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What Is an Injury Claim A claim for compensation is an application to anyone who has injured you for the payment of monetary compensation This is usually done in a nonjudiciary setting and your lawyer handles all communications with the defendant as well as his insurance company Special damages are simple to calculate and include all costs relating to your injury such as medical bills and repair costs General damages are more difficult to calculate and may include things like pain and suffering Medical Treatment Medical treatment is a crucial element of any injury claim Workers who have been injured must receive the required medical care needed to treat their injuries and prove that they were injured as a result of the negligence of someone else Its also a means to determine how much the responsible party owes in damages According to California workers insurance laws you are entitled to medical care that is necessary to treat or relieve workrelated injuries and illnesses The doctors who provide that care must follow guidelines that are based on scientificallysupported medical treatments When calculating your total pain and suffering an insurance adjuster will examine your medical bills to see how serious your injuries were They may employ a multiplier to determine the amount of damage If youre suffering from gaps in your treatment or if the physical therapy you receive is major portion of your expenses the adjuster might not view your injuries as serious as you claim There are a variety of legitimate reasons that an inconsistency in your treatment could be present You might not be able attend a doctors visit due to family issues transportation issues or other circumstances that are unavoidable A experienced personal injury lawyer can gather evidence that a gap in your treatment was caused by an unavoidable event Lost Wages Loss of income as a result of injuries that result from a car accident is another financial loss that may be recovered by filing an injury lawsuit or claim This is known as lost wages or loss of earnings and it can be one of the largest losses victims suffer as a result of their injuries Loss of income can be a devastating blow for an injured victim It is often difficult to handle When injured or ill those who are paid on a fulltime or hourly basis can suffer a loss of a considerable amount In addition to the expense of working a few hours less the injured may be denied company perks such as gym memberships use of a loaned company vehicle and other benefits In some instances the injuries caused by a car accident are so that the victim is not able to return to work They could also lose their ability to carry out their job because of emotional and physical trauma In this scenario the client could be entitled to compensation for any future lost wages or even loss of earning capacity as part of their damages To be eligible for compensation for lost wages resulting from an accident you will have to prove the time you were absent at work injury lawsuit warren can include paystubs the records of employment profit and loss statements and tax documents It is also important to have a doctors note or a disability slip from the employer which details the injuries and the time the victim must be off work to be able to recover Pain Suffering The suffering and pain of others is one of the most difficult damages to prove It covers any pain discomfort or emotional trauma caused by an injury It also covers the loss of enjoyment and any disfigurement or injury that could have occurred as a result of the accident Your lawyer can assist you determine the value of your claim giving a thorough objective assessment of the way your injuries impact your daily life This is usually more convincing to jurors than receipts and bills There are many methods to calculate damages for suffering and pain including the multiplier and perdiem methods The multiplier method is where your actual economic losses are summed and then multiplied with a number that ranges from 15 and five based on how severe your injuries are You may also be able seek noneconomic damages such as loss of consortium physical impairment loss of consortium and disfigurement Physical impairment refers any limitation that you experience in your daily activities because of the injury Disfigurement is a possible award when the accident causes permanent damage or scarring Unlike special damages that are able to be proven by receipts and bills for pain and suffering these damages are more subjective and difficult to quantify It is essential to record your injuries and discomfort so that you can prove the impact they had on your life Damages There are costs that could be printed on a receipt and added to create a precise figure and there are other costs that arent easily quantifiable These intangible losses are dealt with by general compensatory damages Depression for instance isnt a cost that can be printed but you may be able recover compensation for the negative impact on your life that your injuries caused This may include anxiety fear or posttraumatic disorder You can also receive compensation for the loss of enjoyment in life in the event that an injury has impeded you to enjoy activities you used to do before Special damages are monetary compensation for costs youve had to pay as a result of your injury or illness They could include travel to and from the hospital prescriptions treatment and medication costs in addition to home adaptations and other care needs You may also be able to claim lost future earnings in the case that your injury or illness prevents a return to the same job In certain cases the court can give the court with exemplary damages These damages are meant to punish defendants for serious misconduct such as defamation An experienced attorney can advise you on whether the exemplary damages could be applicable in your situation
