What Is an Injury Claim?

A claim for compensation is a request made to anyone who has injured you for financial compensation. This usually happens outside of court, and your lawyer is in charge of all communications with both the defendant and his insurance company.

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

Medical Treatment

Medical treatment is an important component of any injury lawsuit. Workers injured need the medical treatment they require to heal their injuries and also establish that someone else was negligent. It is also a way to determine how much the accountable party owes in damages.

According to California workers' compensation laws, you have the right to medical treatment that is necessary to treat or relieve the effects of work-related injuries or 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 might use a multiplier to determine the amount of damage. If you have gaps in your treatment, or if physical therapy is an important part of your expenses, the adjuster may not view your injuries as serious as you claim.

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

Lost Wages

Loss of income due to of injuries caused by a car crash is a different economic loss that can be recouped through filing an injury lawsuit or claim. This is known as lost wages or loss of earnings, and it can be one of the largest losses victims experience because of their injury.

The loss of wages can be a devastating blow to the injured victim. It can be difficult to handle. If you are injured, those who are paid on a full-time or hourly basis can lose a lot of money. In addition to losing out on the benefits of working less the injured worker could also be denied other company benefits like gym memberships, loans for company vehicles, and other benefits.

In some cases, the injuries caused by a crash can be so severe that a victim is unable to return to work or they permanently cease to be able to perform their job due to emotional and physical trauma. In this instance the victim could be entitled to recover the future loss of wages or even loss of earning capacity as part of their compensation.

To be eligible for compensation for wages lost due to an accident, you will be required to prove the hours you didn't work at work. Paystubs, employment records, and tax documents are all acceptable. A doctor's note or disability slip describing the injuries sustained and the duration for which a person must stay out of work to recuperate is required in addition.

Pain & Suffering

Pain and suffering is among the most difficult damages to prove. It includes any discomfort, pain or emotional trauma caused by injury. It also covers any loss of enjoyment in life or disfigurement as a result.

Your lawyer can help determine the value of your case by providing an in-depth, objective analysis of how your injuries affect your daily life. This type of information is more compelling to a jury than receipts and bills.

There are a variety of methods of calculating damages for pain and suffering, such as the multiplier and per diem methods. The multiplier method involves accumulating your economic losses and multiplying them by a number ranging from 1.5 to five, based on the severity of your injuries.

Other non-economic damages that you could be able to pursue include loss of consortium (money that compensates your spouse for the loss of companionship) as well as physical impairment and disfigurement. Physical impairment refers any limitation that you are able to experience in your daily activities due to the injury. Disfigurement is a possible award in the event of an accident that causes permanent damage or scarring.

Pain and suffering damages, unlike special damages, are subjective and difficult to quantify. That's why it is important to keep records of your injuries and discomforts as they occur so that you can track the impact on your life.

Damages

Some costs can be printed on a receipt and then added to a neat figure is created. Other costs aren't easily quantifiable. These intangible losses can be addressed by general compensatory damages.

Stress, for instance isn't a price that can be printed out but you may be able to get compensation for the negative impact on your life that your injuries had. This could include anxiety, fear and post-traumatic stress disorder. You may be compensated for the loss of enjoyment when your injury has prevented you from enjoying activities that you used to before.

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

In some cases the court can make exemplary damages. These damages are meant to punish the defendants for serious violations, like defamation. An experienced attorney can advise you on whether exemplary damages might apply in your particular situation.