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What Is an Injury Claim? An injury claim is a request for monetary reimbursement from the person who caused you harm. The process is usually outside of court and your attorney is in charge of all communications with the defendant and their insurance company. Special damages are easy to calculate, and they include expenses related to your injury, like medical bills, repair bills and lost wages. General damages can be more difficult to calculate, and may include things such as pain and suffering. Medical Treatment Medical treatment is a vital component of any injury lawsuit. Workers injured need the necessary medical care to treat their injuries and prove that they suffered harm by negligence of another party. This is also a great way to determine how much damages the responsible party should pay. According to California workers insurance laws, you are entitled to medical care that is necessary to cure or relieve work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. The adjuster for insurance will use your medical bills as a method to determine the severity of your injuries when calculating your total suffering. They might use a multiplier to determine the appropriate amount of your damages. If you have gaps in your treatment, or if the physical therapy you receive is an important part of your cost the adjuster might not consider your injuries to be as serious as you claim. There are a variety of valid reasons why a gap could be present in your treatment. injury lawyer mount pleasant , transportation issues and other circumstances that are unavoidable can interfere with the ability of you to make an appointment with your doctor. A experienced personal injury lawyer is likely to be able to prove that a gap in your treatment was caused by an unavoidable situation. Lost Wages Loss of income resulting of injuries that result from a car accident is another economic damage that can be recouped through filing a personal injury lawsuit or claim. This is also known as lost earnings or lost wages, and can be one of most significant losses suffered by victims due to their injury. The loss of wages can be a huge blow to an injured victim, and are often difficult for victims to manage. In the event of an injury, those who are paid on a full-time or hourly basis can be unable to earn a substantial amount. In addition to the cost of working a few hours less, injured individuals may lose out on company perks like gym memberships or use of a loaned company vehicle, and other benefits. In some cases, the injuries from a car crash could be so severe that the victim is unable to return back to work, or lose the ability to perform their job responsibilities due to emotional and physical trauma. In this instance the client may be entitled to any future lost wages, or even loss of earning capacity as part of their compensation. To be eligible for 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, the records of employment, profit and loss statements and tax documents. It is also required to have a doctor's certificate or a disability form from the employer, which details the injuries and the time the victim must be off work in order to recover. Pain & Suffering The suffering and pain of others is one of the most difficult damages to prove. It is the term used to describe any discomfort, pain or emotional trauma caused by an injury. It also includes loss of enjoyment of life and any disfigurement that may have occurred as a result of the accident. Your lawyer can assist you in determining how much your claim may be worth by providing an objective assessment of your injuries and how they impact your daily activities. This information is usually more persuasive to a juror than bills and receipts. There are a variety of methods to calculate damages for pain and suffering, such as the multiplier and per diem methods. The multiplier method involves totaling your economic losses and then multiplying them by a figure ranging from 1.5 to five, based on the severity of your injuries. Other non-economic damages you might be able to pursue include loss of consortium (money that compensates your spouse for the loss of companionship) physical impairment, disfigurement. Physical impairment refers to any limitations that you might face in carrying out your regular daily activities as a result of the injury, while disfigurement could be awarded in lieu of any permanent or permanent injury that result from the accident. Unlike special damages that can be proven with receipts and invoices, pain and suffering damages are more subjective and difficult to quantify. It is important to record your injuries and discomfort so that you can prove their impact on your life. Damages Certain expenses can be printed on a receipt, added up and a nice figure is produced. Other costs aren't easily quantifiable. General compensation damages are designed to address these intangible losses. Emotional distress, for example isn't a price that can be printed, but you may be able to get compensation for the negative impact on your life that your injuries caused. This could include anxiety, fear and post-traumatic stress disorder. You can also receive compensation for the loss of enjoyment in life in the event that an injury has impeded you from enjoying the activities you used to enjoy prior to. Special damages are financial compensation for any costs you've had to pay as a result of your injury or illness. They could include travel to and from the hospital prescriptions, treatment and medication costs including home modifications and health care requirements. You can also claim lost future earnings in the case that your injury or illness prevents a return to the same job. In some instances the court can give exemplary damages. These damages are meant to punish defendants for serious violations, like defamation. An experienced attorney can advise you on whether extraordinary damages may be appropriate in your particular case.