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What Is an Injury Claim? A claim for compensation is a request made to anyone who has injured you for an amount of money. This usually happens outside of court. Your lawyer handles all communication with the defendant and his insurance company. Special damages are easy to calculate, and they include expenses that are related to your injury, like medical bills, repair bills and lost wages. General damages can be more difficult to calculate and include things like pain and suffering. Medical Treatment Medical treatment is a crucial part of any injury claim. Workers who have been injured must receive the necessary medical care to manage their injuries and show that they were injured by someone else's negligence. It is also a way to establish how much the responsible party is liable for damages. California workers' compensation law gives you the right to receive medical attention that is reasonable to cure or ease the symptoms of the effects of injuries and illnesses arising from your job. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. When calculating your total pain and suffering the adjuster for insurance will look at your medical bills to see the severity of your injuries. They may employ a multiplier to determine the amount of damage. However, if you've been unable to complete your treatment or if your physical therapy account for a significant portion of your bills, the insurance adjuster may view your injuries as not being as severe as you claim. There are many legitimate reasons why an inconsistency in your treatment could be present. Transportation issues, family issues and other unforeseen circumstances could hinder your ability to make a doctor's appointment. An experienced personal injury attorney is able to collect evidence to show that a gap in treatment was due to an event that was out of your control. Lost Wages Loss of income resulting of injuries caused by a car crash is a different economic loss which can be recouped by filing a personal injury lawsuit or claim. This is also referred to as lost earnings or lost wages, and can be among the most significant losses suffered by the victims of their injury. Loss of income can be a devastating blow to the injured victim. It can be difficult to handle. When injured people who are paid on a full-time or hourly basis can suffer a loss of a considerable amount. In addition to losing on the benefits of working less the injured worker could be unable to access other benefits of the company like gym memberships, company-loaned vehicles, and other perks. In some instances, injuries suffered in a car accident are so that the victim is not able to return to work. They could also lose their ability to perform job duties because of emotional and physical trauma. In such injury attorney chino hills could be entitled to future lost wages or earning capacity, in addition to their damages. To be eligible for compensation for lost wages resulting from an accident, you'll have to prove the hours you didn't work at work. This could be in the form of paystubs, the records of employment, profit and loss statements and tax documents. A doctor's note or disability slip that describes the injuries sustained and the length of time that a victim is off work in order to recover is important as well. Pain & Suffering Pain and suffering is among the most difficult damages to prove. It is the term used to describe any discomfort, pain, inconvenience or emotional trauma caused by an accident. It also covers any loss of enjoyment in life or disfigurement that results from it. Your lawyer can help determine the value of your claim by providing an accurate and objective analysis of the way your injuries impact your daily life. This type of information is more persuasive to jurors than bills and receipts. There are many ways to calculate pain and suffering damages including the multiplier method as well as the per diem method. The multiplier method involves adding up your economic losses, and then multiplying them by a number that ranges from 1.5 to five, depending on the severity of your injuries. You may also be able seek non-economic damages, such as loss of consortium or physical impairment as well as disfigurement. Physical impairment is any limitation that you are able to experience in your daily activities as a result of the injury. Disfigurement can be awarded when the accident causes permanent scarring or damage. Unlike special damages that can be established by receipts and bills as well as pain and suffering damages, they are more subjective and difficult to quantify. It is important to record your injuries and discomfort so you can prove their impact on your life. Damages There are some costs that can be printed out on a receipt and added up to a tidy figure, and there are other costs that aren't easily quantifiable. General compensatory damages cover these intangible losses. You may be able recover compensation for emotional stress like the impact your injuries have had on your life. This may include anxiety, fear and post-traumatic stress disorder. It is also possible to receive compensation for the lack of enjoyment in life when an injury has made it impossible for you from engaging in activities that you used to do before. Special damages are a form of compensation for the costs that you incur due to an injury or illness. This can include the cost of travel to and from the hospital and prescriptions, treatment, home adaptations, and treatment. You can also claim for lost future earnings in the event that your illness or injury is preventing you from returning to the same job. In certain cases the court could decide to award exemplary damages. These are meant to penalize the defendant for particularly sever actions, such as in a defamation case. A lawyer with experience will assist you in determining if exemplary damages are applicable in your particular case.