What Is an Injury Claim?

A claim for compensation is a request to anyone who has injured you to seek financial compensation. The process is usually outside of court, and your lawyer handles all communications with the defendant and his insurance company.

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

Medical Treatment

A claim for injury is not complete without medical treatment. Workers injured need the medical attention they require to treat their injuries and prove that they were injured as a result of negligence by someone else. It's also a means to determine how much the accountable party owes in damages.

Under California workers' compensation laws, you are entitled to medical care that is reasonably required to treat 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 use a multiplier to determine the right range of damages. However, if you have experienced a lack of treatment or your physical therapy accounts for a large percentage of your costs the adjuster from your insurance company may view your injuries as not as severe as you claim.

There are numerous legitimate reasons for why an inconsistency in your treatment 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. An experienced personal injury attorney can gather evidence to show that a gap in treatment was the result of an event that was out of your control.

Lost Wages

The loss of income caused by injuries sustained in a car accident is another type of economic damage that can be recouped through an injury claim or lawsuit. This is known as lost wages or loss of earnings and it is one of the largest losses victims face because of their injuries.

The loss of wages can be devastating for the injured victim and are often difficult for a victim to manage. People who work full-time or even those who receive hourly pay can quickly be unable to pay for large amounts when they must miss work due to injuries. In addition to the value of missing work hours the injured may miss out on benefits offered by the company like gym memberships, use of a vehicle loaned by the company and other benefits.

In some cases, injuries caused by a crash can be so severe that the victim cannot return to work or are unable to perform their job due to emotional and physical trauma. In this scenario the client could be entitled to compensation for the future loss of wages or even lost earning capacity as part of their damages.

To receive compensation for wages lost due to an accident, you will have to prove the time you were absent at work. This can include paystubs, profits and losses statements, employment records and tax documents. A doctor's note or disability slip that details the injuries sustained and the length of time a victim is off work to recuperate is required as well.

Pain & Suffering

The suffering and pain of others 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 in life or disfigurement that results from it.

Your lawyer can help you determine how much your claim might be worth through an objective assessment of your injuries and how they impact your daily routine. This is typically more convincing to jurors than receipts and bills.

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

Other damages that you may not be able to economically be eligible to pursue include loss of consortium (money that compensates your spouse for their loss of companionship) as well as physical impairment and disfigurement. Physical impairment refers to any limitations that you may experience in your normal daily activities as a result of the injury, while disfigurement could be awarded for any permanent or permanent injury that results from the accident.

Injuries and pain, unlike special damages, are subjective and hard to quantify. This is the reason it's crucial to keep records of your injuries and discomfort as they occur so that you can document the impact on your life.

Damages

Certain costs can be printed on receipts, added up and a neat figure is created. Other costs are not easily quantifiable. These intangible losses are addressed by general compensatory damages.

Stress, for instance, isn't a cost that can be printed out but you may be able to get compensation for the negative impact on your life that your injuries have caused. This could include fear, anxiety and post-traumatic stress disorder. You may also receive compensation for the lack of enjoyment If your injury law firms prevented you from taking part in the activities you previously enjoyed before.

Special damages are financial compensation for expenses you've incurred as the result of your illness or injury. They could include travel to and from hospital prescriptions, treatment and medication costs as well as home adaptations and medical needs. You can also claim lost future earnings If your illness or injury prevents you from returning to the same job.

In certain circumstances, a court may give an exemplary amount of damages. These damages are designed to retaliate against defendants who have committed serious misconduct, like defamation. A knowledgeable attorney can advise you on whether exemplary damages might apply in your particular case.