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What Is an Injury Claim? An injury claim is a request for monetary reimbursement from the person who caused you harm. This usually happens outside of Court, and your attorney handles all communications with the defendant and their insurance company. Special damages are easy to calculate and include any expenses related to your injury such as medical bills, repair bills and lost wages. General damages can be more difficult to calculate and may include things such as pain and suffering. Medical Treatment A claim for injury is not complete without medical treatment. Workers who are injured must receive the required medical care needed to manage their injuries and show that they suffered injury because of negligence by someone else. This is also a good method to determine the amount of damages the responsible party must pay. California workers laws provide you with the right to get medical treatment that is deemed reasonable to treat or relieve 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 amount of pain and suffering an insurance adjuster will examine your medical bills to see the severity of your injuries. They might employ a multiplier to determine a suitable range of damages. If you've had gaps in your treatment or your physical therapy account for a significant portion of your expenses the insurance adjuster might think that your injuries are not as severe as you claim. There are a variety of legitimate reasons that a gap in your care could be present. Family issues, transportation issues and other unforeseen circumstances could hinder your ability to make an appointment with your doctor. A personal injury lawyer with years of experience should be able gather evidence that a gap in your treatment was due to an unavoidable event. Lost Wages Loss of income resulting of injuries that result from a car accident is another economic damage which could be compensated by filing a personal injury lawsuit or claim. It is also known as lost earnings or lost wages and is among the most significant losses suffered by victims as a result their injuries. Loss of wages can be devastating for the injured victim and can be difficult for a victim to manage. People who work full-time or even those earning hourly pay can quickly lose large amounts of money when they have to leave work because of an injury. In addition to the cost of working a few hours less injured workers may also miss out on benefits offered by the company such as gym memberships, use of a company-loaned vehicle and other benefits. In some cases, the injuries from a car accident may be so severe that the victim is unable return to work, or are unable to perform their job duties because of emotional and physical trauma. In this scenario the victim could be entitled to a reimbursement of future lost wages or loss of earning capacity as part of their compensation. In most cases, to receive reimbursement for lost wages as a result of an accident, it's essential to provide proof of the time that you were absent from work. This could include pay stubs, the records of employment, profit and loss statements and tax documents. It is also essential to have a doctor's note, or a disability slip from the employer that outlines the injury and the length of time the victim must be out of work in order to recover. Pain & Suffering The suffering and pain of others is one of the most difficult damages to prove. This includes any pain, discomfort or emotional trauma caused by an injury. It also covers loss of enjoyment of life and any disfigurement that could have occurred as a result of the accident. Your lawyer can assist you determine the value of your claim providing a detailed objective analysis of how your injuries affect your daily life. This information is usually more convincing to jurors than receipts and bills. There are a variety of ways to calculate damages for pain and suffering, which includes the multiplier and per-diem methods. The multiplier method involves accumulating your economic losses, and then multiplying them by a figure ranging from 1.5 to five, depending on the extent of your injuries. You could also be able to claim non-economic damages like loss of consortium or physical impairment as well as disfigurement. Physical impairment refers to any limitation that you are able to experience in your daily activities as a result of the injury. Disfigurement can be awarded if the accident results in permanent damage or scarring. injury attorney montana for pain and suffering like other damages are subjective and hard to quantify. It is essential to record your injuries and discomfort so you can prove their impact on your life. Damages Certain costs can be printed on a receipt and then added to a nice figure is produced. Other costs are not easily quantifiable. General compensation damages are designed to address these intangible losses. Depression, for instance isn't a expense that can be printed but you may be able to claim compensation for the negative impact on your life that your injuries have caused. This may include anxiety, fear or post-traumatic disorder. You can also claim compensation for the loss of enjoyment in your life if an injury has prevented you from engaging in activities that you used to enjoy prior to. Special damages are a form of compensation for the costs incurred due to your injury or illness. They may include travel costs to and from the hospital prescriptions and treatment costs, home adaptations and care needs. You may also be able to claim lost future earnings in the event that your injury or illness prevents a return to the same job. In some cases, the court may award exemplary damage. These damages are intended to retaliate against defendants who have committed serious violations, like defamation. A lawyer who has experience can assist you in determining whether exemplary damages are applicable in your particular situation.