What Is an Injury Claim?

An injury lawyers claim is a request for financial reimbursement from the person who caused you harm. The process is usually 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 expenses related to your injury, such as medical bills, repair bills and lost wages. General damages are harder to quantify and include things such as pain and suffering.

Medical Treatment

Medical treatment is an essential aspect of any injury claim. Workers who have been injured must receive the required medical care needed to treat their injuries and prove that they suffered harm because of negligence by someone else. This is also a great method to determine the amount of damages the responsible party has to pay.

California workers compensation law grants you the right to receive medical treatment that is reasonable to cure or ease the symptoms of the effects of injuries and illnesses arising from your job. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

The insurance adjuster will consider medical bills as a way to determine the severity of your injuries when calculating the total amount of suffering. They could use a multiplier to determine the proper range for your damages. If you have gaps in your treatment or the physical therapy you receive is major portion of your expense an adjuster may not consider your injuries to be as serious as you claim.

There are numerous valid reasons why a gap may be present in your treatment. Family issues, transportation problems and other unavoidable situations can hinder your ability to schedule a doctor's appointment. A personal injury lawyer with years of experience is likely to be able to prove that the delay in your treatment was caused by an unavoidable situation.

Lost Wages

Loss of income due to of injuries sustained in a car crash is another financial loss which could be compensated by filing an injury lawsuit or claim. This is referred to as lost wages or loss of earnings and it is one of the most significant losses that victims experience as a result of their injuries.

Loss of wages can be a major blow to an injured victim and are often difficult for victims to manage. If injured, those who are employed on a full or hourly basis could suffer a loss of a considerable amount. In addition to the financial cost of missing work hours the injured may be denied benefits offered by their employers like gym memberships, the use of a company-loaned car and other benefits.

In some cases, the injuries from a car accident may be so severe that a victim is unable return to work, or become unable to carry out their job duties because of emotional and physical trauma. In this case the client could be entitled to future lost wages or lost earning capacity in addition to their losses.

To be eligible for compensation for wages lost due to an accident, you'll be required to prove the hours you didn't work at work. Paystubs, employment documents and tax documents are all acceptable. A doctor's note or disability slip that outlines the injuries sustained as well as the length of time that a victim must stay out of work to recover is necessary in addition.

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 includes the loss of enjoyment and any disfigurement which may be the result of the accident.

Your lawyer will be able to help you determine the amount your claim is likely to be worth by providing an objective assessment of your injuries and how they impact your daily routine. This type of information is more compelling to a jury than receipts and bills.

There are different methods of calculating damages for pain and suffering, including the multiplier and per-diem methods. The multiplier method involves totaling your economic losses, and then multiplying them by a number that ranges from 1.5 to five, based on the extent of your injuries.

Other non-economic damages you may be able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship), physical impairment and disfigurement. Physical impairment refers to any limitations that you are able to experience in your daily activities because of the injury. Disfigurement may be awarded when the accident causes permanent damage or scarring.

As opposed to the specific damages that can be proven by receipts and bills, pain and suffering damages are more subjective and difficult to quantify. This is the reason it's crucial to keep records of your injuries and injury lawyers discomfort as they occur so that you can document the effect on your life.

Damages

There are costs that could be printed on a receipt and tacked up to a tidy figure, and there are other costs that aren't easily quantifiable. These intangible losses can be addressed by general compensatory damages.

Depression, for instance isn't an expense that can be printed out but you may be able to get compensation for the negative impact on your life that your injuries caused. This could include anxiety, fear and post-traumatic disorder. You can also receive compensation for the loss of enjoyment in life after an injury has stopped you from engaging in activities that you used to do before.

Special damages are financial compensation for any costs you've incurred as a result of your illness or injury. This can include the cost of traveling to and from the hospital as well as prescriptions, treatment adjustments to your home, and health care. 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 cases the court might award exemplary damage. These damages are intended to penalize defendants for injuries serious misconduct, like defamation. A lawyer with experience will assist you in determining if exceptional damages are appropriate in your particular situation.