are in place, so make sure that you understand—and are in agreement with—the terms and conditions of your structured settlement.

Some people who initially agree to a structured settlement later change their mind. While you may sell your structured settlement for cash in some states, it is generally not a wise decision. There are unscrupulous companies that may take your money and run or declare bankruptcy before you receive your money—leaving you with nothing. Additionally, people who sell their annuity typically lose half the value of their structured settlement. It is best to know what you are getting into before agreeing to a structured settlement.

Although structured settlements are a common method for dispersing money obtained in a personal injury lawsuit, it is not the best option for everyone. You must have an understanding of who you are and honestly evaluate how good you are at managing your money. Sadly, people who are not good money managers have been known to blow through lump sum settlements and are left with nothing to help them with the financial burden of their injury over time.

Be sure to carefully assess your situation and discuss the pros and cons of a structured settlement with an experienced attorney before you decide the best method for receiving your settlement.

Contact the Business Directly

A consumer complaint is a formal complaint you may file against a business. To start the consumer complaint process, first contact the business that did you wrong. Try to work things out with them before complaining to a source outside of the company. Many times, businesses are prepared to right their wrongs if you address them directly. Be sure to keep track of all communication you have with the business, especially if they are unwilling to resolve the matter.

Contact the Better Business Bureau (BBB)

If you contact a business about harm they cause you and they refuse to compensate you for your loss, your next step is to contact the Better Business Bureau (BBB). The BBB is a private organization that works with consumers and businesses to reach mutually satisfying outcomes to disputes. When you file a complaint with the BBB, a local branch will look into your claim and try to help you resolve the problem you have with the business you cited. The BBB is not a governmental agency and cannot make businesses right their wrongs; however, they do offer services to help hold businesses accountable for their actions. You can file a complaint with the BBB at http://www.bbbonline.org/consumer/complaint.asp.

Contact the Federal Trade Commission (FTC)

If your matter is still unresolved after using the BBB’s services, you can file a complaint with the Federal Trade Commission (FTC). The FTC is the consumer protection agency of the United States. While the FTC does not try to resolve individual complaints like the BBB, the FTC uses the information provided by consumers to track unscrupulous businesses—keeping a database of complaints that often lead to criminal investigations and prosecutions. You can file a complaint with the FTC at http://www.ftc.gov/ftc/cmplanding.shtm.

While not everyone receives the satisfaction of having their dispute resolved, taking these steps can make you feel better about doing everything in your power to hold a business accountable for their actions. You can also help protect other consumers from dealing with unethical businesses by filing a formal complaint.