• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

What Is an Injury Claim?

A claim for compensation is an application to someone who has injured you to seek financial compensation. The process is usually in a non-judiciary setting and your lawyer handles all communication with both the defendant and his insurance company.

Special damages are easy-to-calculate and include all costs relating to the injury, such as medical bills and repair costs. General damages are more difficult to calculate and can include things like pain and suffering.

Medical Treatment

A claim for injury is insufficient without medical treatment. Injured workers must get the required medical care needed to take care of their injuries and prove that they were injured because of negligence of another party. It's also a method to determine how much the accountable party owes in damages.

California workers compensation law grants you the right to receive medical treatment which is reasonable to treat or Injured alleviate injuries and illnesses that are related to your work. The doctors who provide that care must follow guidelines that are based on scientifically-supported medical treatments.

When calculating your total pain and suffering an insurance adjuster will consider your medical bills to see how serious your injuries were. They might employ a multiplier to determine the right range of damages. If you're not getting the most from your treatment, or if your physical therapy costs major portion of your bill the adjuster may not view your injuries as serious as you claim.

There are numerous valid reasons why gaps could exist in your treatment. Family issues, transportation problems and other circumstances that are unavoidable can hinder your ability to make an appointment with a doctor. A seasoned personal injury lawyer is able to collect evidence to show that a delay in treatment was caused by an incident that was outside your control.

Lost Wages

Loss of income as a result of injuries that result from a car accident is a different economic loss which can be recouped by filing a personal injury lawsuit or claim. This is known as lost wages or loss of earnings, and it is one of the biggest losses victims face due to their injuries.

The loss of wages can be devastating for an injured victim, and are often difficult for injured victims to manage. When injured and paid hourly or full-time can suffer a loss of a considerable amount. In addition to the value of working a few hours less, injured individuals may be denied benefits offered by their employers like gym memberships, the use of a company-loaned vehicle and other benefits.

In some cases, the injuries caused by a car accident are so that the person injured is unable to return to work. They may also permanently lose their capacity to perform their job due to physical and emotional trauma. In such a case the client could be entitled to future lost wages or lost earning capacity in addition to their damages.

To be eligible for compensation for lost wages resulting from an accident, you'll be required to prove the time you missed at work. Paystubs, employment records and tax documents are all acceptable. It is also required to have a doctor's note, or a disability slip from the employer that details the injury and the length of time the injured worker must be off work in order to heal.

Pain & Suffering

Pain and suffering is among the most difficult damages to prove. It 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 can assist you determine the value of your claim providing an in-depth, objective analysis of the way your injuries impact your daily life. This type of information is more convincing to jurors than bills and receipts.

There are various methods of calculating damages for suffering and pain, including the multiplier and per diem methods. The multiplier method is where your actual economic losses are calculated and then multiplied by an amount between 1.5 and five, based on how serious your injuries are.

Other damages that you may not be able to economically be able to pursue include loss of consortium (money that compensates your spouse for their loss of companionship) physical impairment, disfigurement. Physical impairment refers to any limitations that you may experience in your daily activities due to the injury, and disfigurement could be awarded for any permanent or lasting damage that result from the accident.

The damages for pain and suffering unlike other damages, are subjective and hard to quantify. This is why it's important to keep an eye on your injuries and discomfort when they occur, so that you can document the effect on your life.

Damages

There are some costs that can be printed out on a receipt and added up to a neat figure but there are also costs that aren't quantifiable. These intangible costs are covered by general compensatory damages.

You may be able recover compensation for emotional distress, such as the impact your injuries have affected your life. This could include anxiety, fear and post-traumatic disorder. You may also be compensated for loss of enjoyment in life in the event that your injury has stopped you from engaging in activities you previously enjoyed before.

Special damages are the compensation you receive for expenses that you incur due to an injury or illness. They may include travel costs to and from the hospital, prescriptions and treatment costs in addition to home adaptations and other care requirements. You may also be able to claim lost future earnings when your illness or injury hinders your return to the same job.

In certain cases, a judge may decide to award exceptional damages. These are meant to penalize the defendant for particularly sever conduct, such as the defamation case. A knowledgeable attorney can advise you on whether extraordinary damages may be appropriate in your particular case.