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What Is an Injury Claim? An injury claim is a request for financial reimbursement from the person who caused you harm. This usually happens outside of Court, and your attorney handles all communication with the defendant and their insurance company. Special damages are easy to calculate, and they include expenses that are related to your injury, like medical bills, repair costs and lost wages. General damages are more difficult to quantify and include things such as pain and suffering. Medical Treatment Medical treatment is a crucial aspect of any injury claim. Workers injured need the medical attention they require to treat their injuries, and also prove that someone else was negligent. It's also a method to determine the amount that the responsible party is liable for damages. California workers laws provide you with the right to receive medical attention that is appropriate to treat or relieve ailments and injuries that arise from your work. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. In calculating your pain and suffering the adjuster for insurance will take into account your medical expenses to determine the severity of your injuries. They may employ a multiplier to determine the amount of damage. But, if you've experienced a lack of treatment or your physical therapy accounts for a significant portion of your expenses the adjuster from your insurance company may consider your injuries to be not being as severe as you claim. There are a variety of valid reasons why gaps could exist in your treatment. Family issues, transportation problems and other unforeseen circumstances could interfere with your ability to make an appointment with a doctor. A experienced personal injury lawyer is likely to be able to prove that a delay in your treatment was caused by an unavoidable situation. Lost Wages The loss of income caused by injuries resulting from a car crash is another type of economic damage that can be recouped through a personal 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 due to their injury. Loss of wages can be a major blow to an injured victim and are often difficult for the victim to manage. Those who work full-time or even those who earn 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 expense of working a few hours less injured workers may also be denied benefits offered by their employers such as gym memberships, use of a vehicle loaned by the company and other benefits. In some instances, the injuries sustained in a car accident are so that the victim is unable to return to work. injury law firm montgomery could also permanently lose their ability to perform job duties because of emotional and physical trauma. In this case the client may be entitled to future lost wages or lost earning capacity as a part of their damages. In order to receive compensation for lost wages due to an accident, you'll need to provide proof of the time you were absent at work. Paystubs, employment documents and tax documents are all acceptable. It is also essential to have a doctor's certificate or a disability form from the employer that outlines the injury and the duration the patient must be off work to be able to recover. Pain & Suffering Pain and suffering is among the most difficult damages to prove. This encompasses any pain, discomfort 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 determine the worth of your claim by providing an in-depth, objective analysis of the way your injuries impact your daily life. This information is typically more convincing to jurors than receipts and bills. There are many methods of calculating damages for pain and suffering, such as the multiplier and per diem methods. Utilizing the multiplier method your actual economic losses are summed and then multiplied by a number between 1.5 and five, based on how serious your injuries are. You could also be able to seek non-economic damages, such as loss of consortium as well as physical impairment and disfigurement. Physical impairment is a term used to describe any limitations you may face in performing your daily activities due to the injury, and disfigurement may be awarded for any scarring or permanent damage that results from the accident. Damages for pain and suffering, unlike special damages, are subjective and hard to quantify. This is why it's important to keep records of your injuries and discomfort in the event that they occur so you can document the impact on your life. Damages Some expenses can be printed on a receipt, added up and a nice figure is produced. Other costs are not easily quantifiable. These intangible costs are covered by general compensatory damages. For instance, emotional distress isn't 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 had. This may include anxiety, fear, and post-traumatic disorder. It is also possible to receive compensation for the loss of enjoyment in life in the event that an injury has impeded your from participating in activities you used to enjoy prior to. Special damages are a form of compensation for the costs incurred due to your injury or illness. They can include travel to and from the hospital prescriptions and treatment expenses in addition to home adaptations and other care needs. You can also claim for lost future earnings when your illness or injury is preventing you from returning to the same job. In some cases, the court may award exemplary damage. These are a way to punish the defendant for particularly sever behavior, like the defamation case. A lawyer who has experience can assist you in determining whether the exemplary damages can be used in your case.