Chronic Pain Litigation
Is chronic pain litigation in your future? If your injury was due to a work related injury or accident, you may be considering litigation of your case. Here is just a word of caution. This could last for years and cause increased stress on you and your family. Thinking you will be rich at the end isn’t so true. Remember the lawyers will take their fees before you will receive any money. Just give this some thought….. Are you ready to face all this? Do you know what will actually happen? How will this affect your family? Where will income come from while your waiting for the settlement? There are many different scenarios that can happen in chronic pain litigation, and most of them cause extensive hardships on you and your family as a whole.
Here is an example: A worker receiving workers compensation benefits, will see their checks stop once their litigation is started. It isn’t unusual for an employer to stop all the benefits until the litigation is finished. During this time the family has to do without this income. The cost of litigation may be quite expensive. Unless the attorney isn’t hired on a contingency basis. This means they agree to be paid a percentage at the end of your case. Be aware, some attorneys who are supposed to have your interest at heart, may be biased when it comes to litigation of injury related claims. Since, attorneys usually make more money the bigger the settlement, they often advise clients to stay unemployed. The longer you are out of work the larger the claim can be. This is especially true when the client is suffering with chronic pain. This isn’t very sound advise from either a medical or a financial perspective. This all holds true for someone that is able to return to work. Even a part-time position would be of more benefit than waiting all the years to finish the legal case. The most degrading thing that happens most often during the litigation of a case, is the entire family is under surveillance. It isn’t usual for companies to hire a private detective to help with to determine whether the claimant is actually injured and to what extent. It isn’t even unusual for family members to be subpoenaed to testify about their loved one. A friend of ours, we’ll call him Ben, found video cameras all around his home. This was to survey what he did outside. Even his neighbors were approached to have cameras placed on their property for added surveillance. You see, Ben is confined to a wheelchair. He was even being observed in the parking lot at his doctors office. After a while, he discovered he was being followed constantly. His wife was even subpoenaed, by the insurance company, to testify. She was questioned extensively about their sex life. This was because he’d said that chronic pain affected every part of his life. The questioning entailed: how often they had sex, what positions were used, where they had sex and if the pain patient achieved orgasm, and so on, and so on. This testimony was extremely humiliating for both of them. Now, it is a matter of public record for anyone to read.
There is another side of the chronic pain litigation problem. Evidence supports the fact that the more injured people are paid for being out of work, the higher the number of claims and the longer the duration of the claims. There is another circumstance that is referred to as secondary-gain, this meaning that the injured person may not to return to work because there is a chance that compensation will be heightened. Of course, there are some that will exaggerate their symptoms so they can remain out of work, while at the same time still receive compensation. But, the insurance will eventually investigate these people and their case will be lost if it appears to be fraudulent. Chronic pain litigation's are the hardest ones to prove without the proper paperwork.
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Information you need to know about filing a disability appeal.
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