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What Is an Injury Claim?

An injury claim is a request for monetary compensation from someone who caused you harm. This usually happens outside of court and your attorney handles all communication with the defendant and injury lawsuit their insurance company.

Special damages are easy to calculate, and they include costs related to your injury such as medical bills, repair bills and lost wages. General damages can be more difficult to calculate and include things such as pain and suffering.

Medical Treatment

Medical treatment is a vital component of any injury lawsuit. Injured workers must get the necessary medical care to treat their injuries and prove that they suffered harm due to negligence by someone else. It is also a way to determine how much the responsible party owes in damages.

Under California workers' compensation laws, you have the right to medical care that is reasonably necessary to treat or relieve the effects of work-related injuries or illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

The insurance adjuster will consider medical bills as a way to determine the severity of your injuries when calculating the total amount of suffering. They might use a multiplier to determine the appropriate range of your damages. However, if you have experienced a lack of treatment or if your physical therapy account for a large percentage of your bills the insurance adjuster might consider your injuries to be not being as severe as you claim.

There are a variety of legitimate reasons why a gap in your care could exist. Transportation issues, family issues and other unforeseen circumstances could interfere with the ability of you to make an appointment with your doctor. A seasoned personal injury lawyer should be able to gather evidence to show that a gap in treatment was due to an incident that was outside your control.

Lost Wages

Loss of income due to of injuries sustained in a car crash is another financial loss that may be recovered by filing an injury lawsuit or claim. This is referred to as lost wages or loss of earnings and it is one of the biggest losses victims face as a result of their injuries.

Lost wages can be a major blow to an injured victim, and are often difficult for victims to manage. People who work full-time or even those who earn hourly wages can lose substantial amounts of money when they have to be absent from work due to an injury. In addition to the expense of working a few hours less an injured worker could be denied company perks such as gym memberships, use of a company-loaned car and other benefits.

In certain instances, injuries caused by a car accident could be so severe that a victim is unable return to work or are unable to perform their job because of emotional and physical trauma. In such a case the victim may be entitled to future lost wages or lost earning capacity, in addition to the damages.

In order to receive compensation for wages lost due to an accident, you'll need to provide proof of the hours you didn't work at work. This could include pay stubs, the records of employment, profit and loss statements and tax documents. It is also important to have a doctor's note or a disability form from the employer that details the injuries and the time the person has to be out of work in order to recover.

Pain & Suffering

Pain and suffering is one of the most difficult damages to prove. This includes any pain, discomfort or emotional trauma that is caused by an injury. It also covers any loss of enjoyment or disfigurement as a result.

Your lawyer can assist you determine the worth of your claim by providing a detailed objective analysis of how your injuries affect your daily life. This kind of information is typically more compelling to a jury than bills and receipts.

There are a variety of methods to determine the amount of pain and suffering including the multiplier method and the per diem method. The multiplier method involves accumulating your economic losses and then multiplying them by a number ranging from 1.5 to five, depending on the extent of your injuries.

Other non-economic damages you might be legally able to pursue include loss of consortium (money that compensates your spouse for their lost companionship) as well as physical impairment and disfigurement. Physical impairment is any limitation you might experience in your daily activities due to the injury. Disfigurement may be awarded if the accident results in permanent scarring or damage.

The damages for pain and suffering in contrast to other damages are subjective and difficult to quantify. It is essential to record your injuries and discomfort so that you can prove their impact on your life.

Damages

Certain expenses can be printed on receipts which is then added together and an attractive figure is generated. Other costs are not easily quantifiable. General compensatory damages deal with these intangible losses.

Emotional distress, for example isn't a expense that can be printed out, but you may be able to claim compensation for the negative impact on your life that your injuries caused. This may include anxiety, fear and post-traumatic disorder. You can also be compensated for lack of enjoyment if your injury has prevented you from taking part in the activities you enjoyed prior to.

Special damages are financial compensation for expenses you've incurred as a result of your illness or injury. They could include the cost of traveling to and from the hospital as well as prescriptions, treatment home adaptations, and treatment. You may also be able to claim lost future earnings in the event that your illness or injury is preventing you from returning to the same job.

In certain cases the court might make exemplary damages. These damages are designed to punish the defendants for serious violations, like defamation. A knowledgeable attorney can advise you on whether or not the exemplary damages could be applicable in your particular situation.