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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. It is usually handled in a non-judiciary setting and your lawyer handles all communications with both the defendant and his insurance company. Special damages are easy to calculate and include all costs related to your injury, like repairs and medical bills. General damages are more difficult to calculate and may include things such as pain and suffering. Medical Treatment A claim for injury is unfinished without medical treatment. Workers injured need the necessary medical care to treat their injuries and demonstrate that they suffered injury because of negligence by someone else. It is also a way to establish how much the responsible party is liable for damages. Under California workers' compensation laws, you have the right to medical treatment that is reasonably required for the treatment or relief of work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. The insurance adjuster will utilize your medical bills as a way to determine the severity of your injuries in calculating your total suffering. They might use a multiplier to determine the amount of damage. However, if you have been unable to complete your treatment or your physical therapy accounts for a significant portion of your bills the adjuster from your insurance company may consider your injuries to be not as serious as you claim. There are injury lawyer suffolk of valid reasons why a gap may be present in your treatment. You may be unable to attend a doctor's appointment due to transportation issues, family issues or other unavoidable situations. A seasoned personal injury lawyer will be able to collect evidence to show that the delay in treatment was due to circumstances beyond your control. Lost Wages Loss of income due to of injuries caused by a car crash is a further economic repercussion that may be recovered by filing a personal injury lawsuit or claim. This is known as lost wages or loss of earnings and it can be one of the biggest losses victims experience as a result of their injury. Loss of wages can be a major blow to the injured victim and are often difficult for a victim to manage. If injured people who are employed on a full or hourly basis could lose a lot of money. In addition to losing on the benefit of not working injured workers could also lose out on other benefits provided by their employers, like gym memberships, company-loaned vehicles and other benefits. In some instances, the injuries that result from a car crash are so severe that the victim is unable to return to work. They could also lose their ability to perform their job because of emotional and physical trauma. In this case, a client could be entitled to compensation for future lost wages or lost earning capacity as a part of their compensation. In the majority of cases, to be reimbursed for lost wages incurred as caused by an accident, it's crucial to show proof of the amount of time you've missed from work. Paystubs and employment records as well as tax documents are all acceptable. It is also essential to have a doctor's certificate or a disability form from the employer which outlines the extent of the injuries and how long the patient must be out of work in order to heal. Pain & Suffering Pain and suffering is among the most difficult damages to prove. It includes any pain, discomfort, inconvenience or emotional trauma that is caused by an injury. It also covers any loss of enjoyment in life or disfigurement resulting from the injury. Your lawyer can help determine the value of your claim providing an accurate and objective analysis of how your injuries affect your daily life. This kind of information is typically more convincing to jurors than bills and receipts. There are a variety of methods of calculating damages for pain and suffering, including the multiplier and per-diem methods. With the multiplier method, your actual economic losses are added up and then multiplied by a number between 1.5 and five based on how serious your injuries are. Other non-economic damages that you could be legally able to pursue include loss of consortium (money that compensates your spouse for the loss of companionship), physical impairment and disfigurement. Physical impairment is a term used to describe any limitations you might face in carrying out your everyday activities as a result of the injury, while disfigurement could be awarded for any permanent or recurring damage that result from the accident. In contrast to specific damages that can be established through receipts or bills the pain and suffering damages are more subjective and difficult to quantify. This is why it's important to keep records of your injuries and discomfort when they occur, so that you can document the effect on your life. Damages Some costs can be printed on receipts and then added to an attractive figure is generated. Other costs aren't easily quantifiable. General compensatory damages cover these intangible losses. Emotional distress, for example isn't an 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 could include fear, anxiety and post-traumatic stress disorder. You may be compensated for the lack of enjoyment If your injury prevented you from enjoying activities that you were able to enjoy before. Special damages are financial compensation for any expenses you've incurred as a result of 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 requirements. You may also be able to claim lost future earnings in the event that your illness or injury makes it impossible to return to the same job. In certain circumstances the court can award exemplary damages. They are intended to penalize the defendant for particularly sever actions, such as in the case of defamation. A knowledgeable attorney can advise you on whether or not extraordinary damages may be appropriate in your particular situation.