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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. This process is usually done outside of Court and your attorney handles all communication with the defendant and their insurance company. Special damages are easy to calculate and can include expenses related to your injury like medical bills, repair costs and lost wages. General damages are more difficult to quantify and include things like pain and suffering. Medical Treatment A claim for injury is incomplete without medical treatment. Injured workers must get the medical treatment they require to manage their injuries and show that they suffered injury by negligence by someone else. It's also a method to determine how much the responsible party is liable for damages. Under California workers insurance laws, you are entitled to medical treatment that is necessary for the treatment or relief of from 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 total pain and suffering the insurance adjuster will take into account your medical expenses to determine the severity of your injuries. They could use a multiplier to determine the proper range of your damages. If you're experiencing gaps in your treatment, or if your physical therapy is an important portion of your expenses an adjuster may not view your injuries as serious as you claim. There are many valid reasons for a gap to exist in your treatment. Family issues, transportation problems and other unavoidable circumstances can hinder your ability to attend an appointment with your doctor. A personal injury lawyer with experience is likely to be able to prove that the delay in your treatment was due to an unavoidable incident. Lost Wages The loss of income resulting from injuries in a car accident is a different type of economic damage that can be recovered through a personal injury claim or lawsuit. This is referred to as lost wages or loss of earnings and it can be among the largest losses victims experience due to their injury. Loss of wages are devastating to the injured victim and are usually difficult for injured victims to manage. Those who work full-time or even those earning hourly wages can be unable to pay for large amounts when they have to leave work due to injury. In addition to losing out on the benefit of not working the injured worker could also lose out on other company benefits like gym memberships, company-loaned cars, and other benefits. In some cases, the injuries suffered in a car accident are so severe that the victim is unable to return to work. They may also 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. In the majority of cases, to get a reimbursement for lost wages incurred as due to 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 important to have a doctor's certificate or a disability certificate from the employer, which details the extent of the injuries and how long the patient must be out of work in order to heal. Pain & Suffering It is difficult to prove that there was pain and suffering. This is the case for any discomfort, pain or emotional trauma that is caused by an injury. It also includes the loss of enjoyment and any disfigurement or injury that could have occurred as a result of the accident. Your lawyer can help determine the worth of your claim by providing an accurate and objective analysis of how your injuries affect your daily life. This information is usually more convincing to jurors than bills and receipts. There are several ways to determine the amount of pain and suffering such as the multiplier method and the per diem method. With the multiplier method, your actual economic losses are added up and then multiplied by a number ranging from 1.5 and five based on how severe your injuries are. Other non-economic damages you may be in a position to pursue include loss of consortium (money that compensates your spouse for their lost companionship) physical impairment, disfigurement. injury law firm athens is any limitation you may face in performing your everyday activities as a result of the injury, and disfigurement could be awarded in lieu of any permanent or recurring damage caused by the accident. In contrast to special damages that can be established by receipts and bills, pain and suffering damages are more subjective and difficult to quantify. That's why it is important to keep records of your injuries and discomforts as they occur so that you can record the impact on your life. Damages There are costs that can be printed on a receipt and tacked up to a neat figure as well as other costs that aren't quantifiable. These intangible costs are covered by general compensatory damages. Stress, for instance isn't a expense that can be printed however, you might be able to recover compensation for the negative effect on your life that your injuries have caused. This can include anxiety, fear and post-traumatic stress disorder. You can also be compensated for lack of enjoyment in the event that your injury has stopped you from participating in activities you previously enjoyed before. Special damages are financial compensation for any expenses you've incurred as the result of your illness or injury. This could include the cost of travel to and from the hospital, prescriptions, treatment, home adaptations, and care. You can also claim lost future earnings If your illness or injury hinders your return to the same job. In some cases the court could give exemplary damages. These are meant to penalize the defendant for particularly serious actions, such as in a case of defamation. An experienced attorney can advise you on whether the exemplary damages could be applicable in your situation.