What Is an Injury Claim?
A claim for compensation is a request to someone who has injured you to seek the payment of monetary compensation. This process is usually done outside of Court and your attorney handles all communication with the defendant and their insurance company.
Special damages are easy to calculate and can include costs related to your injury, like medical bills, repair bills and lost wages. General damages are harder to quantify and include things such as pain and suffering.
Medical Treatment
Medical treatment is a crucial element of any injury claim. Workers who are injured must receive the necessary medical care to manage their injuries and show that they suffered harm due to negligence by someone else. This is also a great method of determining what damages the accountable party must pay.
Under California workers' compensation laws, you have the right to medical treatment that is reasonable to cure or relieve the effects of work-related injuries or illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.
The insurance adjuster will utilize medical bills as a method to determine the severity of your injuries when calculating your total suffering. They may use a multiplyer to determine the amount of damage. However, if you've had gaps in your treatment or your physical therapy account for a significant portion of your bills, the insurance adjuster may consider your injuries not as serious as you claim.
There are numerous valid reasons why gaps could be present in your treatment. Family issues, transportation problems and other unavoidable circumstances can hinder the ability of you to make an appointment with a doctor. A experienced personal
injury lawyer can gather evidence that the delay in your treatment was caused by an unavoidable event.
Lost Wages
Loss of income due to of injuries suffered in a car crash is another financial loss which can be recouped by filing an injury lawsuit or claim. This is also known as lost earnings or lost wages and is among the most significant losses suffered by victims as a result their injury.
Lost wages can be a huge blow to an injured victim and are often difficult for the victim to manage. If injured or ill, those who are employed on a full or hourly basis could lose a significant amount of money. In addition to losing out on the benefits of missing work hours employees who are injured may also be denied other company benefits like gym memberships, company-loaned cars and other benefits.
In some cases, the injuries that result from a car crash are so severe that the victim is not able to return to work. They could also permanently lose their ability to carry out their job because of emotional and physical trauma. In this case the client could be entitled to recover the future loss of wages or even loss of earning capacity as part of their compensation.
To be eligible for compensation for wages lost due to an accident, you will need to provide proof of the time you were absent at work. This may include paystubs employment records, profit-and-loss statements and tax documents. It is also essential to have a doctor's certificate or a disability form from the employer, which details the injury and the length of time the victim must be off work in order to heal.
Pain & Suffering
It is difficult to prove the existence of pain and suffering. It covers any pain, discomfort or emotional trauma caused by injury. It also covers loss of enjoyment of life and any disfigurement that could be the result of the accident.
A lawyer can help you determine the value of your claim by providing a detailed objective analysis of the way your injuries impact your daily life. This information is typically more persuasive to jurors than bills and receipts.
There are several ways to calculate pain and suffering damages including the multiplier method and the per diem method. The multiplier method involves accumulating your economic losses and multiplying them by a figure ranging from 1.5 to five, depending on the severity of your injuries.
There is also the possibility to pursue non-economic damages such loss of consortium as well as physical impairment and disfigurement. Physical impairment is any limitation you might experience in your daily activities due to the injury. Disfigurement may be awarded when the accident causes permanent damage or scarring.
Unlike special damages that can be proven with receipts and bills for pain and suffering, these damages are more subjective and difficult to quantify. It is important to document your
injuries and discomfort so you can prove their impact on your life.
Damages
Some expenses can be printed on a receipt which is then added together and an attractive figure is generated. Other costs are not easily quantifiable. General compensation damages are designed to address these intangible losses.
Depression, for instance isn't a price that can be printed but you may be able to claim compensation for the negative effect on your life that your injuries caused. This could include fear, anxiety and post-traumatic stress disorder. You can also receive compensation for the loss of enjoyment in your life after an injury has stopped you from engaging in activities that you used to do before.
Special damages are financial compensation for expenses you've incurred as the result of your injury or illness. These can include the cost of travel to and from the hospital as well as prescriptions, treatment home adaptations, and
injury lawyer care. You can also claim for
injury lawyer lost future earnings if your injury or illness hinders your return to the same job.
In certain circumstances the court could make an exemplary amount of damages. These damages are designed to penalize defendants for serious misconduct, such as defamation. An experienced attorney can guide you on whether the exemplary damages could be applicable in your case.