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 in a non-judiciary setting and your lawyer is in charge of all communications with both the defendant and his insurance company.

Special damages are easy to calculate and include all costs relating to your injury, including repair and medical bills. General damages are harder to quantify and include things like pain and suffering.

Medical Treatment

A claim for injury is insufficient without medical treatment. Injured workers must get the required medical care needed to treat their injuries and prove that they suffered injury because of negligence by someone else. This is also a good method to determine the amount of damages the accountable party must pay.

Under California workers' compensation laws, you are entitled to medical treatment that is reasonable to cure or relieve 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 see how serious your injuries were. They may employ a multiplier to determine your damages. If you've suffered from a lack of attention or your physical therapy accounts for a large portion of your bills, the insurance adjuster may view your injuries as not being as severe as you claim.

There are many legitimate reasons that an inconsistency in your treatment could be present. Family issues, transportation problems and other circumstances that are unavoidable can hinder your ability to attend a doctor's appointment. A personal injury lawyers lawyer with years of experience can gather evidence that a delay in your treatment was caused by an unavoidable situation.

Lost Wages

The loss of income resulting from injuries sustained in a car accident is another type of economic loss that could be recouped through personal injury claims or lawsuit. This is known as lost wages or loss of earnings and it could be one of the most significant losses victims face due to their injuries.

Lost wages can be a major blow to an injured victim and can be difficult for injured victims to manage. Individuals who work full-time, or even those with hourly pay can quickly lose large amounts of money when they are forced to leave work due to injuries. In addition to the cost of missing work hours the injured may be denied company perks like gym memberships or use of a vehicle loaned by the company and other benefits.

In some cases, injuries from a car accident may be so severe that the victim is unable to return back to work, or injuries cease to be able to perform their job responsibilities because of emotional and physical trauma. In this case the client could be entitled to future lost wages or lost earning capacity in addition to their damages.

In most cases, in order to receive reimbursement for lost wages as caused by an accident, it's essential to prove the amount of time missed from work. Paystubs, employment documents and tax documents are all acceptable. A doctor's note or disability slip that outlines the injuries sustained as well as the length of time a victim must stay out of work in order to recover is important as well.

Pain & Suffering

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

Your lawyer will be able to help you determine how much your claim may be worth by providing an objective assessment of your injuries and how they affect your daily routine. This kind of information is typically more compelling to a jury than bills and receipts.

There are a variety of methods to calculate pain and suffering damages including the multiplier method, as well as the per diem method. With the multiplier method, your actual economic losses are summed and then multiplied by a number ranging from 1.5 and five based on how serious your injuries are.

Other non-economic damages that you could be able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship), physical impairment and disfigurement. Physical impairment is any limitation you may experience in your everyday activities as a result of the injury, while disfigurement may be awarded for any permanent or lasting damage that result from the accident.

Injuries and pain, unlike special damages, are subjective and hard to quantify. This is why it is crucial to keep track of your injuries and discomfort in the event that they occur so you can document the effect on your life.

Damages

There are costs that can be printed out on a receipt and added to make a neat number, and there are other costs that aren't easily quantifiable. General compensatory damages deal with these intangible losses.

Depression, for instance isn't an expense that can be printed out but you may be able recover compensation for the negative effect on your life that your injuries have caused. This may be a result of anxiety, fear and post-traumatic disorder. You can also be compensated for the loss of enjoyment when your injury has prevented you from enjoying activities that you were able to enjoy before.

Special damages are financial compensation for costs you've incurred as a result of your injury or illness. This can include the cost of traveling to and from the hospital or treatment facility, prescriptions, home modifications, injuries and medical care. You can also claim for lost future earnings If your illness or injury is preventing you from returning to the same job.

In certain circumstances, a judge may decide to award an exemplary amount of damages. These damages are meant to punish defendants for serious misconduct, such as defamation. An experienced attorney can guide you on whether exemplary damages might apply in your situation.