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What Is an Injury Claim? A claim for compensation is a request to someone who has injured you to seek monetary compensation. This is usually done outside of court, and your lawyer handles all communication with the defendant and his insurance company. Special damages are easy to calculate and include any expenses that are related to your injury like medical bills, repair bills and lost wages. General damages are more difficult to calculate and can include things like pain and suffering. Medical Treatment Medical treatment is an essential component of any injury lawsuit. Workers who have been injured must receive the medical treatment they require to treat their injuries and prove that they suffered harm due to someone else's negligence. This is also a great way to determine how much damages the accountable party must pay. California workers compensation law grants you the right to receive medical care that is deemed reasonable to treat or relieve injuries and illnesses that are related to your job. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments. In calculating your total pain and suffering the insurance adjuster will take into account your medical expenses to see the severity of your injuries. They may use a multiplyer to calculate your damages. If you've been unable to complete your treatment or your physical therapy account for a large percentage of your expenses, the insurance adjuster may view your injuries as not as severe as you claim. There are many legitimate reasons why a gap in your care could be present. You might not be able attend a doctor's appointment due to transportation issues, family issues or other situations that cannot be avoided. A seasoned personal injury lawyer should be able to gather evidence to prove that a delay in treatment was the result of a circumstance that was beyond your control. Lost Wages The loss of income caused by injuries sustained in a car accident is another type of economic loss that can be recovered through a personal injury claim or lawsuit. This is referred to as lost wages or loss of earnings and it can be one of the most significant losses victims suffer because of their injuries. Lost wages can be devastating for the injured victim and are often difficult for the victim to manage. Individuals who work full-time, or even those earning hourly wages can lose large amounts of money when they must take time off of work due to injuries. In addition to losing out on the benefits of missing work hours, injured workers may be unable to access other benefits offered by the company, such as gym memberships and company-loaned vehicles, and other benefits. In some cases, injuries caused by a crash can be so severe that the victim is unable to return to work, or become unable to carry out their job due to emotional and physical trauma. In this case the client may be entitled to the future loss of wages or even loss of earning capacity as part of their compensation. In the majority of cases, in order to get a reimbursement for lost wages incurred as a result of an accident, it is important to have proof of the amount of time you've missed from work. This could be in the form of paystubs, profits and losses statements, employment records and tax documents. A doctor's note or disability slip that details the injuries sustained and the amount of time the victim is off work to recover is necessary as well. Pain & Suffering The suffering and pain of others is among the most difficult damages to prove. It is the term used to describe any discomfort, pain or emotional trauma caused by an accident. It also covers any loss of enjoyment or disfigurement as a result. Your lawyer can help you determine the value of your case by giving a thorough, objective assessment of the way your injuries impact your daily life. This is typically more convincing to jurors than bills and receipts. 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. With the multiplier method, your actual economic losses are totaled and then multiplied by a number ranging from 1.5 and five depending on how severe your injuries are. Other non-economic damages that you could be legally able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship) physical impairment and disfigurement. Physical impairment is any limitation you might face in carrying out your normal daily activities due to the injury, and disfigurement could be awarded for any scarring or permanent damage caused by the accident. In contrast to special damages that are able to be proven with receipts and bills for pain and suffering, these damages are more subjective and difficult to quantify. This is why it is crucial to keep track of your injuries and discomfort when they happen so that you can record the impact on your life. Damages Some expenses can be printed on receipts which is then added together and an attractive figure is generated. Other costs aren't easily quantifiable. These intangible costs are covered by general compensatory damages. For instance, emotional distress 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 have had. injury attorney macon could include fear, anxiety and post-traumatic stress disorder. You may also be compensated for the loss of enjoyment in the event that your injury has stopped you from participating in activities you used to before. Special damages are a way to compensate for the expenses incurred due to your injury or illness. They 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 If your illness or injury is preventing you from returning to the same job. In certain situations the court can decide to award exceptional damages. These damages are intended to penalize defendants for serious violations, like defamation. A lawyer with experience can assist you in determining if exceptional damages are appropriate in your particular situation.