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What Is an Injury Claim? A claim for compensation is a request to anyone who has injured you to seek monetary compensation. This is typically done out of court and your attorney is in charge of all communications with the defendant and their insurance company. Special damages are simple to calculate and include all costs that are related to your injury, including repairs and medical bills. General damages can be more difficult to calculate and include things such as pain and suffering. Medical Treatment A claim for injury is incomplete without medical treatment. Workers injured need the required medical care needed to manage their injuries and show that they suffered injury because of negligence by someone else. This is also a great way to determine how much damages the accountable party must pay. California workers compensation law grants you the right to get medical treatment that is reasonable to cure or relieve injuries and illnesses related to your work. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. The insurance adjuster will consider your medical bills as a way to determine the severity of your injuries when calculating the total amount of suffering. They could use a multiplier to determine your damages. But, if you've been unable to complete your treatment or if your physical therapy account for a large percentage of your costs an insurance adjuster could think that your injuries are not being as severe as you claim. There are a variety of valid reasons why a gap may exist in your treatment. You may be unable to attend a doctor's visit due to transportation issues, family issues or other unavoidable circumstances. An experienced personal injury attorney will be able to collect evidence to show that the gap in treatment was caused by an incident that was outside your control. Lost Wages The loss of income due to injuries in a car accident is a different type of economic loss that could be recouped through an injury claim or lawsuit. This is known as lost wages or loss of earnings, and it could be one of the most significant losses victims face as a result of their injury. Loss of wages can be a huge blow to the injured victim, and are often difficult for the victim to manage. In the event of an injury and paid on a full-time or hourly basis can lose a significant amount of money. In addition to the cost of missing work hours the injured may be denied company perks like gym memberships, use of a vehicle loaned by the company and other benefits. In certain instances, injuries caused by a car accident could be so severe that the victim is unable return to work or lose the ability to perform their job responsibilities due to emotional and physical trauma. In this situation, the client may be entitled to future lost wages or earning capacity, in addition to the damages. In order to receive compensation for lost wages due to an accident, you will have to prove the time that was missed at work. This may include paystubs employment records, profit-and-loss statements and tax documents. A doctor's note or disability slip describing the injuries sustained and the duration for which a person has to be off work to recover is necessary in addition. Pain & Suffering It is difficult to prove pain and suffering. It includes any pain, discomfort or emotional trauma caused by an injury. It also includes the loss of enjoyment and any disfigurement that could have occurred as a result of the accident. A lawyer can help you determine the value of your claim providing an accurate and objective analysis of how your injuries affect your daily life. This type of information is more persuasive to a juror than bills and receipts. There are a variety of methods of calculating damages for pain and suffering, including the multiplier and per-diem methods. By using the multiplier method, your actual economic losses are summed and then multiplied with a number that ranges from 1.5 and five, based on how serious your injuries are. There is also the possibility to pursue non-economic damages such as loss of consortium as well as physical impairment and disfigurement. Physical impairment is any limitation you may have in your daily activities due to the injury. Disfigurement may be awarded if the accident results in permanent scarring or damage. Injuries and pain unlike other damages, are subjective and difficult to quantify. It is important to document your injuries and discomfort so you can prove the impact they had on your life. Damages Certain costs can be printed on receipts, added up and a neat figure is created. injury attorney west covina are not easily quantifiable. General compensation damages are designed to address these intangible losses. You may be eligible to claim compensation for emotional stress like the impact your injuries have affected your life. This could include fear, anxiety and post-traumatic stress disorder. You can also claim compensation for the loss of enjoyment in life if an injury has prevented you to enjoy activities you used to enjoy prior to. Special damages are monetary compensation for expenses you've incurred as a result of your illness or injury. This could include the cost of travel to and from the hospital and prescriptions, treatment, home adaptations, and treatment. You can also claim loss of future earnings in the case that your injury or illness prevents you from returning to the same job. In certain circumstances the court could decide to award exemplary damages. These damages are designed to punish defendants for serious conduct, such as defamation. A knowledgeable attorney can advise you on whether or not exceptional damages are appropriate in your case.