Injury Attorneys: It's Not As Difficult As You Think

What Is an Injury Claim?

An injury claim is a demand for financial compensation from someone who caused you harm. This is usually done outside of court. Your lawyer handles all communications with both the defendant and his insurance company.

Special damages are simple to calculate and include expenses that are related to your injury attorneys such as medical bills, repair costs and lost wages. General damages are harder to quantify and include things such as pain and suffering.

Medical Treatment

A claim for injury is unfinished without medical treatment. Workers injured in an accident must get the medical attention they require to treat their injuries, and be able to establish that someone else was negligent. This is also a great way to determine how much damages the responsible party has to pay.

Under California workers' compensation laws, you have the right to medical treatment that is necessary to treat or relieve from work-related injuries and illnesses. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

When calculating your total amount of pain and suffering, the insurance adjuster will look at your medical bills to determine the severity of your injuries. They might use a multiplier to calculate your damages. However, if you have had gaps in your treatment or your physical therapy accounts for a large portion of your bills the adjuster from your insurance company may think that your injuries are not being as severe as you claim.

There are many valid reasons why an inconsistency in your treatment could exist. Transportation issues, family issues and other unavoidable circumstances can hinder your ability to make an appointment with a physician. A experienced personal injury lawyer can gather evidence that a delay in your treatment was caused by an unavoidable situation.

Lost Wages

The loss of income caused by injuries in a car accident is a different type of economic loss that can be recovered through an injury claim or lawsuit. This is also known as lost earnings or lost wages and could be among the most significant losses suffered by victims as a result of their injuries.

Lost wages can be a huge blow to the injured victim and can be difficult for victims to manage. In the event of an injury people who are paid on a regular basis or full-time may be unable to earn a substantial amount. In addition to losing out on the benefit of not working, injured workers may also lose out on other company benefits like gym memberships, company-loaned cars, and other benefits.

In some cases, the injuries from a car crash could be so severe that a victim cannot return to work or are unable to perform their job responsibilities due to physical and emotional trauma. In such a case the client could be entitled to future lost wages or earning capacity in addition to their damages.

In most cases, in order to get a reimbursement for lost wages as a result of an accident, it is essential to prove the amount of time you've missed from work. This can include paystubs, documents of employment, profit and loss statements and tax documents. A doctor's note or injury lawyer disability slip that describes the injuries sustained and the length of time a victim is off work to recuperate is required as well.

Pain & Suffering

It is difficult to prove that there was pain and suffering. This includes any pain, discomfort or emotional trauma caused by an injury. It also covers any loss of enjoyment or disfigurement as a result.

Your lawyer will be able to help you understand how much your claim is likely to be worth by providing an objective assessment of your injuries and how they affect your daily routine. This type of information is more convincing to jurors than bills and receipts.

There are many methods to calculate damages for pain and suffering, such as the multiplier and per diem methods. The multiplier method is where your actual economic losses are totaled and then multiplied by a number ranging from 1.5 and five, based on how severe your injuries are.

Other non-economic damages you might be legally able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship) physical impairment, disfigurement. Physical impairment refers any limitation that you experience in your daily activities as a result of the injury. Disfigurement is a possible award if the accident results in permanent damage or scarring.

In contrast to specific damages that can be proved with receipts and invoices, 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 when they happen so that you can track the impact on your life.

Damages

Some costs can be printed on a receipt, added up and an attractive figure is generated. Other costs aren't easily quantifiable. General compensation damages are designed to address these intangible losses.

Emotional distress, for example isn't a expense that can be printed out, but you may be able to recover compensation for the negative effect on your life that your injuries caused. This may include anxiety, fear and post-traumatic disorder. You can also receive compensation for the lack of enjoyment when your injury has prevented you from participating in activities you enjoyed prior to.

Special damages are a form of compensation for the costs incurred due to your injury or illness. These can include the cost of traveling to and from the hospital or treatment facility, prescriptions, home adaptations, and care. You can also claim loss of future earnings in the case that your injury or illness prevents a return to the same job.

In certain cases, a court may decide to award an exemplary amount of damages. These are designed to punish the defendant for especially serious behavior, like a case of defamation. A lawyer with experience can help you determine if the exemplary damages can be used in your particular situation.