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What Is an Injury Claim? A claim for compensation is an application to someone who has injured you for an amount of money. This is usually done outside of court, and your lawyer handles all communications with both the defendant and his insurance company. Special damages are simple to calculate and include all expenses related to your injury, including medical bills and repair bills. General damages are harder to quantify and include things such as pain and suffering. Medical Treatment A claim for injury is not complete without medical treatment. Injured workers must get the necessary medical care to take care of their injuries and prove that they suffered injury as a result of negligence by someone else. It's also a way to establish how much the accountable party owes in damages. Under California workers insurance laws, you are entitled to medical care that is reasonably required to cure or relieve ailments and injuries caused by work. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. When calculating your total amount of pain and suffering the insurance adjuster will consider your medical bills to see the severity of your injuries. They could use a multiplier to determine the appropriate range for your damages. However, if you have suffered from a lack of attention or your physical therapy accounts for a large percentage of your bills an insurance adjuster could consider your injuries not as serious as you claim. There are a myriad of reasons why gaps could exist in your treatment. You might not be able to attend a doctor's appointment due to family issues, transportation issues or other unavoidable situations. A lawyer who has experience in personal injury should be able gather evidence that the delay in your treatment was caused by an unavoidable circumstance. Lost Wages The loss of income as a result of injuries sustained in a car accident is a different type of economic damage that can be recouped through an individual injury claim or lawsuit. It is also known as lost earnings or lost wages and could be among the most significant losses suffered by victims as a result of their injury. Lost wages can be a major blow to the injured victim and can be difficult for injured victims to manage. In the event of an injury, those who are paid on a regular basis or full-time may lose a lot of money. In addition to the cost of working a few hours less an injured worker could be denied company perks like gym memberships, the use of a company-loaned car and other benefits. In some instances, the injuries from a car accident may be so severe that the victim is unable return to work or lose the ability to perform their job duties because of emotional and physical trauma. In this situation the client could be entitled to compensation for any future lost wages, or even lost earning capacity as part of their damages. In most cases, in order to get a reimbursement for lost wages as caused by an accident, it is essential to prove the amount of time missed from work. This could include pay stubs, employment records, profit-and-loss statements and tax documents. It is also necessary to have a doctor's note or a disability slip from the employer that details the injury and the length of time the person has to be off work in order to heal. Pain & Suffering It is difficult to prove pain and suffering. This includes any pain, discomfort or emotional trauma caused by an injury. It also includes loss of enjoyment of life and any disfigurement which may be the result of the accident. Your lawyer can assist you determine the value of your case by giving a thorough, objective assessment of how your injuries affect your daily life. This information is usually more convincing to jurors than bills and receipts. There are various methods of calculating damages for pain and suffering, such as the multiplier and per diem methods. The multiplier method involves adding up your economic losses and multiplying them by a number that ranges from 1.5 to five, based on the extent of your injuries. 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 to any limitations you might face in carrying out your normal daily activities due to the injury, while disfigurement can be awarded for any permanent or recurring damage caused by the accident. injury law firm lauderhill and pain unlike other damages, are subjective and hard to quantify. This is why it is crucial to keep track of your injuries and discomforts when they occur, so that you can document the effect on your life. Damages There are expenses that can be printed out on a receipt, and then added up to a neat figure, and there are other costs that aren't quantifiable. General compensatory damages address these intangible losses. You may be able recover compensation for emotional stress that you have experienced, for example, the effect your injuries have had on your life. This may include anxiety, fear and post-traumatic stress disorder. You can also receive compensation for the loss of enjoyment in your life when an injury has made it impossible for you from engaging in activities that you enjoyed prior to. Special damages are a form of compensation for the costs caused by your injury or illness. They could include the cost of traveling to and from the hospital and prescriptions, treatment, home adaptations, and treatment. You may also be able to claim lost future earnings if your injury or illness is preventing you from returning to the same job. In certain circumstances the court could decide to award exemplary damages. These damages are designed to penalize defendants for serious violations, like defamation. A knowledgeable attorney can advise you on whether or not extraordinary damages may be appropriate in your particular situation.