What Is an Injury Claim?
An injury claim is a demand for monetary compensation from a person who caused you harm. This usually happens outside of court and your lawyer handles all communications with the defendant and his insurance company.
Special damages are easy to calculate and can include costs that relate to your injury, like medical bills, repair bills and lost wages. General damages can be more difficult to calculate and can include things such as pain and suffering.
Medical Treatment
Medical treatment is an important aspect of any injury claim. Workers injured need the medical treatment they require to treat their injuries and demonstrate that they suffered injury because of negligence of another party. This is also a good method of determining what damages the responsible party has to pay.
According to California workers' compensation laws, you are entitled to medical care that is necessary to treat or alleviate work-related injuries and illnesses. 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 insurance adjuster will take into account your medical expenses to determine how serious your injuries were. They might use a multiplier to determine the right range for your damages. But, if you've experienced a lack of treatment or your physical therapy accounts for a large portion of your bills an insurance adjuster could consider your injuries not being as severe as you claim.
There are many valid reasons why a gap in your care may exist. Family issues, transportation problems and other unavoidable situations can hinder your ability to attend an appointment with a physician. An experienced personal
injury attorney should be able to gather evidence to show that a delay in treatment was caused by a circumstance that was beyond your control.
Lost Wages
The loss of income caused by injuries sustained in a car accident is a different kind of economic damage that can be recouped through an injury claim or lawsuit. This is also known as lost earnings or lost wages and could be among the most significant losses suffered by victims as a result their injury.
The loss of wages could be a devastating blow to an injured victim. It is often difficult to manage. If injured and paid on a full-time or hourly basis can suffer a loss of a considerable amount. In addition to losing on the benefit of not working injured workers could also be denied other company benefits like gym memberships, company-loaned cars, and other perks.
In certain instances, injuries from a car accident may be so severe that the victim is unable to return back to work, or lose the ability to perform their job duties due to physical and emotional trauma. In such a case, the client may be entitled to future lost wages or earning capacity, in addition to the damages.
In order to receive compensation for wages lost due to an accident, you will need to provide proof of the time you missed at work. This could be in the form of paystubs, employment records, profit-and-loss statements and tax documents. A doctor's note or disability slip describing the injuries sustained as well as the length of time a victim is off work to recuperate is required as well.
Pain & Suffering
Pain and suffering is among the most difficult damages to prove. This includes any pain, discomfort or emotional trauma caused by an
injury. It also covers any loss of enjoyment in life or disfigurement that results from it.
Your lawyer can help you determine the value of your case by providing an accurate and objective analysis of the way your injuries impact your daily life. This information is usually more persuasive to a juror than receipts and bills.
There are a variety of ways to determine the amount of pain and suffering including the multiplier method and the per diem method. The multiplier method is where your actual economic losses are calculated and then multiplied with a number that ranges from 1.5 and five based on how serious your injuries are.
Other non-economic damages you might be legally able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship) physical impairment, disfigurement. Physical impairment refers to any limitation that you are able to experience in your daily activities as a result of the injury. Disfigurement is a possible award when the accident causes permanent injury or scarring.
Unlike special damages that can be proved by receipts and bills for pain and suffering, these damages are more subjective and difficult to quantify. This is why it is crucial to keep the 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 and added up until an attractive figure is generated. Other costs are not easily quantifiable. These intangible losses can be addressed by general compensatory damages.
Emotional distress, for example isn't a price that can be printed out, but you may be able to claim compensation for the negative impact on your life that your injuries have caused. This may be a result of anxiety, fear and post-traumatic disorder. You may also be compensated for the lack of enjoyment when your injury has prevented you from taking part in the 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. This can include the cost of travel to and from the hospital as well as prescriptions, treatment home adaptations, and care. You can also claim for lost future earnings if your injury or illness is preventing you from returning to the same job.
In certain circumstances the court can award exemplary damage. These are designed to punish the defendant for particularly serious behavior, like the defamation case. A lawyer with experience will help you determine if the exemplary damages can be used in your case.