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What Is an Injury Claim? An injury claim is a request for monetary compensation from a person who caused you harm. The process is usually outside of court, and your lawyer is in charge of all communications with the defendant and his insurance company. Special damages are simple to calculate and can include expenses related to your injury like 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 A claim for injury is not complete without medical treatment. Workers injured in an accident must get the medical treatment they need to heal their injuries and establish that someone else was negligent. This is also a good way to determine how much damages the responsible party should pay. According to California workers' compensation laws, you are entitled to medical care that is reasonably necessary to treat or alleviate work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. In calculating your pain and suffering, the insurance adjuster will examine your medical bills to see the severity of your injuries. They might use a multiplier to determine a suitable range of damages. If you're experiencing gaps in your treatment, or if physical therapy is an important part of your expenses, the adjuster may not consider your injuries to be as serious as you claim. There are many valid reasons for why a gap in your care could exist. Family issues, transportation problems and other unavoidable situations can hinder the ability of you to make an appointment with your doctor. A personal injury lawyer with years of experience should be able gather evidence that a delay in your treatment was caused by an unavoidable situation. Lost Wages The loss of income due to injuries sustained in a car accident is a different kind of economic loss that could be recovered through an individual injury claim or lawsuit. This is known as lost wages or loss of earnings, and it could be one of the most significant losses that victims suffer as a result of their injuries. Loss of wages are a huge blow to an injured victim and are usually difficult for injured victims to manage. Individuals who work full-time, or even those who earn hourly pay can quickly lose large amounts of money when they are forced to miss work due to injuries. In addition to the financial cost of working a few hours less the injured may miss out on benefits offered by the company such as gym memberships, use of a company-loaned vehicle and other benefits. In some instances, the injuries caused by a crash can be so severe that the victim is unable return to work or cease to be able to perform their job responsibilities due to emotional and physical trauma. In such a case the victim may be entitled to future lost wages or earning capacity, in addition to their damages. To receive compensation for lost wages resulting from an accident, you will be required to prove the hours you didn't work at work. This could include pay stubs, documents of employment, profit and loss statements and tax documents. It is also necessary to have a doctor's certificate or a disability slip from the employer that details the injuries and the time the injured worker must be off work in order to heal. Pain & Suffering The suffering and pain of others is one of the most difficult damages to prove. It includes any pain, discomfort or emotional trauma caused by an accident. It also covers any loss of enjoyment in life or disfigurement caused by the injury. A lawyer can help you determine the value of your case by providing a detailed objective analysis of the way your injuries impact your daily life. This is typically more persuasive to a juror than receipts and bills. There are many ways to calculate pain and suffering damages including the multiplier method as well as the per diem method. The multiplier method is where your actual economic losses are totaled and then multiplied with a number that ranges from 1.5 and five depending on how severe your injuries are. You may also be able claim non-economic damages like loss of consortium, physical impairment, and disfigurement. Physical impairment is any limitation you might face in carrying out your normal daily activities as a result of the injury, while disfigurement could be awarded in lieu of any scarring or permanent damage that results from the accident. As opposed to the specific damages that can be proved by receipts and 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 in the event that they occur so you can record the impact on your life. Damages Some expenses can be printed on receipts and then added to an attractive figure is generated. Other costs are not easily quantifiable. injury settlement livonia are covered by general compensatory damages. For instance, emotional distress isn't a price that can be printed out, but you may be able recover compensation for the negative effect on your life that your injuries had. This could include anxiety, fear, and post-traumatic disorder. You can also claim compensation for the lack of enjoyment in life in the event that an injury has impeded you to enjoy activities you used to enjoy prior to. Special damages are monetary compensation for expenses you've incurred as the result of your illness or injury. They may include travel costs to and from the hospital prescriptions and treatment expenses, home adaptations and care needs. You may also claim lost future earnings in the event that an injury or illness prevents you from returning to the same job. In certain situations, a judge may give exemplary damages. These damages are designed to punish defendants for serious violations, like defamation. An experienced lawyer can assist you in determining if exceptional damages are appropriate in your particular case.