What Is an Injury Claim?

An injury attorney claim is a request for financial compensation from someone who caused you harm. This process is usually done outside of court and your attorney handles all communications with the defendant and their insurance company.

Special damages are easy to calculate and include expenses related to your injury compensation, like medical bills, repair costs and lost wages. General damages are more difficult to calculate, and may include things such as pain and suffering.

Medical Treatment

A claim for injury is incomplete without medical treatment. Workers injured need the necessary medical care to treat their injuries and prove that they were harmed because of the negligence of someone else. This is also a great method of determining what damages the responsible party must pay.

California workers' compensation law gives you the right to receive medical treatment that is appropriate to treat or alleviate injuries and illnesses that are related to your work. 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 adjuster for insurance will take into account your medical expenses to determine how serious your injuries were. They may use a multiplier to determine the proper range of damages. If you've suffered from a lack of attention or if your physical therapy account for a large proportion of your expenses an insurance adjuster could view your injuries as not as severe as you claim.

There are a variety of valid reasons why gaps could exist in your treatment. Family issues, transportation issues and other unavoidable circumstances can hinder your ability to make a doctor's appointment. A experienced personal injury lawyer will be able to gather evidence that a delay in your treatment was due to an unavoidable circumstance.

Lost Wages

Loss of income resulting of injuries sustained in a car crash is a further economic repercussion which can be recouped by filing an injury lawsuit or claim. It is also known as lost earnings or lost wages, and could be among the most significant losses suffered by the victims of their injuries.

Loss of wages can be a devastating blow to an injured victim. It is often difficult to handle. If you are injured, those who are 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 the injured worker could also lose out on other benefits provided by their employers, Injury lawyer like gym memberships, company-loaned vehicles, and other perks.

In some instances, the injuries suffered in a car accident are so severe that the victim is unable to return to work. They may also lose their ability to carry out their job because of emotional and physical trauma. In this situation the victim could be entitled to a reimbursement of future lost wages or lost earning capacity as a part of their damages.

In most cases, in order to be reimbursed for lost wages incurred as caused by an accident, it is essential to provide proof of the amount of time missed from work. Paystubs, employment records and tax documents are all acceptable. It is also essential to have a doctor's note or a disability certificate from the employer that details the injuries and the time the patient must be off work in order to recuperate.

Pain & Suffering

The suffering and pain of others is one of the most difficult damages to prove. It includes any pain, discomfort, inconvenience or emotional trauma caused by an injury. It also includes the loss of enjoyment and any disfigurement or injury that could have occurred as a result of the accident.

Your lawyer can help you understand how much your claim could be worth through an objective assessment of your injuries and how they affect your daily routine. This is typically more persuasive to a juror than receipts and bills.

There are various ways to calculate damages for pain and suffering, including the multiplier and per diem methods. The multiplier method is where your actual economic losses are calculated and then multiplied by a number ranging from 1.5 and five depending on how severe your injuries are.

Other non-economic damages you might be eligible 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 due to the injury. Disfigurement can be awarded when the accident causes permanent damage or scarring.

As opposed to the specific damages that can be proved by receipts and bills the pain and suffering damages are more subjective and difficult to quantify. This is why it's important to keep track of your injuries and discomforts when they happen so that you can document the effect on your life.

Damages

Some costs can be printed on receipts, added up and a neat figure is created. Other costs aren't easily quantifiable. General compensatory damages address these intangible losses.

Stress, for instance isn't a price that can be printed but you may be able to claim compensation for the negative impact on your life that your injuries had. This can include anxiety, fear and post-traumatic stress disorder. You can also receive compensation for the loss of enjoyment in life when your injury settlement has prevented you from participating in activities you were able to enjoy before.

Special damages are a form of compensation for the costs resulted from your injury legal or illness. They can cover 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 an injury or illness prevents a return to the same job.

In certain situations the court could make exemplary damages. These are a way to punish the defendant for especially serious behavior, such as a defamation case. An experienced attorney can guide you on whether or not exceptional damages are appropriate in your situation.