How to get the most from a car accident claim

How to get the most from a car accident claim

Many drivers and passengers do not have the good fortune of escaping traffic crashes with only minor scrapes and bruises. They are unexpectedly faced with life-altering health problems and enormous financial pressures they had not expected, and which, in many instances, they had nothing to do with.

Many drivers and passengers do not have the good fortune of escaping traffic crashes with only minor scrapes and bruises. They are unexpectedly faced with life-altering health problems and enormous financial pressures they had not expected, and which, in many instances, they had nothing to do with. You can hire a car accident lawyer who can assist you to get the right claim after an accident.

Coverage for No-Fault Accidents

Anyone who registers a car in Florida is required to have no-fault coverage. This insurance, as the name implies, includes personal injury insurance coverage for those involved in a car accident, regardless of who is at fault. Personal Injury Protection (PIP) coverage is the no-fault insurance coverage that Florida law allows drivers to have. Drivers are required by law to bring a minimum of $10,000 in personal injury protection (PIP) medical and disability insurance. You can ask your lawyer for the laws in Oklahoma.

Innocent unless proved guilty

When a person is involved in a car accident, PIP compensation is normally the first (or primary) source of income. It includes the driver, his or her living family, anybody driving the driver’s vehicle, passengers in the car (who do not have their own PIP coverage), and any people hit by the car. After being involved in a car accident, all of those individuals must use their PIP coverage first, before turning to any other insurance or other form of payment, to pay for medical treatment and injuries caused by the accident.

Long-Term Disability Insurance and Health Insurance

However, in this day and age with skyrocketing healthcare prices, $10,000 in PIP coverage doesn’t go very far. Hospital costs and missed time at work will easily exceed $10,000 for something other than a minor car accident injury. When PIP benefits expire, car accident victims will be able to use other insurance plans, such as life insurance or long-term disability insurance, to offset the expenses that PIP did not cover. Of course, not everyone has this coverage, and they don’t necessarily cover any of the expenses associated with a car accident.

Legally Liable Individuals and Entities (and Their Liability Insurance Coverage)

Anyone at fault for a car accident that causes serious injury and expenses that surpass the victim’s PIP coverage cap may claim damages from anyone at fault for the accident. The types of injuries that offer an accident victim the right to sue an at-fault party are described by Oklahoma law as follows:

A serious and irreversible loss of a vital bodily feature.

Permanent damage, rather than scarring or disfigurement, beyond a fair degree of medical possibility.

Serious scarring or disfigurement that is permanent.

Death by Mistake.

Getting the most money from an at-fault party as compensation for one of the types of injuries mentioned above normally necessitates the assistance of a knowledgeable and professional car accident injury lawyer.

How Victims of Auto Accidents Keep Others Financially Accountable

It’s one thing to know that under Florida law, a car accident survivor will seek compensation from the party who caused the accident for a serious injury. It’s one thing to take the steps required to gain the most money possible. In nearly all cases, hiring an experienced car accident lawyer is the easiest and smartest way to seek full compensation for a car accident injury. If you are staying in OKC, reach at Foshee and Yaffee for the legal aid.

**Disclaimer: The information on this page is not intended to be a doctor’s advice, nor does it create any form of patient-doctor relationship.

Car accident injuries are quite costly and that cost increases as the severity of the resulting injuries increases. After factoring in medical bills, lost time at work, and the change in lifestyle that can last months or be permanent, it’s obvious why victims want to know how to get the most money they can from an injury claim.

Without adequate representation, victims get saddled with medical bills, after hospitalization that could last for days or even weeks. Every x-ray, pill, surgical procedure, aftercare, and doctor visit will cost you and those costs increase fast.

Victims are often eligible to receive compensation when another party has caused a car accident that results in an injury. Court-awarded damages and settlements can vary depending on the situation.

And your personal injury attorney can help you make that happen.

Can You Increase The Claim Amount For Car Accident Injury?

Of course! There are insurance guidelines and laws that can be called upon to ensure you receive the highest possible settlement you deserve after a car accident.

As mentioned, each situation is different so it’s important to contact a lawyer. However, you should also know that the value of these claims can change dramatically in a matter of minutes, days, or weeks after the crash.

Here are some important reminders that victims should keep in mind in order to maximize the claims for any vehicle accident.

What Factors Increase Or Decrease Your Settlement Amount?

The Severity of The Injury

As the severity of your injury increases, so do the medical bills, the lost time at work, and the emotional distress. Severe injury cases are commonly married to higher settlement amounts for those reasons.

Breach of Duty of Care

The negligence involved in the actions of the victim or the at-fault driver will influence the final settlement amount positively or negatively.

For instance, if it’s found that the victim also breached some duty of care, their settlement amount will decrease. If it’s found that the at-fault driver negligently and grossly breached the duty of care, it may increase the total settlement amount for the victim.

Accidents Related to Employment

The at-fault diver’s employer has some legal liability in regards to any action that employee takes within the scope of his or her employment.

That means that the at-fault driver’s employer may be held liable for their employee’s action and thus can also be required to settle with the victim.

How To Increase The Chances of a High Settlement

Remain at the Accident Scene

Drivers are required to stop at the scene of any vehicle accident. After the accident, call the authorities, call for medical assistance if it’s necessary, and then call an auto accident attorney.

Hiring a personal injury lawyer sooner rather than later will increase your chances of a successful case.

Gather Information

You can begin gathering information yourself at the accident scene as long as you are not in the way of the first responders.

Collect the contact details of the passengers or drivers involved in the accident and take note of insurance info as well. Be sure to take as many pictures as you can, not only of the cars, but of your own injuries and of the surrounding areas.

Get Information from the Witnesses

Eyewitnesses can provide valuable information, perspective, and context to an accident report. Ask those around you if they saw the accident and the moments leading up to it. Collect their contact information; both phone numbers and emails.

Written statements over email can be very helpful. Ask them to stay and speak to the police to ensure their statement is included in the police report.

Take note of the surrounding area and look for security cameras that may have also picked caught the accident on film. Be sure to take all of this information to your West Palm Beach car accident lawyer or Nashville car accident lawyer.

Keep Your Bills

You may be compensated for the cost related to the crash and injuries. Keep your bills and insurance documents for your medical care during and after the accident. Be meticulous. You have to prove your hardship.

Overall, patience is important. Some cases can take years to settle. It’s important for your own mental health and your physical recovery, that you keep a positive outlook while maintaining a high level of patience.

If you have a totaled car it’s essential to make an insurance claim to ensure that you’re getting all the coverage you deserve and don’t have to make enormous out-of-pocket payments.

How to get the most from a car accident claim

How to get the most from a car accident claim

If you have a totaled car it’s essential to make an insurance claim to ensure that you’re getting all the coverage you deserve and don’t have to make enormous out-of-pocket payments. People typically think of a totaled car as one that can’t be driven, but insurance companies use a different definition. They define a totaled car or a total loss as one in which repair costs have exceeded a certain percentage of the vehicle’s value according to Insure.com. Learn how to fight an insurance company with a totaled car and get the most from an insurance company when they declare your car a total loss.

When an Insurer Decides Your Car Is Totaled

Insure.com also explains that ultimately, whether your car is considered totaled after an accident is up to your insurance company. They typically determine that a vehicle is a total loss when the repair costs for damages are at least 51 percent of the car’s total value before the accident, though some insurers will extend that limit to 80 percent. The percentage is largely decided by state insurance regulators, so it can vary based on your location.

Imagine that you got into an accident. Say the vehicle is 12 years old and has already been hit hard with depreciation so it’s not all that valuable to begin with. When a car’s value is already low, even some fixable minor damage can get it qualified as a total loss by your insurer. Or, imagine that you drive a brand-new luxury SUV and you get in an accident that incurs major damage that makes the vehicle undrivable. Should the damage not exceed a certain percentage of the car’s large value, it won’t be classified as a total loss.

How Is the Value Determined?

Your car’s value is key to determining whether its damages warrant a total-loss classification, but how is that value determined? It turns out that most insurers just consult their database of values. These values are made with their profits in mind. When they declare your car a total loss, they’ll pay you the value of your car minus your deductible. Then they’ll scrap the car and sell it for parts, pocketing whatever money they make that way.

Keeping Your Totaled Car

Insurance.com continues to say that if your car is declared a total loss, it is possible to keep it in some cases. While it largely depends on your state’s regulations, most insurers have to abide by the ‘made whole’ doctrine. This doctrine dictates that you be restored to the same financial position you were in before the accident. After all, that is the entire point of insurance. If you want to keep a totaled car, however, you typically have to pay the insurer the money they would’ve gotten from salvaging it.

The best way to keep your totaled car is to get a hold of it before it goes to auction. Otherwise, you’ll likely lose access to it entirely based on local regulations. These auctions are typically only open to those with a special license for salvaging or dealing automobiles, and even then it can be a harrowing process. The location of the auction is publicly available, however, so you can always call ahead and see what kind of licensing, if any, they require for you to place a bid.

Fighting a Bad Appraisal

Because insurance companies use their own databases to determine value, it is possible that they could be wrong with their appraisal. If you think that’s the case with your vehicle, you can contest their appraisal by getting one of your own. Independent appraisers can be found through local body shops and garages. If you go this route, make sure you get the inspection details in writing so you can present them to your insurance company.

If the private appraisal doesn’t persuade the insurer to change its position, you can turn to your local department of insurance. A state representative will conduct an investigation to determine the value and whether your insurer was acting unjustly. If that still doesn’t end in your favor, your last options are arbitration and litigation.

Arbitration and litigation aren’t very likely to be used in an insurance dispute, but it’s essential that you know your options. Under arbitration, you’ll have a third party oversee the dispute and make a decision. If the decision is binding, that’s the end, but if it’s unbinding, you can take it to court. Litigation isn’t very common because settling is typically cheaper and less time-consuming than a lawsuit.

Tips for Negotiating With Your Insurer

To get the most out of your insurance payout, you’ll need to argue the value of your vehicle. Insurance companies don’t always come up with the best actual value, so it’s up to you to argue your case according to Value Penguin. These strategies can put you in a better position to make your case:

  • Emphasize emotional toll: When you emphasize the emotional aspect of your argument, you actually come across stronger, according to Value Penguin. Mention how the accident has made it hard for you to get to work, or present images of your vehicle’s damage from the accident that are particularly telling.
  • Push for a higher settlement: Dealing with an insurance company can be costly in terms of both time and money. You may need to hire an attorney to take care of it for you. Just consider the costs of the process compared with the value of the potential payout.
  • Know your car’s value: If your car is declared a total loss, you’re guaranteed to get a payout of some kind. That alone could be beneficial, but you have to know the value of your car beforehand, according to Clearsurance. The sticker details that were on the car when it was purchased will have all the necessary information. Absent that, however, you can search for car values online by make and model year.
  • Have your counteroffer ready: Make sure you start your research into your car’s value as soon as possible. Don’t wait for your insurer to make their offer first. Additionally, remember that your offer is representative of the retail value of your car, not the trade-in value.

With these factors in mind, you’ll be better equipped to argue your case with an insurance company if they declare your vehicle to be a total loss. Out-of-pocket payments can be incredibly burdensome, so make sure you’re protected with all the coverage you need.

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Contact Us Today For A Free 1-Hour Personal Injury Case Evaluation

No Fee Unless You Win!

Well, the first thing that you have to avoid when negotiating an auto accident claim is accepting an insurance company’s initial offer.

The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.

They’re going to give you a devalued estimate of what the true value of that personal injury claim should be, to try and quickly, and quietly, resolve.

Forgetting To Send All Medical And Property Damage Records

The second thing to avoid doing is forgetting to send all medical and property damage records.

So, in this circumstance, if there’s injury, damage to the vehicle, you need to ensure that the insurance company has every last detail.

If they’re missing anything, they’re not going to give you credit, and they will not give you value for that missing document.

Do Not Skip Medical Treatment

Another aspect that you need to always keep in mind is did you, in fact, treat or seek medical treatment?

Sometimes if there’s injury, people decide, “well, I’m going to live with the pain, or ignore it and move forward.” That is absolutely going to be a mistake when it comes to negotiating the outcome and settlement of your claim.

Do what is recommended by medical professionals, because they are trying to get you back to your maximum medical improvement, and the reason for that is so you can live a life whole again.

So, generally what we deal with is not simply trusting or listening to the insurance companies, and ensuring that your documentation is complete and thorough. Always look over that aspect of it.

Questions, Contact Us

If you have any questions regarding your auto accident claim, contact your car accident attorney or your case manager today and we will get your questions and concerns addressed as soon as possible

Every year, a thousands of accident claims are made. To get the most out of an accident claim, a person should have knowledge about the whole process and the individuals that are involved in it. Here are some steps that can help you get the most from a car accident claim:

1. First of all an individual should contact his/her insurer and describe the circumstances of their claim. One should give the insurer maximum details that can be given.

2. All the documents that are related to the accident must be kept in proper order. These important documents include receipts, police reports, and estimates. A person should keep all the papers in a file to make the documents easy to find because not finding an important paper at the right time can make the situation stress-full. The record of claim number should be kept with care and also of the individuals with whom you have talked about the claim.

3. Any expenses related to the accident in which you missed work or paid for medical costs are also included in the important documents. If a person wants the cost of these things to be adjusted in the total settlement that they receive, then every expense related to the claim should be included which is covered in the insurance policy the person has. If a person decides to claim an expense as part of the damages or loss from the accident, they will be required to provide documentation of the expense such as letters, affidavits, estimates and receipts. These are accepted as valid proof.

4. Before claiming, one should research the value of his/her vehicle or get a second opinion about the cost of any repairs that are required after the accident. The value of a vehicle can be easily viewed online and a car owner can get help from a mechanic in estimating the cost needed for repairing if they do not trust the value estimated by their insurance company.

5. It is necessary to read the policy again to know what other things the insurance policy covers especially if an insurance holder is uncertain.

6. An insurance holder must look into diminished value claims for his/her car. Every state has this as insurance against the diminished value of a person’s vehicle after an accident due to the reason that it may not be worth what is used to be.

7. The person should keep one thing in mind that they will be dealing with a car insurance claims adjuster so they deal everything with a sharp mind. The adjuster works for the insurance company so it is obvious that an adjuster tries to save money. An adjuster never helps an insurance holder in receiving the maximum amount, so an insurance holder should deal with the things cleverly.

8. When an individual is offered a settlement, he/she should take time to review it and review it carefully. If according to a person, their car accident claim is worth more than the offer, they should explain why they should get more. Claims adjusters always try to settle the case in less, so a person will not get more if they do not struggle for more.

In a free consultation, an attorney at Denver Trial Lawyers ® can inform you of your rights, educate you about the legal process, and discuss how we may be able to obtain compensation for you.

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    No Fee Unless You Win!

    Well, the first thing that you have to avoid when negotiating an auto accident claim is accepting an insurance company’s initial offer.

    The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.

    They’re going to give you a devalued estimate of what the true value of that personal injury claim should be, to try and quickly, and quietly, resolve.

    Forgetting To Send All Medical And Property Damage Records

    The second thing to avoid doing is forgetting to send all medical and property damage records.

    So, in this circumstance, if there’s injury, damage to the vehicle, you need to ensure that the insurance company has every last detail.

    If they’re missing anything, they’re not going to give you credit, and they will not give you value for that missing document.

    Do Not Skip Medical Treatment

    Another aspect that you need to always keep in mind is did you, in fact, treat or seek medical treatment?

    Sometimes if there’s injury, people decide, “well, I’m going to live with the pain, or ignore it and move forward.” That is absolutely going to be a mistake when it comes to negotiating the outcome and settlement of your claim.

    Do what is recommended by medical professionals, because they are trying to get you back to your maximum medical improvement, and the reason for that is so you can live a life whole again.

    So, generally what we deal with is not simply trusting or listening to the insurance companies, and ensuring that your documentation is complete and thorough. Always look over that aspect of it.

    Questions, Contact Us

    If you have any questions regarding your auto accident claim, contact your car accident attorney or your case manager today and we will get your questions and concerns addressed as soon as possible

    By Jeremy Vohwinkle 37 Comments

    You’ve dealt with the accident, made sure everyone involved is safe, and filed your auto insurance claim. But, what’s next? I’m sure there are a million questions going through your head “What do I do next?” “When will I hear from the insurance agency?” And perhaps most importantly “Did I do everything I could have?”

    The following article will help guide you through the “after events” of an accident and guide you towards the best returns on your insurance claim. We’ve compiled a list of the top 10 things you should know and do to get maximum return from an auto insurance claim.

    How to get the most from a car accident claim

    1.) Check for rental car coverage
    If your car isn’t drivable, check your auto insurance policy to find out it if covers the expenses related to a rental car. Talk with your agent to determine if you’re still liable for collision damage to the rental car, as it can vary by policy.

    If a rental car isn’t covered, consider asking to borrow a car from family or friends for the time being so at least you have a way to get around in the meantime. Or, look into public transportation. Some larger cities have great public subway or bus systems, as well as car share programs.

    2.) Review your insurance policy
    Check to see if you have more than one insurance policy that can provide coverage for the accident. Many people have more than one policy under which they can file an insurance claim. In particular, look for “umbrella” policies, credit card paperwork, and homeowner policies. If you realize during this event that your insurance isn’t very good, you’ll want to find the best auto insurance policy for the future.

    3.) Prepare for a phone call
    After you’ve filed your insurance claim, the insurance company will call you to get more details about the accident. The phone call will usually be made by an insurance agent or claims adjuster. If your claim is approved, the company will send out an adjuster to assess the damage, or may recommend local body shop where you can get it fixed.

    4.) Prepare for a phone call from the other party
    If there is a dispute about the accident, you may get a call from the other person’s insurance company, who will ask you your version of the night of the accident. Be sure to record the details of the call and ask for the name of the agent you’re speaking with.

    5.) Don’t give anything in writing
    Until you fully understand your coverage, don’t give anything to your insurer in writing. You’re also not required to let the insurance company record your phone conversation. If you have any doubts about your rights, don’t be afraid to ask an attorney.

    6.) Keep good records
    As you’re talking with the insurance company or others involved in the claims process, make sure you keep a good record of who you talked to, when you talked to them, and what was discussed.

    7.) Save receipts
    Being overly prepared when it comes to an auto insurance claim can definitely work in your favor. Be sure to save any and all receipts that are related to your insurance claim, repair work on the vehicle, and any medical costs for treatment of injuries. Keep these receipts from the time of the accident until you get your final insurance settlement.

    8.) Find out how much your car was worth
    Research what your car was worth before the accident. Claims adjustors use a variety of resources (like online pricing sites and guide books) to determine the car’s value. Factors like registration, title costs, and sales tax are often figured in as well.

    Since this can vary from company to company, it’s important you do research on your own and don’t just take their word for it. Check websites like Edmund’s and Kelley Blue Book to determine your car’s value. If the claims adjuster presents you with a lower offer, don’t be afraid to come forward with what you’ve found.

    9.) Decide if you want your car back
    After an accident, many people decide to purchase a comparable replacement or even upgrade to a nicer car since repairs can’t always return the car to its original state. Even if it can be repaired to a “like new” condition, it’s lost significant value because it was involved in a major accident.

    10.) Get your car repaired or replaced
    If you got a rental car through your insurance company, the agreement will only provide the car for so long. Soon after the accident, you should begin looking for a replacement car. Or, if you decide to repair your car, look for a reliable repair shop in your city. Some insurance companies will recommend places to use, but ultimately, it’s your choice talk to friends and colleagues to see which shop they prefer.

    Author: Jeremy Vohwinkle

    My name is Jeremy Vohwinkle, and I’ve spent a number of years working in the finance industry providing financial advice to regular investors and those participating in employer-sponsored retirement plans.

    If you have been involved in a car accident, you’re probably dealing with medical bills, insurance payments and emotional distress. Auto wrecks always seem to happen at the wrong time, and they can leave you hassling with issues that you never thought you would have to deal with.

    A car accident settlement can reimburse you for the money that you’ve paid out. It can also make up for lost wages, physical or psychological trauma, and the cost of replacing your car.

    Where does the average auto accident settlement come from?

    If you’ve been involved in a car accident, your insurance or the other driver’s coverage might be responsible for compensating you for injury and damages. If you have collision coverage on your own vehicle and the crash was your fault, the insurance company will pay a certain amount to fix your car. If the cost to repair the damages is more than the value of your vehicle, the insurance company may consider your car totaled and give you a lump sum based on how much it’s worth.

    When the wreck was caused by another driver’s negligence, his or her insurance company should compensate you for any losses, damages, pain and suffering. The sum that the company offers may be much lower than you expect.

    It’s easy to get reimbursed for funds that you’ve paid out. It’s challenging to put a fair price on pain and suffering.

    How to get the most from a car accident claim

    Should you call a lawyer for my car wreck?

    Working with a car accident lawyer can help you receive reasonable compensation that may exceed the amount that the insurance company would offer you on your own. An automobile injury attorney will help you present every detail about your case to the insurance company or a judge. He or she might bring up information that you would have missed if you did the negotiations yourself.

    Reimbursement for your car repairs and medical bills will almost always be determined by the amount that you paid. The lawyer will help you negotiate an adequate settlement for pain and suffering.

    It’s the insurance company’s job to offer you the lowest acceptable amount for a settlement. That’s how the organization makes the most of their own income and profits. An insurance adjuster may try to prove that you underwent unnecessary treatment. They may attempt to say that you were able to go to work.

    A lawyer will help you take the measures that are necessary to protect yourself if you’ve been injured in an auto wreck. You’ll need to document everything related to the accident. When a doctor can vouch for missed work days and the treatment that you have received, you should be able to recover the money that you’ve lost.

    If you want to maximize your settlement, you’ll need to do more than submit a claim through an insurance company. An attorney will help persuade the insurance company that they should look into the matter further. A lengthy investigation may be initiated, and the personal injury lawyer will negotiate the settlement with the insurance company.

    You don’t always have to file a lawsuit to get a settlement payout for whiplash or another auto injury. The insurance company and your attorney may reach a suitable agreement. If they don’t, you may need to take the matter to court. A car wreck attorney can answer your questions about suing after a car accident.

    How to get the most from a car accident claim

    What kind of settlement should I expect from a car accident?

    One guideline for determining a settlement is that the total will be about three times the cost of your medical bills. However, a variety of factors go into deciding the average settlement for a car accident.

    A judge will take into account the type of injury, treatment plan, length of therapy, loss of income and severity of the wreck. In most cases, a settlement is only offered when the medical treatment has been completed. Permanent injuries will influence the amount of compensation that you receive.

    If you’re working with an insurance company after a car wreck, let them know if you’re still going through medical treatment so that you don’t settle for less than you deserve.

    How car accident settlements are calculated

    Stoy Law Group has created a calculator that will give you an estimate case value for your car accident settlement.

    View the personal injury calculator to get the estimated value of your case.

    The insurance industry doesn’t have an exact formula for calculating the average car accident settlement amount. If you only sustained damage to your car, you’ll typically be reimbursed based on the policy limits.

    Pain and suffering compensation is only given when you have been injured. Therefore, it’s important to be examined by a doctor immediately even if you don’t think that you’ve been hurt.

    Some automobile crash injuries, such as whiplash, don’t become evident until a few days after the crash. If you’ve already negotiated your settlement or waited too long to get medical care, you might not be compensated for the injury.

    If you want to get a rough estimate of how much to expect from a car accident settlement, add up your expenses for medical bills, car repairs and lost wages. Multiply that sum by three.

    For example, let’s say that you injured your back in a car accident and paid $5,000 in doctor’s bills. You were out of work for a week, which made you lose $2,000 in income.

    Your average car accident settlement might be approximately $21,000. It is likely to fall somewhere between $14,000 and $28,000.

    The settlement is generally higher for more severe or permanent injuries. You’ll also get paid more if the other driver was found to be driving under the influence.

    When you’re filing an injury claim with the other driver’s insurance company, you’re limited by their policy maximum.

    For example, if you sustained $30,000 in damages but their insurance limit is $20,000, you might need to sue the individual separately to reclaim the additional $10,000. You might be able to file with your own insurance company if you have under-insured motorist coverage.

    What’s next?

    If you’ve been hurt in an automobile accident, make sure that you move quickly. You typically have one or two years from the date of the accident to file a lawsuit. A minor can file a lawsuit any time before their 18 th birthday.

    Working with a personal injury lawyer can help you go through the process with minimal distress. You’ll be more likely to get adequate compensation, and you won’t be left wondering if you could have done more to recoup the value of your pain and suffering.

    Contact a Fort Worth car accident lawyer immediately after your car accident so that you maximize your ability to get the compensation that you deserve.