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What Is an Injury Claim? An injury claim is a demand for financial compensation from someone who has caused you harm. The process is usually outside of Court. Your attorney handles all communications with the defendant and their insurance company. Special damages are easy to calculate and include any costs related to your injury such as medical bills, repair bills and lost wages. General damages are more difficult to quantify and include things like pain and suffering. Medical Treatment A claim for injury is incomplete without medical treatment. Workers injured in an accident must get the medical treatment they need to heal their injuries and prove that someone else was negligent. It's also a method to determine how much the responsible party is liable for damages. California workers insurance law provides you with the right to get medical treatment that is appropriate to treat or treat injuries and illnesses that are related to your job. The doctors who provide that care must follow guidelines that are based on scientifically-supported 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 might employ a multiplier to determine a suitable range of damages. But, if you've had gaps in your treatment or your physical therapy accounts for a significant portion of your bills an insurance adjuster could consider your injuries not as serious as you claim. There are a myriad of reasons why a gap may be present in your treatment. Family issues, transportation issues and other circumstances that are unavoidable can interfere with your ability to make an appointment with your doctor. A personal injury lawyer with years of experience can gather evidence that the delay in your treatment was due to an unavoidable circumstance. Lost Wages The loss of income due to injuries resulting from a car crash is a different type of economic loss that could be recouped through a personal injury claim or lawsuit. This is known as lost wages or loss of earnings, and it can be one of the largest losses victims experience because of their injury. Loss of wages can be a huge blow to an injured victim and are usually difficult for injured victims to manage. Those who work full-time or even those with hourly pay could quickly be unable to pay for large amounts when they have to leave work because of an injury. In addition to the value of not working injured workers may also be denied company perks like gym memberships or use of a loaned company vehicle, and other benefits. In some instances, the injuries sustained in 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 due to physical and emotional trauma. In this case the victim could be entitled to recover future lost wages or lost earning capacity as part of their compensation. In the majority of cases, in order to receive reimbursement for lost wages as caused by an accident, it is crucial to show proof of the amount of time you've missed from work. This could be in the form of paystubs, documents of employment, profit and loss statements and tax documents. A doctor's note or disability slip that describes the injuries sustained and the amount of time the victim must be off work to recover is necessary as well. Pain & Suffering It is difficult to prove pain and suffering. It includes any pain, discomfort, inconvenience or emotional trauma caused by an accident. It also covers any loss of enjoyment in life or disfigurement as a result. Your lawyer can assist you determine the value of your claim by providing an accurate and objective analysis of how your injuries affect your daily life. This type of information is more convincing to jurors than bills and receipts. There are a variety of 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 number ranging from 1.5 to five, based on the extent of your injuries. Other non-economic damages you might be able to pursue include loss of consortium (money that compensates your spouse for their lost companionship) physical impairment, disfigurement. Physical impairment refers to any limitations that you might have in performing your daily activities due to the injury, while disfigurement can be awarded for any scarring or permanent damage that result from the accident. Damages for pain and suffering unlike other damages, are subjective and hard to quantify. It is important to document your injuries and discomfort so that you can prove their impact on your life. Damages Some costs can be printed on a receipt and added up until an attractive figure is generated. Other costs are not easily quantifiable. General compensatory damages deal with these intangible losses. You may be eligible to claim compensation for emotional distress that you have experienced, for example, the effect your injuries have had on your life. This could include anxiety, fear or post-traumatic disorder. injury attorney tempe is also possible to receive compensation for the loss of enjoyment in your life after an injury has stopped you from enjoying the activities you used to do before. Special damages are financial compensation for expenses you've incurred as the result of your illness or injury. This could include the cost of traveling to and from the hospital and prescriptions, treatment, adjustments to your home, and health care. 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 situations, a court may award an exemplary amount of damages. These damages are meant to retaliate against defendants who have committed serious misconduct, such as defamation. A lawyer with experience will help you determine if exemplary damages are applicable in your particular situation.