What Is an Injury Claim?

An injury claim is a demand for financial compensation from someone who has caused you harm. This usually happens outside of Court and your attorney is in charge of all communications with the defendant and their insurance company.

Special damages are simple to calculate and include costs that relate to your injury, such as medical bills, repair bills and lost wages. General damages are harder to quantify and include things like pain and suffering.

Medical Treatment

Medical treatment is an important part of any injury claim. Workers injured in an accident must get the medical care they require to treat their injuries and be able to establish that someone else was negligent. It is also a way to establish how much the responsible party owes in damages.

California workers compensation law grants you the right to receive medical attention that is reasonable to cure or relieve ailments and injuries that arise from your work. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

When calculating your total amount of pain and suffering the adjuster for insurance will consider your medical bills to determine the severity of your injuries. They might employ a multiplier to determine the appropriate amount of your damages. If you have gaps in your treatment, or if physical therapy is an important part of your expense the adjuster might not see your injuries as serious as you claim.

There are a myriad of reasons why gaps could exist in your treatment. Family issues, transportation issues and other unavoidable circumstances can interfere with your ability to make an appointment with your doctor. A personal injury lawyer with experience should be able gather evidence that a delay in your treatment was due to an unavoidable circumstance.

Lost Wages

The loss of income caused by injuries in a car accident is a different kind of economic loss that could be recovered through an individual injury claim or lawsuit. This is known as lost wages or loss of earnings, and it can be among the largest losses sufferers face due to their injuries.

Loss of income can be a devastating blow for the injured victim. It can be a challenge to manage. Those who work full-time or even those earning hourly pay can easily lose a significant amount of money when they must miss work because of an injury. In addition to losing on the benefit of not working injured workers could also lose other benefits of the company like gym memberships, loans for company vehicles and other benefits.

In some instances, the 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 emotional and physical trauma. In this situation the victim could be entitled to a reimbursement of future lost wages or lost earning capacity as part of their compensation.

In most cases, in order to get a reimbursement for lost wages as a result of an accident, it's crucial to show proof of the amount of time you've missed from work. This can include paystubs, the records of employment, profit and loss statements and tax documents. It is also important to have a doctor's certificate, or a disability slip from the employer which outlines the extent of the injuries and how long the injured worker must be out of work in order to recover.

Pain & Suffering

It is hard to prove pain and suffering. This encompasses any pain, discomfort or emotional trauma caused by an injury. It also covers any loss of enjoyment or disfigurement that results from it.

Your lawyer can help you determine the value of your claim providing a detailed objective analysis of the way your injuries impact your daily life. This is typically more persuasive to a juror than receipts and bills.

There are a variety of ways to calculate pain and suffering damages such as the multiplier method and the per diem method. The multiplier method is where your actual economic losses are totaled and then multiplied by an amount between 1.5 and five based on how severe your injuries are.

Other non-economic damages that you could 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 refers to any limitations you may experience in your everyday activities as a result of the injury, and disfigurement could be awarded in lieu of any permanent or recurring damage caused by the accident.

Unlike special damages that can be proved with receipts and invoices for pain and suffering, injury lawyer these damages are more subjective and difficult to quantify. This is why it is crucial to keep records of your injuries and discomforts when they happen so that you can record the impact on your life.

Damages

There are costs that could be printed out on a receipt and tacked up to a tidy figure in addition to other costs that aren't quantifiable. General compensatory damages deal with these intangible losses.

You may be eligible to claim compensation for emotional stress like the impact your injuries have affected your life. This could include anxiety, fear, and post-traumatic disorder. You can also claim compensation for the loss of enjoyment in life in the event that an injury has impeded you from enjoying the activities you used to do before.

Special damages are financial compensation for any expenses you've incurred as a result of your injury or illness. They may include travel costs to and from the hospital, prescriptions and treatment costs including home modifications and health care requirements. You can also claim loss of future earnings in the event that your injury, or illness prevents a return to the same job.

In some instances the court can decide to award exemplary damages. These are meant to penalize the defendant for a particularly serious conduct, such as a defamation case. An experienced attorney can advise you on whether the exemplary damages could be applicable in your particular situation.