What Is an Injury Claim? An injury claim is a demand for monetary compensation from someone who has caused you harm. The process is usually outside of court, and your lawyer handles all communications with the defendant as well as his insurance company. Special damages are simple to calculate, and they include costs related to your injury such as medical bills, repair costs and lost wages. General damages are more difficult to calculate and may include things like pain and suffering. Medical Treatment A claim for injury is unfinished without medical treatment. Workers who have been injured must receive the necessary medical care to treat their injuries and demonstrate that they suffered injury because of the negligence of someone else. It's also a way to determine the amount that the responsible party owes in damages. Under California workers insurance laws, you are entitled to medical care that is reasonable for the treatment or relief of from work-related injuries and illnesses. 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 look at your medical bills to see how serious your injuries were. They might employ a multiplier to determine the proper range of damages. If you're experiencing gaps in your treatment or your physical therapy costs a significant portion of your expenses the adjuster may not see your injuries as serious as you claim. There are a myriad of reasons why a gap may exist in your treatment. Family issues, transportation problems and other unavoidable situations can interfere with your ability to schedule a doctor's appointment. A personal injury lawyer with years of experience can gather evidence that a gap in your treatment was due to an unavoidable circumstance. Lost Wages Loss of income resulting of injuries sustained in a car crash is a different economic loss that may be recovered by filing an injury lawsuit or claim. This is referred to as lost wages or loss of earnings, and it could be one of the biggest losses sufferers face because of their injury. Loss of wages can be a devastating blow for an injured victim. It is often difficult to handle. Those who work full-time or even those who earn hourly pay can easily lose large amounts of money when they are forced to leave work because of an injury. In addition to losing on the value of missed work hours employees who are injured may also be denied other benefits provided by their employers, like gym memberships, company-loaned cars, and other benefits. In certain instances, injuries from a car accident may be so severe that the victim is unable return to work or they permanently cease to be able to perform their job duties because of emotional and physical trauma. In this case the client could be entitled to future lost wages or earning capacity, in addition to the damages. In most cases, to get a reimbursement for lost wages incurred as a result of an accident, it is essential to prove the amount of time you've missed from work. This can include paystubs, profits and losses statements, employment records and tax documents. A doctor's note or disability slip that outlines the injuries sustained as well as the length of time that a victim must be off work to recover is necessary as well. Pain & Suffering Pain and suffering is one of the most difficult damages to prove. It includes any discomfort, pain, inconvenience or emotional trauma caused by injury. It also covers the loss of enjoyment and any disfigurement that could be the result of the accident. Your lawyer will be able to help you understand how much your claim could be worth through an objective analysis of your injuries and how they impact your daily routine. This kind of information is typically more persuasive to jurors than receipts and bills. There are a variety of methods of calculating damages for pain and suffering, such as the multiplier and per diem methods. The multiplier method involves accumulating your economic losses and then multiplying them by a number that ranges from 1.5 to five, depending on the degree of your injuries. There is also the possibility to pursue non-economic damages such as loss of consortium, physical impairment, and disfigurement. Physical impairment refers any limitation that you experience in your daily activities due to the injury. Disfigurement can be awarded if the accident results in permanent damage or scarring. Damages for pain and suffering, unlike special damages, are subjective and hard to quantify. That's why it is important to keep the track of your injuries and discomfort when they happen so that you can document the effect on your life. Damages There are costs that can be printed out on a receipt, and then added to create a precise figure in addition to other costs that aren't easily quantifiable. These intangible losses can be addressed by general compensatory damages. You may be eligible to claim compensation for emotional distress like the impact your injuries have had on your life. This may include anxiety, fear and post-traumatic disorder. You may also be eligible for compensation for the loss of enjoyment when an injury has made it impossible for your from participating in activities you used to enjoy prior to. Special damages are monetary compensation for expenses you've incurred as the result of your illness or injury. They can include travel to and from hospital prescriptions, treatment and medication costs, home adaptations and care needs. You can also claim for lost future earnings if your injury or illness hinders your return to the same job. In some instances the court might award exemplary damage. These are a way to punish the defendant for particularly sever conduct, such as a defamation case. An experienced attorney can guide you on whether the exemplary damages could be applicable in your particular case.