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What Is an Injury Claim? An injury claim is a request for financial compensation from someone who caused you harm. It is usually handled outside of court and your lawyer handles all communications with both the defendant and his insurance company. Special damages are simple to calculate and can include expenses related to your injury, such as medical bills, repair costs and lost wages. General damages are harder to quantify and include things like pain and suffering. Medical Treatment Medical treatment is an essential component of any injury lawsuit. Workers injured in an accident must get the medical treatment they require to treat their injuries and also prove that someone else was negligent. This is also a great method to determine the amount of damages the accountable party must pay. Under California workers insurance laws, you are entitled to medical treatment that is reasonable to treat or alleviate 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 pain and suffering the adjuster for insurance will take into account your medical expenses to see the severity of your injuries. They may employ a multiplier to determine your damages. However, if you have been unable to complete your treatment or your physical therapy account for a significant portion of your expenses, the insurance adjuster may consider your injuries not being as severe as you claim. There are a variety of legitimate reasons for why a gap in your treatment could exist. Transportation issues, family issues and other circumstances that are unavoidable can interfere with your ability to schedule a doctor's appointment. A personal injury lawyer with years of experience will be able to gather evidence that the delay in your treatment was caused by an unavoidable event. Lost Wages Loss of income due to of injuries suffered in a car crash is a further economic repercussion that can be recouped through filing an injury lawsuit or claim. injury claim berkeley is also known as lost earnings or lost wages and can be among the most significant losses suffered by victims as a result their injuries. The loss of wages can be devastating to the injured victim and are usually difficult for a victim to manage. People who work full-time or even those who earn hourly pay can quickly be unable to pay for large amounts when they have to leave work due to injury. In addition to the cost of missing work hours injured workers may also be denied benefits offered by their employers such as gym memberships, use of a loaned company vehicle, and other benefits. In some instances, injuries that result from a car crash are so severe that the victim is unable return to work. They may also permanently lose their ability to perform job duties because of emotional and physical trauma. In such a situation the victim may be entitled to future lost wages or earning capacity, in addition to the damages. In order to receive compensation for wages lost due to an accident, you will be required to prove the time that was missed at work. This can include paystubs, profits and losses statements, employment records and tax documents. It is also required to have a doctor's certificate, or a disability slip from the employer that details the injury and the length of time the injured worker must be out of work in order to recover. Pain & Suffering It is difficult to prove that there was pain and suffering. This encompasses any pain, discomfort or emotional trauma caused by an injury. It also includes loss of enjoyment of life and any disfigurement or injury that could be the result of the accident. Your lawyer can assist you determine the worth of your claim by giving a thorough, objective assessment of the way your injuries impact your daily life. This information is typically more compelling to a jury than receipts and bills. There are a variety of ways to calculate damages for suffering and pain, including the multiplier and per-diem methods. The multiplier method involves accumulating your economic losses, and then multiplying the amount by a range of from 1.5 to five, depending on the severity of your injuries. You may also be able claim non-economic damages like loss of consortium, physical impairment, and disfigurement. Physical impairment refers to any limitation you may have in your daily activities because of the injury. Disfigurement is a possible award in the event of an accident that causes permanent injury or scarring. The damages for pain and suffering, unlike special damages, are subjective and hard to quantify. It is essential to record your injuries and discomfort so you can prove their impact on your life. Damages There are costs that could be printed out on receipts and added up to a neat figure, and there are other costs that aren't easily quantifiable. These intangible losses can be addressed by general compensatory damages. You may be eligible to claim compensation for emotional distress, such as the impact your injuries have affected your life. This could include anxiety, fear, and post-traumatic disorder. You may also be eligible for compensation for the loss of enjoyment in life after an injury has stopped you from engaging in activities that you were previously able to enjoy before. Special damages are monetary compensation for costs you've had to pay as a result of your illness or injury. This could include the cost of travel to and from the hospital and prescriptions, treatment, home modifications, and medical care. You can also claim lost future earnings in the case that your injury or illness prevents a return to the same job. In some cases the court can decide to award exemplary damages. These damages are designed to penalize defendants for serious misconduct, such as defamation. An experienced lawyer can assist you in determining whether exceptional damages are appropriate in your case.