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What Is an Injury Claim? A claim for compensation is a request to anyone who has injured you to seek financial compensation. This usually happens 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 related to your injury, including medical bills and repair costs. General damages are harder to quantify and include things like pain and suffering. Medical Treatment A claim for injury is insufficient without medical treatment. Workers injured in an accident must get the medical care they require to treat their injuries and be able to prove that someone else was negligent. It's also a means to determine the amount that the accountable party owes in damages. California workers insurance law provides you with the right to receive medical attention that is appropriate to treat or ease the symptoms of 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 could use a multiplier to determine the appropriate range of your damages. However, if you have had gaps in your treatment or if your physical therapy account for a significant portion of your expenses an insurance adjuster could consider your injuries not as severe as you claim. There are numerous legitimate reasons for why a gap in your care may exist. Transportation issues, family issues and other circumstances that are unavoidable can hinder your ability to attend a doctor's appointment. A seasoned personal injury lawyer will be able to collect evidence to prove that a gap in treatment was the result of circumstances beyond your control. Lost Wages The loss of income as a result of injuries resulting from a car crash is a separate type of economic loss that can be recovered through an injury claim or lawsuit. It is also known as lost earnings or lost wages, and could be among the most significant losses suffered by the victims of their injury. Lost wages can be devastating to an injured victim, and are often difficult for injured victims to manage. Individuals who work full-time, or even those with hourly pay can quickly lose a significant amount of money when they have to miss work due to injury. In addition to the expense of not working an injured worker could lose out on company perks like gym memberships, use of a company-loaned car and other benefits. In certain instances, the injuries that result from a car crash are so severe that the person injured is unable to return to work. They could also lose their capacity to perform their job due to physical and emotional trauma. In this case the client could be entitled to future lost wages or lost earning capacity in addition to their damages. In the majority of cases, in order to receive reimbursement for lost wages as a result of an accident, it is important to have proof of the amount of time lost from work. This can include paystubs, the records 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 length of time a victim has to be off work in order to recover is important as well. Pain & Suffering Pain and suffering is among the most difficult damages to prove. It includes any discomfort, pain or emotional trauma that is caused by an injury. injury law firm lakewood covers any loss of enjoyment or disfigurement resulting from the injury. Your lawyer will be able to 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 type of information is more persuasive to a juror than bills and receipts. There are various methods to calculate damages for pain and suffering, including the multiplier and per diem methods. With the multiplier method, your actual economic losses are added up and then multiplied by a number between 1.5 and five, based on how severe your injuries are. You could also be able to seek non-economic damages, such as loss of consortium as well as physical impairment and disfigurement. Physical impairment refers any limitation you may have in your daily activities because of the injury. Disfigurement may be awarded when the accident causes permanent injury or scarring. In contrast to special damages that can be proved by receipts and bills the pain and suffering damages are more subjective and difficult to quantify. That's why it is important to keep the track of your injuries and discomfort when they happen so that you can track the impact on your life. Damages Some expenses can be printed on a receipt and added up until a nice figure is produced. Other costs aren't easily quantifiable. These intangible losses can be addressed by general compensatory damages. You may be able recover compensation for emotional distress that you have experienced, for example, the effect your injuries have affected your life. This can include anxiety, fear and post-traumatic stress disorder. You may also receive compensation for the lack of enjoyment if your injury has prevented you from enjoying activities that you were able to enjoy before. Special damages are compensation for expenses resulted from your injury or illness. They may include travel costs to and from the hospital prescriptions and treatment costs in addition to home adaptations and other care requirements. You may also claim lost future earnings in the event that your injury, or illness prevents a return to the same job. In certain situations, a court may make exemplary damages. They are intended to penalize the defendant for particularly sever behavior, such as a case of defamation. An experienced lawyer can assist you in determining if the exemplary damages can be used in your case.