What Is an Injury Claim?

An injury claim is a request for monetary compensation from someone who caused you harm. This process is usually done outside of Court and your attorney is in charge of all communications with the defendant and their 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 are more difficult to quantify and include things such as pain and suffering.

Medical Treatment

A claim for injury is not complete without medical treatment. Workers injured in an accident must get the medical attention they require to treat their injuries and be able to prove that someone else was negligent. This is also a good way to determine how much damages the accountable party must pay.

According to California workers' compensation laws, you have the right to medical care that is reasonably required to cure or relieve ailments and injuries caused by 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 an insurance adjuster will examine your medical bills to see the severity of your injuries. They may use a multiplyer to determine the amount of damage. If you've had gaps in your treatment or lawyers your physical therapy accounts for a large percentage of your expenses an insurance adjuster could think that your injuries are not as severe as you claim.

There are numerous legitimate reasons that an inconsistency in your treatment may be a result of a gap in your treatment. You might not be able to attend a doctor's visit due to transportation issues, family issues or other situations that cannot be avoided. 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 in a car accident is a different kind of economic loss that can be recovered through an injury claim or lawsuit. This is also referred to as lost earnings or lost wages and could be among the most significant losses suffered by victims as a result their injuries.

The loss of wages could be a devastating blow for the injured victim. It is often difficult to manage. If injured and paid on a regular basis or full-time may lose a significant amount of money. In addition to the financial cost of working less, injured individuals may lose out on company perks such as gym memberships, use of a company-loaned vehicle and other benefits.

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

In the majority of cases, in order to be reimbursed 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. Paystubs, employment documents and tax documents are all acceptable. It is also required to have a doctor's certificate or a disability slip from the employer that details the injuries and the time the person has to be out of work in order to recuperate.

Pain & Suffering

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

Your lawyer can help you understand how much your claim might be worth by providing an objective analysis of your injuries and how they affect your daily routine. This is typically more convincing to jurors than bills and receipts.

There are various methods of calculating damages for pain and suffering, including the multiplier and per-diem methods. The multiplier method involves adding up your economic losses and multiplying them by a number that ranges from 1.5 to five, 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 lost companionship), physical impairment and disfigurement. Physical impairment is any limitation you might face in carrying out your normal daily activities as a result of the injury, and disfigurement could be awarded in lieu of any permanent or recurring damage caused by the accident.

Pain and suffering damages in contrast to other damages are subjective and difficult to quantify. This is the reason it's crucial to keep the track of your injuries and discomforts when they happen so that you can document the impact on your life.

Damages

There are costs that can be printed out on a receipt and added up to a neat figure in addition to other costs that aren't easily quantifiable. These intangible losses can be addressed by general compensatory damages.

You may be able to recover compensation for emotional distress in the form of the impact your injuries have affected your life. This could include fear, anxiety and post-traumatic stress disorder. You can also claim compensation for the loss of enjoyment in your life after an injury has stopped you to enjoy activities you were previously able to enjoy before.

Special damages are compensation for expenses incurred due to your injury or illness. They can cover travel to and from the hospital prescriptions and treatment expenses, home adaptations and care requirements. You can also claim lost future earnings in the event that your injury or illness prevents you from returning to the same job.

In some cases the court could give exemplary damages. These are designed to punish the defendant for especially serious behavior, like a case of defamation. A lawyer with experience will assist you in determining whether exemplary damages are applicable in your case.