What Is an Injury Claim?

A claim for compensation is a request made to anyone who has injured you to seek the payment of monetary compensation. This process is usually done outside of Court, and your attorney handles all communications with the defendant and their insurance company.

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

Medical Treatment

Medical treatment is an important aspect of any injury claim. Injured workers need to get the medical treatment they need to heal their injuries and prove that someone else was negligent. It's also a method to determine the amount that the accountable party owes in damages.

Under California workers insurance laws, you are entitled to medical treatment that is necessary to cure or relieve from 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. If you're not getting the most from your treatment or your physical therapy is an important portion of your expenses the adjuster may not consider your injuries to be as serious as you claim.

There are many legitimate reasons for why a gap in your care could be present. You may be unable to attend a doctor's visit due to family issues, transportation issues or other circumstances that are unavoidable. An experienced personal injury attorney is able to collect evidence to show that a delay in treatment was due to a circumstance that was beyond your control.

Lost Wages

The loss of income as a result of injuries in a car accident is another type of economic loss that could be recouped through an individual injury claim or lawsuit. This is known as lost wages or loss of earnings and it can be one of the most significant losses that victims experience because of their injuries.

Loss of wages can be a devastating blow to an injured victim. It can be difficult to handle. If you are injured, those who are employed on a full or hourly basis could suffer a loss of a considerable amount. In addition to the cost of working less injured workers may also be denied benefits offered by their employers like gym memberships, the use of a loaned company vehicle, and other benefits.

In some cases, the injuries caused by a car accident are so that the person injured is unable to return to work. They may also lose their capacity to perform their job because of emotional and physical trauma. In this situation the victim could be entitled to future lost wages or lost earning capacity as a part of their compensation.

In order to receive compensation for lost wages resulting from an accident, you'll have to prove the time you were absent at work. Paystubs, employment records and tax documents are all acceptable. A doctor's note or disability slip that details the injuries sustained and the duration for which a person must be off work to recover is necessary as well.

Pain & Suffering

It is difficult to prove the existence of pain and suffering. This includes any discomfort, pain or emotional trauma that is caused by an injury. It also covers any loss of enjoyment in life or disfigurement resulting from the injury.

Your lawyer can help you determine the worth of your claim by providing an accurate and objective analysis of the way your injuries impact your daily life. This information is typically more convincing to jurors 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. The multiplier method involves adding up your economic losses, and then multiplying them by a figure ranging from 1.5 to five, injury based on the extent of your injuries.

Other non-economic damages that you could be legally able 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 is any limitation that you are able to experience in your daily activities due to the injury. Disfigurement can be awarded when the accident causes permanent damage or scarring.

Unlike special damages that can be proven with receipts and bills the pain and suffering damages are more 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

There are costs that could be printed out on a receipt and tacked to create a precise figure but there are also costs that aren't easily quantifiable. These intangible costs are covered by general compensatory damages.

For instance, emotional distress isn't an expense that can be printed, but you may be able recover compensation for the negative effect on your life that your injuries have caused. This may include anxiety, fear and post-traumatic stress disorder. You may also be eligible for compensation for the loss of enjoyment if an injury has prevented you to enjoy activities you used to do before.

Special damages are the compensation you receive for expenses caused by your injury or illness. They can include travel to and from the hospital, prescriptions and treatment costs in addition to home adaptations and other care requirements. You may also be able to claim lost future earnings in the event that your illness or injury prevents you from returning to the same job.

In certain situations the court could decide to award exceptional damages. These damages are intended to penalize defendants for serious misconduct, such as defamation. An experienced lawyer can assist you in determining whether exemplary damages are applicable to your situation.