What Is an Injury Claim?

An injury claim is a demand for injury financial compensation from a person who caused you harm. It is usually handled in a non-judiciary setting and your lawyer handles all communication with both the defendant and his insurance company.

Special damages are easy-to-calculate and include all costs relating to the injury lawyer, such as medical bills and repair costs. General damages can be more difficult to calculate and can include things like pain and suffering.

Medical Treatment

Medical treatment is an important aspect of any injury (Suggested Reading) claim. Workers who have been injured must receive the medical attention they require to treat their injuries and demonstrate that they suffered harm because of the negligence of someone else. It's also a way to determine how much the accountable party owes in damages.

California workers insurance law provides you with the right to get medical treatment which is reasonable to treat or ease the symptoms of injuries and illnesses related to your job. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

In calculating your total pain and suffering, the insurance adjuster will examine your medical bills to see how serious your injuries were. They could use a multiplier to determine the proper amount of your damages. If you've had gaps in your treatment or your physical therapy accounts for a significant portion of your expenses the adjuster from your insurance company may consider your injuries to be not as serious as you claim.

There are a variety of valid reasons why a gap may be present in your treatment. You might not be able attend a doctor's appointment due to family issues, injury transportation problems or other unavoidable situations. A lawyer who has experience in personal injury will be able to gather evidence that a delay in your treatment was due to an unavoidable situation.

Lost Wages

The loss of income as a result of injuries resulting from a car crash is a separate type of economic damage that can be recovered through personal injury claims or lawsuit. This is referred to as lost wages or loss of earnings, and it can be one of the most significant losses victims experience due to their injuries.

Lost wages can be a major blow to the injured victim and are often difficult for a victim to manage. Those who work full-time or even those who receive hourly wages can lose large amounts of money when they have to leave work due to injuries. In addition to losing on the value of missed work hours injured workers could be unable to access other benefits offered by the company, such as gym memberships and company-loaned vehicles, and other perks.

In some instances, the injuries that result from a car crash are so that the victim is not able to return to work. They may also permanently lose their ability to perform their job because of emotional and physical trauma. In such a situation the client could be entitled to future lost wages or earning capacity, in addition to their damages.

To receive compensation for lost wages resulting from an accident, you'll have to prove the time that was missed at work. This can include paystubs, documents of employment, profit and loss statements and tax documents. It is also necessary to have a doctor's note or a disability form from the employer that details the extent of the injuries and how long the person has to be off work to be able to recover.

Pain & Suffering

The suffering and pain of others is one of the most difficult damages to prove. It covers any pain, discomfort, inconvenience or emotional trauma caused by an accident. It also covers any loss of enjoyment in life or disfigurement caused by the injury.

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 kind of information is typically more compelling to a jury than receipts and bills.

There are different ways to calculate damages for suffering and pain, including the multiplier and per diem methods. The multiplier method is where your actual economic losses are added up and then multiplied with a number that ranges from 1.5 and five based on how severe your injuries are.

Other non-economic damages you may be able to pursue include loss of consortium (money that compensates your spouse for their lost companionship), physical impairment and disfigurement. Physical impairment refers to any limitations that you might face in carrying out your daily activities due to the injury, while disfigurement could be awarded for any permanent or lasting damage that results from the accident.

Unlike special damages that can be proved with receipts and bills for pain and suffering, these damages are more subjective and difficult to quantify. That's why it is important to keep an eye on your injuries and discomfort when they occur, so that you can document the effect on your life.

Damages

There are some costs that can be printed on receipts and added to create a precise figure in addition to other costs that aren't easily quantifiable. General compensatory damages cover these intangible losses.

Depression, for instance isn't a price that can be printed out but you may be able recover compensation for the negative impact on your life that your injuries caused. This could include anxiety, fear and post-traumatic disorder. You can also be compensated for the loss of enjoyment If your injury prevented you from participating in activities you were able to enjoy before.

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

In certain situations, a judge may make exceptional damages. These damages are meant to punish defendants for serious misconduct, such as defamation. A lawyer with experience will assist you in determining whether you are entitled to exemplary damages in your particular situation.