What Is an Injury Claim?

A claim for compensation is a request made to anyone who has injured you to seek an amount of money. The process is usually outside of Court, and your attorney handles all communications with the defendant and their insurance company.

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

Medical Treatment

A claim for injury is not complete without medical treatment. Workers injured need the medical attention they require to treat their injuries, and be able to establish that someone else was negligent. It's also a way to determine the amount that the responsible party is liable for damages.

According to California workers' compensation laws, you are entitled to medical care that is reasonable to cure or relieve from work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

In calculating your total pain and suffering an insurance adjuster will take into account your medical expenses to determine how serious your injuries were. They may use a multiplier to determine a suitable amount of your damages. But, if you've had gaps in your treatment or if your physical therapy account for a large percentage of your costs the insurance adjuster might consider your injuries to be not as severe as you claim.

There are numerous legitimate reasons for why a gap in your treatment may exist. It could be that you are unable to attend a doctor's appointment due to family issues, transportation issues or other situations that cannot be avoided. A experienced personal injury compensation lawyer can gather evidence that a delay in your treatment was caused by an unavoidable incident.

Lost Wages

Loss of income due to of injuries that result from a car accident is another financial loss which could be compensated by filing an injury lawsuit or claim. This is also referred to as lost earnings or lost wages, and can be one of most significant losses suffered by victims as a result of their injuries.

Loss of wages can be a devastating blow to the injured victim. It can be a challenge to handle. If injured and paid on a full-time or hourly basis can be unable to earn a substantial amount. In addition to losing out on the value of missed work hours, injured workers may also lose out on other company benefits like gym memberships, company-loaned vehicles and other perks.

In some cases, injuries caused by a crash can be so severe that the victim cannot return to work or they permanently are unable to perform their job duties because of emotional and physical trauma. In this situation the client could be entitled to future lost wages or lost earning capacity, in addition to the damages.

To be eligible for compensation for lost wages resulting from an accident, you will have to prove the time you were absent at work. This can include paystubs, documents of employment, profit and loss statements and tax documents. A doctor's note or disability slip that details the injuries sustained as well as the duration for which a person must be off work to recover is necessary in addition.

Pain & Suffering

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

Your lawyer will be able to help you determine the amount your claim could be worth by providing an objective assessment of your injuries and how they impact your daily routine. This is typically more convincing to jurors than bills and receipts.

There are a variety of methods to determine the amount of pain and suffering such as the multiplier method and the per diem method. With the multiplier method, your actual economic losses are added up and then multiplied by an amount between 1.5 and five, based on how severe your injuries are.

Other damages that you may not be able to economically be able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship) as well as physical impairment and disfigurement. Physical impairment is any limitation that you are able to experience in your daily activities because of the injury settlement. Disfigurement may be awarded if the accident results in permanent scarring or damage.

In contrast to specific damages that are able to be proven with receipts and bills the pain and suffering damages are more subjective and difficult to quantify. That's why it is important to keep an eye on your injuries and discomforts when they happen so that you can document the impact on your life.

Damages

Certain costs can be printed on a receipt and then added to a neat figure is created. Other costs are not easily quantifiable. General compensation damages are designed to address these intangible losses.

For instance, emotional distress, isn't a cost that can be printed however, you might be able to get compensation for the negative effect on your life that your injuries have caused. This could include anxiety, fear and post-traumatic stress disorder. You can be compensated for the loss of enjoyment in life in the event that your injury has stopped you from enjoying activities that you previously enjoyed before.

Special damages are monetary compensation for expenses you've incurred as the result of your illness or injury case. These can include the cost of traveling to and from the hospital, prescriptions, treatment, home modifications, and medical care. You may also claim lost future earnings in the event that an injury or illness prevents you from returning to the same job.

In certain circumstances, a judge may give an exemplary amount of damages. These are meant to penalize the defendant for especially serious conduct, such as a defamation case. A lawyer who has experience can assist you in determining whether exceptional damages are appropriate in your case.