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Ep 35: What You Need to Know About Workers' Compensation Clam for Catastrophic Injuries

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Inhalt bereitgestellt von Clarke Speaks. Alle Podcast-Inhalte, einschließlich Episoden, Grafiken und Podcast-Beschreibungen, werden direkt von Clarke Speaks oder seinem Podcast-Plattformpartner hochgeladen und bereitgestellt. Wenn Sie glauben, dass jemand Ihr urheberrechtlich geschütztes Werk ohne Ihre Erlaubnis nutzt, können Sie dem hier beschriebenen Verfahren folgen https://de.player.fm/legal.

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Workers' compensation claims for people dealing with catastrophic injuries will often have additional layers that other claims won’t have. It’s important to understand the process and know what rights you have and don’t have. What options do you have beyond worker’s comp and does it matter if third parties are involved?

Today we’re talking with Chris Miranda, a Senior Workers' Compensation Paralegal at Speaks Law Firm. He has years of experience dealing with workers' compensation claims and understands the ins and outs of the process. We’ll spend today discussing the claims when the injuries are much more serious and other people/parties might be at fault. Chris will also share some common mistakes that he sees people make during the claims process.

Here’s some of what we discuss in this episode:

0:00 – How catastrophic injuries are handled

2:01 – Stage 1 of how it’s handled

4:16 – Recovery beyond worker’s comp

7:06 – What happens when a third party is involved

11:34 – Fault not considered in worker’s comp claims

12:58 – Common mistakes made during claims

14:22 – What happens if you quit your job?
Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/

Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget

Find us on YouTube: https://bit.ly/3R40YMP

  continue reading

77 Episoden

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iconTeilen
 
Manage episode 399708869 series 3506535
Inhalt bereitgestellt von Clarke Speaks. Alle Podcast-Inhalte, einschließlich Episoden, Grafiken und Podcast-Beschreibungen, werden direkt von Clarke Speaks oder seinem Podcast-Plattformpartner hochgeladen und bereitgestellt. Wenn Sie glauben, dass jemand Ihr urheberrechtlich geschütztes Werk ohne Ihre Erlaubnis nutzt, können Sie dem hier beschriebenen Verfahren folgen https://de.player.fm/legal.

Send us a text

Workers' compensation claims for people dealing with catastrophic injuries will often have additional layers that other claims won’t have. It’s important to understand the process and know what rights you have and don’t have. What options do you have beyond worker’s comp and does it matter if third parties are involved?

Today we’re talking with Chris Miranda, a Senior Workers' Compensation Paralegal at Speaks Law Firm. He has years of experience dealing with workers' compensation claims and understands the ins and outs of the process. We’ll spend today discussing the claims when the injuries are much more serious and other people/parties might be at fault. Chris will also share some common mistakes that he sees people make during the claims process.

Here’s some of what we discuss in this episode:

0:00 – How catastrophic injuries are handled

2:01 – Stage 1 of how it’s handled

4:16 – Recovery beyond worker’s comp

7:06 – What happens when a third party is involved

11:34 – Fault not considered in worker’s comp claims

12:58 – Common mistakes made during claims

14:22 – What happens if you quit your job?
Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/

Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget

Find us on YouTube: https://bit.ly/3R40YMP

  continue reading

77 Episoden

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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text Welcome to the first episode of The Verdict with Clarke Speaks. We’re kicking of a series on the five failures from success that Clarke has experienced over the course of his life. Hosted by Carson Grace Toomer, we’ll take you through a series of life events that initially seemed like setbacks but later revealed themselves to be pivotal moments of growth and success. In this video, Clarke shares his personal journey, opening up about these key moments that look completely different in retrospect. Through the lens of a powerful Chinese farmer parable, he discusses the importance of perspective, resilience, and the unexpected blessings that arise from adversity. Tune in to hear how Clarke's early life challenges shaped his independence, confidence, and the invaluable relationships he cultivated along the way. Here’s what we discuss in this episode: 0:00 – Intro 0:27 – The story of the Chinese farmer 3:03 – How Clarke’s childhood shaped his outlook on life 14:03 – What Clarke learned from his childhood experiences 19:52 – The connection Clarke had with his football coach 22:24 – How did Clarke’s outlook on life shift? 25:51 – Finding motivation to succeed Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
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Send us a text This is part two of our discussion with Audra Dunlap, Pre-Litigation Managing Attorney at Speaks Law Firm, to give you a closer look into the process our team works through before litigation. This is a crucial period following a catastrophic injury and this discussion will give you a better understanding of what goes into pre-litigation. As we move through the different stages of the process, this video will focus on intake and investigation. It’s a critical time for any catastrophic injury case and Audra will provide more detail on what happens during this time. Discover insights into the urgency of intake and investigation, the strategies employed by insurance companies, and the significance of preserving evidence through spoliation letters. Over the course of this multipart conversation, we will provide a comprehensive look into the legal processes that ensure clients receive the compensation they deserve. Here’s what we discuss in this episode: 0:00 – Intro 1:21 – Future medical care costs 3:23 – Intake & Investigation 6:58 – How quickly insurance companies get to work 9:53 – Spoilation letters 10:55 – Our investigative process Meet Audra: https://www.speakslaw.com/our-team/audra-m-dunlap/ Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text Today we’re joined by Audra Dunlap, Pre-Litigation Managing Attorney at Speaks Law Firm, to get a closer look into the process our team works through before litigation. This is a crucial period following a catastrophic injury and this discussion will give you a better understanding of what goes into pre-litigation. Join us to learn about the different stages, the factors that determine a case's value, and the timeline for resolving typical and catastrophic cases. Audra will explain the roles of economists and life care planners in assessing damages and how future medical expenses and lost wages are calculated. Over the course of this multipart conversation, we will provide a comprehensive look into the legal processes that ensure clients receive the compensation they deserve. Here’s what we discuss in this episode: 0:00 – Intro 0:20 – What is litigation? 0:58 – What happens in pre-litigation? 2:01 – Differences in claim value 3:38 – Timelines for normal cases 7:14 – Resolving claim after treatment 8:55 – Catastrophic claims 12:04 – Experts used in catastrophic cases About our guest: https://www.speakslaw.com/our-team/audra-m-dunlap/ Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
Send us a text Calculating financial losses in catastrophic injury cases can be difficult, especially when somebody doesn’t hasn’t kept detailed records. In the complex world of personal injury law, understanding the full scope of losses experienced by those who are catastrophically injured is crucial. Failing to be truthful can create problems during a personal injury case, especially when you’re working with a forensic economist like Dr. Craig Galbraith. He’s back with us again for another chapter of our conversation and determining true value in these cases. Today we’ll explore the various financial losses experienced by those who are catastrophically injured, including past and future income loss, household services, and medical care with the discussion extends to non-economic losses such as pain, suffering, and the hedonic loss of life's enjoyment. Dr. Galbraith shares his expertise on the role of forensic economists and the challenges faced in quantifying these losses. Here’s some of what we discuss in this episode: 0:00 – Intro 0:20 – Other financial losses for people who are catastrophically injured. 3:45 – What is done with the analysis offered by Dr. Galbraith? 6:57 – Understanding the role of insurance companies. 8:24 – Mistakes that negatively impact the ability to quantify financial losses. 11:14 – The importance of being truthful. Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
Send us a text One of the more difficult areas of a catastrophic injury case to measure and calculate are the everyday responsibilities and duties you have at home. How do you factor in those household services that can’t be easily acocomplished on a given day. Forensic economist Dr. Craig Galbraith continues his discussion with us about how to find the value you deserve in these difficult situations. This part of the discussion focuses on into the intricate details of personal injury cases, focusing on the distinction between household services and life care plans. Our discussion covers the economic implications of life care plans, the challenges of quantifying household services, and the complexities faced by forensic economists in valuing future care needs. Join us as we explore how these elements impact both the injured and their families, and the importance of accurate economic assessments in legal contexts. Here’s some of what we discuss in this episode: 0:00 – Life care plan analysis 2:41 – Taking care of household duties 6:54 – Supporting children 10:01 – Limitations 13:00 – Assessing inflation Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
Send us a text How does a legal team go about calculating the full amount of losses and damages for someone who suffers a catastrophic injury? There’s so much more to it than lost wages and trying to get a grasp on the full picture can be incredibly difficult. That’s where a forensic economist like Dr. Craig Galbraith comes in and he’s with us again to continue this conversation about economic losses. This part of the discussion focuses on the intricacies of mitigation, the challenges of quantifying lost future income, and the importance of considering household services. Learn how forensic economists use tools like the workability index and vocational rehab assessments to estimate financial impacts and explore the often-overlooked economic value of household production services. This episode is a must-listen for anyone interested in the intersection of law and economics. It provides a fascinating look at the tools and methods used by forensic economists to quantify the financial impact of personal injuries. Here’s some of what we discuss in this episode: 0:00 – The idea of mitigation 1:21 – Survey called workability index 4:08 – Calculating lost wages 8:07 – Factoring in promotions and raises 11:15 – Household services 13:22 – Health deterioration About our guest: https://csbapp.uncw.edu/data/fs/vita.aspx?id=17127 https://galbraithforensic.com/ Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
Send us a text Have you ever wondered how economic losses are calculated in personal injury cases? Today’s guest is well-versed in the subject and joins us to unravel the complexities of forensic economics. We’re excited to welcome Dr. Craig Galbraith, a distinguished professor at the Cameron School of Business at UNC Wilmington, to share his unique perspective on this process. Dr. Galbraith's journey is as fascinating as his expertise. From serving in the Army during the Vietnam era to earning multiple degrees, including a PhD from Purdue University, and even founding a biotech company, his diverse background makes him an expert in this subject. The first installment of this conversation centers around the valuation of economic losses in personal injury cases, emphasizing the importance of understanding the time value of money. Tune in to learn how future income is calculated and the role of forensic economics in legal claims. Here’s some of what we discuss in this episode: 0:00 – Intro & background 2:46 – Teaching at UNCW 4:53 – Valuation and appraisal 7:16 – Factoring in inflation 10:17 – Quantifying economic loss associated with injuries About our guest: https://galbraithforensic.com/ Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
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Send us a text Today we wrap up our conversation on demand letters with Jeff Watson, Senior Managing Attorney, and Cooper Watson, Demand Writer at Speaks Law Firm. In this episode, we’ll focus on the importance of picking the right law firm and why it matters even more in catastrophic injury cases. Our discussion will dive into why experience matters, how we handle adversity in a case, and the stark differences between managing routine injury cases and life-altering catastrophic injuries. Tune in to gain a deeper understanding of how to effectively represent clients and convey their stories with the depth and respect they deserve. Here’s some of what we discuss in this episode: 0:00 – Experience & credibility 5:53 – What separates firms for this type of case? 9:19 – Overcoming adversity for the client Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text Today we have part three of our conversation with Jeff Watson, Senior Managing Attorney, and Cooper Watson, Demand Writer at Speaks Law Firm detailing the process for writing demand letters for catastrophic cases. In this episode, we discuss the difference in demands for catastrophic cases and why it’s so important to put ourselves in the client’s position when writing these. Learn how we work to convey the profound impact of life-altering injuries and why detailed narratives are crucial for these cases. Demand letters are a critical part of the process so join us as we continue our deep dive into these important documents. Here’s some of what we discuss in this episode: 0:00 – Cooper’s background 2:58 – Telling the client’s full story 5:36 – Catastrophic injury demands 8:38 – Industrial accidents Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
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Send us a text Today we’re joined again by Jeff Watson, Senior Managing Attorney, and Cooper Watson, Demand Writer at Speaks Law Firm for part 2 of our conversation explaining the intricacies of demand letters in personal injury cases. In this episode, we break down the typical timeline of a catastrophic injury case, what components make up a demand letter, and the importance of documenting sources. When faced with a catastrophic injury, the path to recovery is an emotional, physical, and legal process. Understanding the intricacies of these cases is crucial to ensuring that victims receive the compensation that they deserve. Demand letters are a crucial part of that process, so join us as we continue our deep dive into these important documents! Here’s some of what we discuss in this episode: 0:00 – How long does a typical case take? 2:44 – At what point does the demand letter come into the process? 3:52 – Components of a demand letter 6:15 – The importance of documenting sources. Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text Today we’re joined by Jeff Watson, Senior Managing Attorney, and Cooper Watson, Demand Writer at Speaks Law Firm to explain the intricacies of demand letters in personal injury cases. Learn what a demand is, why it's essential, and how a meticulously crafted demand can transform a case's value. As we’ll talk about in this show, the demand is a letter and corresponding documentation that will show an insurance company the relevant facts along with the amount owed in the case. Discover the importance of comprehensive documentation, expert opinions, and the role of client communication in building a compelling case. This is a critical piece of the legal process when we’re working on catastrophic injury cases and this conversation will help highlight why we are meticulous with the details. Here’s some of what we discuss in this episode: 0:00 – Intro 0:32 – What is a demand? 3:05 – Why a custom demand is important 6:08 – How this increases value 9:30 – When is the demand issued? Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text The journey through the legal landscape after a catastrophic injury can be daunting. With so much on your plate physically and emotionally, the idea of trying to fight a legal battle can seem overwhelming. The good news is that it doesn’t have to be. Having a legal team on your side to prepare you and make you comfortable can ease a lot of that anxiety. Today we finish up our conversation with renowned North Carolina mediator Sherman Criner to learn more about the process from someone who has been through this hundreds and hundreds of times. This video will get into the mediation process, its confidentiality, changes since COVID, and how to prepare both emotionally and mentally. Mediation is a critical step in resolving legal disputes, particularly for those recovering from a catastrophic injury. By understanding the process, you’ll be able to navigate it more effectively. Here’s some of what we discuss in this episode: 0:00 – Confidentiality 2:54 – Changes since COVID 5:30 – When you feel overwhelmed9 9:45 – Preparing for mediation 15:18 – Positional dynamics Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text When it comes to mediation in the context of catastrophic injuries, the stakes are incredibly high. Mediation can be a make-or-break moment for your claim, and it's essential to approach it with the right strategies. In this episode, we’ll share invaluable insights into the common mistakes people make during mediation and how to avoid them. We’re once again joined by renowned North Carolina mediator Sherman Criner to discuss the intricacies of mediation, particularly in the context of catastrophic injury cases. The goal of this show is to help people recover physically, financially, and emotionally from catastrophic injuries, and this mediation process and the legal side is a subset of the financial aspect of these cases. Join us to gain insights into this process and how it can help those recovering from life-altering injuries. Here’s some of what we discuss in this episode: 0:00 – The mistakes people make 2:58 – Be honest 6:28 – Putting yourself in a position of strength 9:58 – Arbitration compared to mediation Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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The Verdict with the Catastrophic Injury Lawyer Clarke Speaks
The Verdict with the Catastrophic Injury Lawyer Clarke Speaks podcast artwork
 
Send us a text In this episode of the Catastrophic Comeback Podcast, we continue our conversation with renowned North Carolina mediator Sherman Criner on mediation process works and what to expect throughout. This episode will pull back the curtain a little more and provide the attorney’s perspective. We dive into the mediation process, highlighting the critical role of preparation and the dynamics of negotiation. Learn more about the importance of technology in storytelling and the intricacies of determining the value of a claim. Plus, Criner breaks down some common themes he sees in mediation and shares a little bit on his approach as a mediator. The goal of this show is to help people recover physically, financially and emotionally from catastrophic injuries, and this mediation process is a big part of the financial, and sometimes emotional side of that recovery. Join us as we break down what to expect. Here’s some of what we discuss in this episode: 0:00 – How things have changed 3:05 – Determining the value of a claim 6:30 – Why mediation works 11:28 – Who’s involved in mediation? Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
Send us a text Experiencing a catastrophic injury is life-altering, not just physically and emotionally, but legally as well. In this episode, we’ll continue our conversation with renowned North Carolina mediator Sherman Criner to discuss the complexities of the legal process. From the initial wreck and medical treatment to the detailed steps of mediation and court trials, Criner explains the importance of early legal involvement, the unpredictability of jury decisions, and the critical role of mediation in maintaining control over case outcomes. The goal of this show is to help people recover physically, financially and emotionally from catastrophic injuries, and this mediation process and the legal side is a subset of the financial aspect of these cases. Join us to gain insights into this process and how it can help those recovering from life-altering injuries. Here’s some of what we discuss in this episode: 0:00 – If mediation is unsuccessful 2:40 – Going to court 5:04 – Risks 7:38 – Providing value for clients 10:09 - Fraud Learn more about how Speaks Law Firm can help you: https://www.speakslaw.com/ Schedule your FREE case review: https://www.speakslaw.com/our-team/r-clarke-speaks/#contactFormTarget Find us on YouTube: https://bit.ly/3R40YMP…
 
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