공지사항

What Is an Injury Claim?

An injury claim is a demand for financial reimbursement from the person who caused you harm. The process is usually outside of court. Your lawyer handles all communications with both the defendant and his insurance company.

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

Medical Treatment

Medical treatment is a vital component of any injury lawsuit. Workers injured need the required medical care needed to take care of their injuries and prove that they suffered harm by the negligence of someone else. This is also a great method to determine the amount of damages the responsible party should pay.

California workers insurance law provides you with the right to receive medical treatment 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.

The insurance adjuster will use medical bills as a method to determine the severity of your injuries when calculating the total amount of suffering. They could use a multiplier to determine the amount of damage. However, if you have been unable to complete your treatment or your physical therapy accounts for a large portion of your bills, the insurance adjuster may think that your injuries are not being as severe as you claim.

There are a variety of valid reasons why a gap could be present in your treatment. Transportation issues, family issues and other unforeseen circumstances could hinder your ability to attend an appointment with a doctor. A lawyer who has experience in personal injury can gather evidence that the delay in your treatment was due to an unavoidable event.

Lost Wages

Loss of income resulting of injuries suffered in a car crash is a different economic loss that can be recouped through filing an injury lawsuit or claim. This is also referred to as lost earnings or lost wages, and could be among the most significant losses suffered by victims as a result their injuries.

The loss of wages can be a major blow to the injured victim, and are often difficult for injured victims to manage. In the event of an injury and paid on a regular basis or full-time may lose a lot of money. In addition to the value of not working the injured may lose out on company perks like gym memberships, the use of a loaned company vehicle, and other benefits.

In some instances, the injuries caused by a crash can be so severe that the victim cannot return to work, or become unable to carry out their job duties due to physical and emotional trauma. In this situation the client could be entitled to future lost wages or lost earning capacity in addition to the damages.

In most cases, to get a reimbursement for lost wages as a result of an accident, it's essential to prove the time that you were absent from work. This can include paystubs, employment records, profit-and-loss statements and tax documents. It is also important to have a doctor's certificate or a disability form from the employer that outlines the injury lawsuits and the length of time the victim must be off work in order to recuperate.

Pain & Suffering

Pain and suffering is one of the most difficult damages to prove. It covers any discomfort, pain, inconvenience or emotional trauma caused by an injury. It also covers the loss of enjoyment and any disfigurement that could have occurred as a result of the accident.

Your lawyer will be able to help you understand how much your claim could be worth through an objective assessment of your injuries and how they affect your daily activities. This kind of information is typically more persuasive to jurors than receipts and bills.

There are a variety of methods to determine the amount of pain and suffering including the multiplier method as well as the per diem method. The multiplier method involves accumulating your economic losses, and then multiplying them by a number ranging from 1.5 to five, based on the degree of your injuries.

Other non-economic damages you may be legally able to pursue include loss of consortium (money that compensates your spouse for the loss of companionship), physical impairment and disfigurement. Physical impairment is any limitation that you are able to experience in your daily activities due to the injury. Disfigurement can be awarded if the accident results in permanent damage or scarring.

In contrast to special damages that are able to be proven 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 that you can prove their impact on your life.

Damages

Certain costs can be printed on receipts and added up until an attractive figure is generated. Other costs are not easily quantifiable. These intangible losses are dealt with by general compensatory damages.

You may be able recover compensation for emotional stress, such as the impact your injuries have had on your life. This may include anxiety, fear and post-traumatic stress disorder. You can also receive compensation for the lack of enjoyment in life if an injury has prevented you from engaging in activities that you enjoyed prior to.

Special damages are a way to compensate for the expenses resulted from your injury or illness. This could include the cost of travel to and from the hospital or treatment facility, prescriptions, home adaptations, and care. You can also claim for lost future earnings when your illness or injury makes it impossible to return to the same job.

In certain cases the court could decide to award an exemplary amount of damages. They are intended to penalize the defendant for especially serious behavior, like the case of defamation. A lawyer who has experience can assist you in determining whether exemplary damages are applicable in your case.