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What Is an Injury Claim? An injury claim is a demand for monetary compensation from someone who has 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 all costs relating to the injury, such as medical bills and repair bills. General damages are more difficult to calculate and can include things such as pain and suffering. Medical Treatment A claim for injury is not complete without medical treatment. Injured workers must get the necessary medical care to take care of their injuries and prove that they were harmed by the negligence of someone else. It's also a means to establish how much the accountable party owes in damages. California workers' compensation law gives you the right to receive medical attention that is deemed reasonable to treat or alleviate injuries and illnesses related to your job. 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 way to determine the severity of your injuries when calculating the total amount of suffering. injury settlement chicago could use a multiplier to determine your damages. If you have gaps in your treatment, or if the physical therapy you receive is major portion of your expenses the adjuster might not see your injuries as serious as you claim. There are numerous valid reasons why a gap may be present in your treatment. Family issues, transportation problems and other unforeseen circumstances could interfere with your ability to schedule an appointment with your doctor. A lawyer who has experience in personal injury should be able gather evidence that the delay in your treatment was caused by an unavoidable situation. Lost Wages The loss of income due to injuries sustained in a car accident is a different type of economic damage that can be recovered through an injury claim or lawsuit. It 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 injury. Loss of income can be a devastating blow to the injured victim. It can be a challenge to manage. If you are injured, those who are employed on a full or hourly basis could lose a lot of money. In addition to the cost of not working injured workers may also be denied benefits offered by their employers such as gym memberships, use of a company-loaned vehicle and other benefits. In certain instances, injuries caused by a crash can be so severe that the victim is unable to return to work or they permanently lose the ability to perform their job due to physical and emotional trauma. In this situation the victim could be entitled to compensation for any future lost wages, or even loss of earning capacity as part of their damages. In order to receive compensation for lost wages due to an accident, you'll have to prove the time you were absent at work. Paystubs and employment records as well as tax documents are all acceptable. It is also necessary to have a doctor's certificate or a disability form from the employer, which details the injury and the duration the injured worker must be out of work to be able to recover. Pain & Suffering It is hard to prove pain and suffering. It covers any pain, discomfort or emotional trauma that is caused by an injury. It also includes the loss of enjoyment and any disfigurement that may have occurred as a result of the accident. Your lawyer can help you determine the value of your case by providing an accurate and objective analysis of the way your injuries impact your daily life. This is usually more convincing to jurors than bills and receipts. There are a variety of ways to calculate damages for pain and suffering, such as the multiplier and per-diem methods. Utilizing the multiplier method your actual economic losses are summed and then multiplied with a number that ranges from 1.5 and five depending on how severe your injuries are. Other damages that you may not be able to economically be eligible to pursue include loss of consortium (money that compensates your spouse for their loss of companionship), physical impairment and disfigurement. Physical impairment refers to any limitation that you experience in your daily activities as a result of the injury. Disfigurement may be awarded if the accident results in permanent scarring or damage. In contrast to special damages that are able to be proven with receipts and invoices as well as pain and suffering damages, they are more subjective and difficult to quantify. This is why it's important to keep the track of your injuries and discomfort when they happen so that you can track the impact on your life. Damages There are costs that can be printed on receipts and added to create a precise figure in addition to other costs that aren't quantifiable. General compensatory damages cover these intangible losses. For instance, emotional distress 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 have caused. This can include anxiety, fear and post-traumatic stress disorder. It is also possible to receive compensation for the lack of enjoyment in life after an injury has stopped you to enjoy activities you enjoyed prior to. Special damages are financial compensation for expenses you've incurred as a result of your illness or injury. They can include travel to and from the hospital prescriptions, treatment and medication costs as well as home adaptations and medical needs. You may also claim lost future earnings in the event that your injury or illness prevents you from returning to the same job. In some cases the court could make exceptional damages. These damages are meant to penalize defendants for serious violations, like defamation. An experienced attorney can guide you on whether or not the exemplary damages could be applicable in your case.