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What Is an Injury Claim? A claim for compensation is an application to anyone who has injured you to seek monetary compensation. This usually happens outside of court and your attorney handles all communications with the defendant and their insurance company. Special damages are easy-to-calculate and include all costs that are related to the injury, such as medical bills and repair costs. General damages are more difficult to calculate and can include things such as pain and suffering. Medical Treatment Medical treatment is a vital part of any injury claim. Injured workers must get the medical treatment they require to treat their injuries and demonstrate that they were harmed by negligence by someone else. It's also a method to determine how much the accountable party owes in damages. According to California workers insurance laws, you have the right to medical treatment that is necessary to cure or relieve ailments and injuries caused by work. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. The insurance adjuster will consider medical bills as a method to determine the severity of your injuries when calculating the total amount of suffering. They could use a multiplier to determine the right range of damages. If you're suffering from gaps in your treatment or your physical therapy costs major portion of your bill the adjuster may not consider your injuries to be as serious as you claim. There are many valid reasons why a gap could be present in your treatment. Family issues, transportation issues and other unavoidable circumstances can hinder your ability to schedule an appointment with your doctor. An experienced personal injury attorney can gather evidence to show that a gap in treatment was due to a circumstance that was beyond your control. Lost Wages The loss of income due to injuries resulting from a car crash is a different type of economic damage that can be recovered through a personal injury claim or lawsuit. This is known as lost wages or loss of earnings, and it is one of the largest losses victims face due to their injuries. Loss of income can be a devastating blow to an injured victim. It can be a challenge to manage. When injured or ill, those who are paid hourly or full-time can be unable to earn a substantial amount. In addition to losing on the benefits of working less the injured worker could also lose out on other benefits offered by the company, such as gym memberships, loans for company vehicles, and other benefits. In some instances, the injuries caused by a car accident are so severe that the person injured is unable to return to work. They could also permanently lose their ability to perform their job due to physical and emotional trauma. In this case the client could be entitled to future lost wages or earning capacity in addition to their losses. To be eligible for compensation for lost wages resulting from an accident, you will have to prove the time you were absent at work. This could include pay stubs, profits and losses statements, employment records and tax documents. A doctor's note or disability slip that describes the injuries sustained and the length of time that a victim is off work to recover is necessary as well. Pain & Suffering It is difficult to prove the existence of pain and suffering. This is the case for any discomfort, pain or emotional trauma caused by an injury. It also includes the loss of enjoyment and any disfigurement or injury that could be the result of the accident. Your lawyer can help you understand how much your claim is likely to be worth by providing an objective assessment of your injuries and how they affect your daily routine. injury lawsuit santa clara of information is typically more persuasive to jurors than receipts and bills. There are a variety of methods 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 calculated and then multiplied by a number between 1.5 and five based on how serious your injuries are. Other damages that you may not be able to economically be eligible to pursue include loss of consortium (money that compensates your spouse for their lost companionship) physical impairment and disfigurement. Physical impairment refers to any limitations that you might face in carrying out your everyday activities as a result of the injury, while disfigurement could be awarded in lieu of any permanent or lasting damage caused by the accident. Damages for pain and suffering, unlike special damages, are subjective and difficult to quantify. It is important to record your injuries and discomfort so you can prove the impact they had on your life. Damages There are costs that can be printed on a receipt and added up to a neat figure but there are also costs that aren't quantifiable. These intangible losses are addressed by general compensatory damages. You may be able to recover compensation for emotional distress, such as the impact your injuries have affected your life. This could include anxiety, fear and post-traumatic stress disorder. You may also be compensated for loss of enjoyment of life if your injury has prevented you from participating in activities you were able to enjoy before. Special damages are a form of compensation for the costs caused by your injury or illness. They can cover travel to and from 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 event that your illness or injury prevents you from returning to the same job. In certain cases the court can make an exemplary amount of damages. These are designed to punish the defendant for especially serious behavior, like a case of defamation. An experienced lawyer can help you determine if exemplary damages are applicable to your situation.