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What Is an Injury Claim?

A claim for compensation is a request made to anyone who has injured you for monetary compensation. It is usually handled outside of court, and your lawyer is in charge of all communications with both the defendant and his insurance company.

Special damages are easy to calculate and can include expenses related to your injury such as medical bills, repair costs and lost wages. General damages are harder to quantify and include things such as pain and suffering.

Medical Treatment

A claim for injury is not complete without medical treatment. Workers who are injured must receive the necessary medical care to treat their injuries and prove that they were harmed by the negligence of someone else. This is also a great way to determine how much damages the responsible party should pay.

According to California workers insurance laws, you have the right to medical care that is reasonably necessary for the treatment or relief of work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

When calculating your total pain and suffering, the insurance adjuster will look at your medical bills to determine how serious your injuries were. They might use a multiplier to calculate your damages. But, if you've had gaps in your treatment or your physical therapy account for a large portion of your expenses an insurance adjuster could view your injuries as not being as severe as you claim.

There are many valid reasons why gaps could be present in your treatment. Transportation issues, family issues and other circumstances that are unavoidable can interfere with your ability to make an appointment with your doctor. A seasoned personal injury lawyer should be able to gather evidence to show that the gap in treatment was due to an event that was out of your control.

Lost Wages

The loss of income resulting from injuries sustained in a car accident is another type of economic loss that can be recovered through an injury claim or lawsuit. This is referred to as lost wages or loss of earnings, and it can be one of the largest losses victims suffer due to their injuries.

Loss of wages can be devastating to an injured victim, and are often difficult for injured victims to manage. Individuals who work full-time, or even those with hourly wages can lose large amounts of money when they must miss work due to injuries. In addition to losing on the benefits of working less employees who are injured may be unable to access other company benefits like gym memberships, loans for company vehicles and other perks.

In some cases, injuries caused by a crash can be so severe that a victim is unable to return to work or cease to be able to perform their job due to physical and emotional trauma. In this scenario the victim could be entitled to any future lost wages, or even lost earning capacity as a part of their compensation.

In most cases, to receive reimbursement for lost wages as caused by an accident, it is crucial to show proof of the amount of time you've missed from work. Paystubs, employment records, and tax documents are all acceptable. A doctor's note or disability slip that details the injuries sustained and the amount of time the victim has to be off work to recuperate is required as well.

Pain & Suffering

It is hard to prove pain and suffering. It includes any pain, discomfort or emotional trauma caused by injury. It also covers any loss of enjoyment or disfigurement caused by the injury.

Your lawyer will be able to help you understand how much your claim might be worth through an objective analysis of your injuries and how they affect your daily routine. This information is usually more convincing to jurors than bills and receipts.

There are a variety of methods to determine the amount of pain and suffering including the multiplier method, as well as the per diem method. By using the multiplier method, your actual economic losses are added up and then multiplied by a number between 1.5 and five based on how serious your injuries are.

Other non-economic damages you may be legally able to pursue include loss of consortium (money that compensates your spouse for the loss of companionship) physical impairment and disfigurement. Physical impairment refers to any limitations that you experience in your daily activities because of the injury. Disfigurement can be awarded when the accident causes permanent damage or scarring.

Injuries and pain unlike other damages, are subjective and hard to quantify. This is the reason it's crucial to keep track of your injuries and discomforts when they happen so that you can document the effect on your life.

Damages

There are some costs that can be printed on a receipt, and then added to create a precise figure but there are also costs that aren't quantifiable. These intangible losses can be addressed by general compensatory damages.

Stress, for instance, isn't a cost that can be printed however, you might be able to get compensation for the negative impact on your life that your injuries have caused. This may include anxiety, fear and post-traumatic disorder. You may also be compensated for loss of enjoyment if your injury lawsuits has prevented you from enjoying activities that you previously enjoyed before.

Special damages are financial compensation for any costs you've incurred as a result of your illness or injury. These can include the cost of traveling to and from the hospital, prescriptions, treatment, adjustments to your home, and health care. You may also claim lost future earnings in the case that your injury or illness prevents a return to the same job.

In certain circumstances, the court may decide to award exemplary damages. They are intended to penalize the defendant for especially serious conduct, such as a defamation case. A lawyer with experience can help you determine if exemplary damages are applicable in your particular case.