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What Is an Injury Claim An injury claim is a request for monetary compensation from a person who caused you harm This is typically done out of Court Your attorney handles all communications with the defendant and their insurance company Special damages are easytocalculate and include all costs that are related to your injury such as medical bills and repair costs General damages can be more difficult to calculate and may include things such as pain and suffering Medical Treatment A claim for injury is insufficient without medical treatment Workers injured in an accident must get the medical treatment they require to treat their injuries and also prove that someone else was negligent This is also a great method to determine the amount of damages the responsible party must pay California workers compensation law grants you the right to receive medical care that is appropriate to treat or treat the effects of injuries and illnesses arising from your job The doctors who provide that care must follow guidelines that are based on scientificallysupported medical treatments In calculating your pain and suffering an insurance adjuster will take into account your medical expenses to determine the severity of your injuries They could use a multiplier to determine the amount of damage But if youve suffered from a lack of attention or your physical therapy accounts for a large percentage of your costs the insurance adjuster may consider your injuries to be not as severe as you claim There are a myriad of reasons why a gap may be present in your treatment It could be that you are unable to attend a doctors appointment due to family issues transportation issues or other unavoidable situations An experienced personal injury attorney should be able to gather evidence to show that the gap in treatment was due to an event that was out of your control Lost Wages The loss of income caused by injuries in a car accident is a different type of economic loss that can be recouped through an injury claim or lawsuit This is also referred to as lost earnings or lost wages and can be among the most significant losses suffered by victims due to their injuries Lost wages can be a major blow to an injured victim and can be difficult for the victim to manage Workers who are fulltime or even those who earn hourly pay can easily lose substantial amounts of money when they must take time off of work due to an injury In addition to the cost of working a few hours less an injured worker could be denied benefits offered by their employers such as gym memberships use of a companyloaned vehicle and other benefits In some cases the injuries from a car accident may be so severe that the victim is unable to return back to work or are unable to perform their job due to physical and emotional trauma In this situation the victim could be entitled to a reimbursement of any future lost wages or even loss of earning capacity as part of their damages In the majority of cases to get a reimbursement for lost wages incurred as due to an accident it is essential to provide proof of the time that you were absent from work Paystubs employment documents and tax documents are all acceptable It is also important to have a doctors certificate or a disability slip from the employer that outlines the injury and the length of time the person has to be out of work in order to heal Pain Suffering It is hard to prove pain and suffering This includes any discomfort pain or emotional trauma caused by an injury It also covers any loss of enjoyment in life or disfigurement as a result Your lawyer can help you determine the amount your claim may be worth through an objective analysis 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 many ways to determine the amount of pain and suffering such as the multiplier method and the per diem method The multiplier method is where your actual economic losses are summed and then multiplied by a number ranging from 15 and five depending on how serious your injuries are injury lawyer plymouth economic damages that you could be legally able to pursue include loss of consortium money that compensates your spouse for the loss of companionship as well as physical impairment and disfigurement Physical impairment refers to any limitations that you are able to experience in your daily activities because of the injury Disfigurement is a possible award when the accident causes permanent scarring or damage In contrast to specific damages that can be proven by receipts and bills pain and suffering damages are more subjective and difficult to quantify It is important to document your injuries and discomfort so you can prove the impact they had on your life Damages There are some costs that can be printed on a receipt and tacked up to a neat figure as well as other costs that arent easily quantifiable These intangible losses are dealt with by general compensatory damages Depression for instance isnt a expense that can be printed but you may be able to claim compensation for the negative impact on your life that your injuries have caused This may include anxiety fear and posttraumatic stress disorder You may be compensated for the loss of enjoyment of life when your injury has prevented you from enjoying activities that you previously enjoyed before Special damages are monetary compensation for expenses youve incurred as a result of your illness or injury This could include the cost of traveling to and from the hospital and prescriptions treatment home adaptations and care You may also be able to claim lost future earnings in the event that your illness or injury prevents you from returning to the same job In some cases the court may give exemplary damages These damages are meant to retaliate against defendants who have committed serious conduct such as defamation A lawyer who has experience can help you determine if you are entitled to exemplary damages in your case
