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What Is an Injury Claim An injury claim is a demand for financial reimbursement from the person who caused you harm injury claim aurora is usually done in a nonjudiciary setting and your lawyer handles all communication with the defendant as well as his insurance company Special damages are simple to calculate and include any expenses that are related to your injury such as medical bills repair bills and lost wages General damages are more difficult to calculate and can include things such as pain and suffering Medical Treatment Medical treatment is an important part of any injury claim Workers who are injured must receive the medical treatment they require to treat their injuries and prove that they suffered injury as a result of negligence of another party This is also a good method of determining the amount of damages the responsible party must pay California workers insurance law provides you with the right to receive medical treatment that is reasonable to cure or treat injuries and illnesses that are related to your work The doctors who provide that care must follow guidelines that are based on scientificallysupported medical treatments The insurance adjuster will consider medical bills as a method to determine the severity of your injuries in calculating your suffering total They may use a multiplier to determine a suitable range of damages If youve experienced a lack of treatment or your physical therapy account for a large proportion of your expenses the insurance adjuster might think that your injuries are not as severe as you claim There are many valid reasons that a gap in your care could be present Family issues transportation issues and other unforeseen circumstances could hinder your ability to attend an appointment with your doctor An experienced personal injury attorney can gather evidence to show that the delay in treatment was due to circumstances beyond your control Lost Wages The loss of income resulting from injuries resulting from a car crash is another type of economic loss that could be recovered through a personal injury claim or lawsuit This is also referred to as lost earnings or lost wages and could be among the most significant losses suffered by the victims of their injuries Lost wages can be a major blow to the injured victim and are usually difficult for victims to manage Workers who are fulltime or even those who earn hourly wages can be unable to pay for large amounts when they are forced to leave work due to injuries In addition to the expense of not working an injured worker could miss out on benefits offered by the company like gym memberships the use of a vehicle loaned by the company and other benefits In some instances the injuries suffered in a car accident are so severe that the person injured is unable to return to work They could also lose their ability to perform their job because of emotional and physical trauma In this situation the victim may be entitled to future lost wages or lost earning capacity in addition to their damages In the majority of cases to get a reimbursement for lost wages incurred as due to an accident it is crucial to show proof of the amount of time missed from work This could be in the form of paystubs profits and losses statements employment records and tax documents A doctors note or disability slip that details the injuries sustained and the length of time that a victim is off work to recover is necessary as well Pain Suffering Pain and suffering is one of the most difficult damages to prove It includes any discomfort pain inconvenience or emotional trauma that is caused by an injury It also includes the loss of enjoyment and any disfigurement that may be the result of the accident Your lawyer can help determine the worth of your claim by providing an accurate and objective analysis of the way your injuries impact your daily life This kind of information is usually more convincing to jurors than receipts and bills There are various methods to calculate damages for suffering and pain including the multiplier and perdiem methods The multiplier method involves adding up your economic losses and then multiplying the amount by a range of from 15 to five based on the degree of your injuries 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 you might face in carrying out your normal daily activities due to the injury and disfigurement could be awarded in lieu of any scarring or permanent damage that results from the accident In contrast to special damages that can be proven with receipts and bills for pain and suffering these damages are more subjective and difficult to quantify This is why its important to keep an eye on your injuries and discomfort as they occur so that you can document the effect on your life Damages There are some costs that can be printed on a receipt and tacked to make a neat number as well as other costs that arent quantifiable These intangible costs are covered by general compensatory damages Stress for instance isnt a price that can be printed out however you might be able recover compensation for the negative effect on your life that your injuries caused This could include fear anxiety and posttraumatic stress disorder You can also be compensated for the loss of enjoyment in life if your injury has prevented you from taking part in the activities you enjoyed prior to Special damages are financial compensation for any costs youve had to pay as a result of your illness or injury This could include the cost of traveling to and from the hospital or treatment facility prescriptions home adaptations and treatment You may also be able to claim lost future earnings If your illness or injury hinders your return to the same job In certain circumstances a court may give exceptional damages These are a way to punish the defendant for particularly sever behavior such as a case of defamation A lawyer with experience can assist you in determining whether exceptional damages are appropriate in your particular case
