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What Is an Injury Claim A claim for compensation is a demand to someone who has injured you for the payment of monetary compensation The process is usually outside of court and your lawyer handles all communications with the defendant as well as his insurance company Special damages are simple to calculate and can include expenses related to your injury such as medical bills repair bills and lost wages General damages are more difficult to calculate and may include things such as pain and suffering Medical Treatment Medical treatment is a crucial component of any injury lawsuit Workers who have been injured must receive the medical treatment they need to treat their injuries and be able to establish that someone else was negligent This is also a good method to determine the amount of damages the responsible party must pay According to California workers compensation laws you are entitled to medical care that is reasonably necessary for the treatment or relief of ailments and injuries caused by work The doctors who provide that care must follow guidelines that are based on scientificallysupported medical treatments The insurance adjuster will consider medical bills as a way to determine the severity of your injuries in calculating your total suffering They may use a multiplyer to calculate your damages If youre not getting the most from your treatment or if the physical therapy you receive is an important part of your expense the adjuster may not consider your injuries to be as serious as you claim There are numerous legitimate reasons that a gap in your treatment could exist Family issues transportation problems and other unavoidable circumstances can hinder the ability of you to make an appointment with your doctor A seasoned personal injury lawyer will be able to collect evidence to show that a delay in treatment was caused by an event that was out of your control Lost Wages Loss of income resulting 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 referred to as lost earnings or lost wages and could be among the most significant losses suffered by victims due to their injuries The loss of wages could be a devastating blow to the injured victim It can be a challenge to manage If you are injured or ill those who are paid hourly or fulltime can suffer a loss of a considerable amount In addition to losing on the value of missed work hours the injured worker could also lose other benefits of the company like gym memberships companyloaned cars and other perks In certain instances injuries caused by a car accident could be so severe that a victim is unable to return to work or they permanently become unable to carry out their job due to physical and emotional trauma In this instance the client may be entitled to recover future lost wages or loss of earning capacity as part of their damages In the majority of cases to be reimbursed for lost wages incurred as a result of an accident it is essential to provide proof of the amount of time lost from work Paystubs employment records and tax documents are all acceptable A doctors note or disability slip that describes the injuries sustained and the duration for which a person must be off work to recover is essential in addition Pain Suffering The suffering and pain of others is one of the most difficult damages to prove It is the term used to describe any pain discomfort inconvenience or emotional trauma that is caused by an injury It also covers the loss of enjoyment and any disfigurement that could have occurred as a result of the accident Your lawyer will be able to help you determine how much your claim is likely to be worth by providing an objective assessment of your injuries and how they impact your daily routine This kind of information is typically more compelling to a jury than bills and receipts There are a variety of methods to calculate pain and suffering damages such as the multiplier method and the per diem method The multiplier method is where your actual economic losses are added up and then multiplied with a number that ranges from 15 and five based on how severe your injuries are Other damages that you may not be able to economically be legally able to pursue include loss of consortium money that compensates your spouse for their loss of companionship physical impairment and disfigurement Physical impairment refers any limitation you may have in your daily activities as a result of the injury Disfigurement can be awarded when the accident causes permanent injury or scarring Injuries and pain in contrast to other damages are subjective and hard to quantify It is essential to record your injuries and discomfort so you can prove the impact they had on your life Damages Some expenses can be printed on a receipt added up and an attractive figure is generated Other costs are not easily quantifiable General compensatory damages address these intangible losses You may be able to recover compensation for emotional distress such as the impact your injuries have affected your life This could include fear anxiety and posttraumatic stress disorder You may also receive compensation for the loss of enjoyment in life in the event that your injury has stopped you from enjoying activities that you previously enjoyed before Special damages are monetary compensation for expenses youve incurred as a result of your injury or illness injury attorney arkansas may include travel costs to and from hospital prescriptions and treatment expenses as well as home adaptations and medical needs You can also claim loss of future earnings in the case that your injury or illness prevents a return to the same job In certain circumstances the court can give exemplary damages These damages are meant to retaliate against defendants who have committed serious misconduct such as defamation An experienced lawyer can advise you on whether or not extraordinary damages may be appropriate in your particular case
