What Is an Injury Claim?

An injury claim is a request for financial reimbursement from the person who caused you harm. This usually happens outside of court. Your lawyer handles all communications with the defendant and his insurance company.

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

Medical Treatment

A claim for injury is incomplete without medical treatment. Workers who have been injured must receive the necessary medical care to treat their injuries and prove that they suffered injury due to negligence of another party. It's also a way to determine how much the responsible party owes in damages.

Under California workers insurance laws, you are entitled to medical treatment that is reasonable to treat or alleviate work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

In calculating your pain and suffering the insurance adjuster will take into account your medical expenses to determine how serious your injuries were. They might employ a multiplier to determine the right range of damages. But, if you've been unable to complete your treatment or if your physical therapy account for a significant portion of your bills the insurance adjuster might view your injuries as not as severe as you claim.

There are many valid reasons why a gap in your care may exist. You might not be able to attend a doctor's appointment due to family issues, transportation problems or other circumstances that are unavoidable. A seasoned personal injury lawyer is able to collect evidence to show that the gap in treatment was caused by circumstances beyond your control.

Lost Wages

The loss of income due to injuries in a car accident is a different type of economic loss that can be recouped through personal injury claims or lawsuit. This is referred to as lost wages or loss of earnings, and it can be one of the largest losses victims suffer because of their injuries.

The loss of wages could be a devastating blow to an injured victim. It can be difficult to handle. Individuals who work full-time, or even those with hourly pay can easily be unable to pay for large amounts when they have to leave work due to injuries. In addition to the financial cost of missing work hours the injured may miss out on benefits offered by the company like gym memberships or use of a company-loaned car and other benefits.

In some cases, injuries from a car accident may be so severe that a victim is unable to return back to work or are unable to perform their job duties due to physical and emotional trauma. In this situation the victim could be entitled to compensation for future lost wages or loss of earning capacity as part of their damages.

In order to receive compensation for lost wages caused by an accident, you'll need to provide proof of the time you were absent at work. Paystubs, employment records and tax documents are all acceptable. A doctor's note or injuries disability slip that describes the injuries sustained as well as the length of time that a victim must be off work to recuperate is required as well.

Pain & Suffering

It is difficult to prove pain and injuries suffering. It is the term used to describe any discomfort, pain or emotional trauma caused by an injury. It also covers any loss of enjoyment or disfigurement resulting from the injury.

Your lawyer can assist you in determining how much your claim may be worth through an objective assessment of your injuries and how they impact your daily activities. This is usually more persuasive to jurors than receipts and bills.

There are many ways 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 totaled and then multiplied with a number that ranges from 1.5 and five depending on how severe your injuries are.

You could also be able to pursue non-economic damages such loss of consortium physical impairment, loss of consortium, and disfigurement. Physical impairment refers any limitation that you are able to experience in your daily activities because of the injury. Disfigurement may be awarded if the accident results in permanent injury lawsuit or scarring.

Injuries and pain, unlike special damages, are subjective and hard to quantify. That's why it is important to keep track of your injuries and discomfort as they occur so that you can record the impact on your life.

Damages

Some expenses can be printed on a receipt and then added to a nice figure is produced. Other costs are not easily quantifiable. These intangible losses are dealt with by general compensatory damages.

For instance, emotional distress isn't a price that can be printed however, you might be able to get compensation for the negative effect on your life that your injuries have caused. This may include anxiety, fear and post-traumatic stress disorder. You can also claim compensation for the lack of enjoyment in life in the event that an injury has impeded your from participating in activities you enjoyed prior to.

Special damages are compensation for expenses resulted from your injury or illness. They can include travel to and from hospital prescriptions and treatment expenses, home adaptations and care requirements. You may also be able to claim lost future earnings if your injury or illness prevents you from returning to the same job.

In certain situations the court can decide to award an exemplary amount of damages. These are meant to penalize the defendant for a particularly serious behavior, such as a defamation case. An experienced attorney can guide you on whether or not extraordinary damages may be appropriate in your case.