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What Is a Personal Injury Claim? A personal injury claim is a formally filed claim to the right to financial compensation. This is usually awarded by a judge or jury after a trial. Economic damages refer to actual costs like medical bills or lost wages. Non-economic damages include compensation for emotional distress as well as suffering. Damages If someone is injured because of the negligence of another business or individual, they have a right to be compensated. Damages are awarded based upon the accident circumstances and can be decided by a judge following an investigation or by the parties after an agreement to settle. The following are common types of personal injury damages: Economic damages represent the actual monetary expenses or financial losses that are incurred as a result of an accident and injuries. These can be established with receipts, invoices, and documentation. Future-looking costs like medical bills or loss of earning capacity, and ongoing care costs are also included in the economic damages award. The psychological and emotional trauma caused by an accident or injury is known as noneconomic or hedonic damage. These damages are harder to quantify than financial or expense losses. There is no formula that can be used to determine the value of these damages, and insurance companies often use a multiplier or per diem depending on the severity of the injury. The injuries that result from an accident can hinder your enjoyment of the activities of daily life like sports, exercise and even relationships with your family and friends. In this case you may be entitled to “loss-of-enjoyment” damages as compensation for your loss. Finally, emotional distress damages are designed to pay for the anxiety and mental anguish you have endured as a result your injuries. The award of these damages can be a major component of your compensation package. Punitive damages do not compensate you for the losses you've suffered, but rather penalize the person responsible for their outrageous or unconscionable actions. These are usually granted only in the event of serious injury or wrongful deaths. If you or someone close to you was injured in an accident, it's crucial to speak with a New York City personal injury attorney immediately to start gathering evidence and support for your claim for damages. The earlier you begin the process of proving the negligence and the severity of your losses the more likely you will get a fair settlement. Statute of limitations Personal injury claims must be filed within the prescribed timeframe of limitations. This is a period of time following an accident when a claim may be brought. This is beneficial to both the party responsible and the insurance companies who pay out on the claims. It also ensures that the victim has a fair chance of recovering the compensation they are entitled to, since memories fade and evidence may be lost in the course of time. The statute of limitations may vary by state and the type of case. An experienced attorney will be able to inform clients of the specific statute of limitations that applies to their cases and any exceptions that could apply. In certain cases, the discovery rule may extend a statute past its normal limit of three years. This is because the clock doesn't begin clocking on claims until the party who suffered the injury is aware or should reasonably be aware that there is a connection between their injury and the incident that caused it. This is the case with toxic exposure injuries like asbestos. It can also be relevant in medical malpractice or pharmaceutical injury cases. Certain states allow an extension in cases when the victim was a minor when the incident occurred. They are not able to file a lawsuit until they reach the age of adulthood, and it is difficult to comprehend that their injury was caused by someone else when they're younger. Another issue to consider is that an injury might hinder a person's ability earn money in the future, and this can be taken into account as part of the damages, especially if they are prevented from working. In these situations the injured party has the right to claim compensation from their employer for wages they would have received had they not been disabled from working due to the injury. It is crucial that injured parties seek legal advice as soon as they can following an accident. They should speak with an experienced personal injury lawyer to determine what the statute of limitations is for their case and to discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to describe agreements or policies which protect against liability, loss, and damage. This could include insurance for health, auto, boat owners, and personal watercraft insurance as well as property and liability coverage. It could also include life insurance trusts, annuities, and policies. Insurance companies may be associated with or independent of financial service providers and may use a variety of business models to offer their products. Liability insurance can protect you from the costs associated with bodily injury or death of someone else caused by your car. It can also cover property damage to a vehicle or other property of another (such as a building, fence or utility pole). Personal injury protection or PIP insurance will cover medical expenses for you and your passengers who are injured in a collision that is not your fault. It can also account for loss of income or compensation for pain and suffering. Loss of enjoyment of life-altering injuries can compensate for the negative impact that an accident has on your daily life. For instance you may have missed out on the activities you used to enjoy. Compensation for suffering and pain is designed to help you recover by dealing with your physical discomfort and emotional distress. Loss of property damages may cover the costs to repair or replace damaged items, or recover their fair market value. Damages to property are typically valued at replacement costs which is the amount you would have to pay to replace the item with a new one similar quality and type without taking into consideration depreciation. A personal injury settlement can include compensation for funeral costs in the event of a need. Representation Personal injury claims are civil lawsuits which award monetary compensation for individuals who have suffered injury as a result of the negligence or willful behavior of another. This can include claims arising from car accidents, workplace injuries as well as medical negligence. An attorney with expertise in personal injury can assist you assess your case and determine much compensation you could be entitled to receive. Attorneys typically are paid on a contingency basis, meaning they only get paid if they win your case. This arrangement permits plaintiffs who have suffered injuries to pursue their claims without fear of losing money in the event they lose their lawsuit. You Tube could be awarded general damages in addition to the amount of money you are compensated for your economic losses. These damages are not quantifiable in the same way that special damages are, but they do contain lesser tangible costs such as pain and suffering loss or consortium, defamation and emotional distress. The amount of these damages is determined by the severity of your injuries and how they changed your life. A competent lawyer can prove the severity of your injuries and their effect on you in order to maximize your compensation. Your attorney will collect evidence to support your case and speak with witnesses. They will also examine medical records to determine the severity of your injuries and their long-term effects. They will also provide information on how accepting a settlement may affect your tax return. After they have gathered all of the necessary information for your case, your lawyer will prepare an accusation. This legal document will include your legal arguments on the reason why the defendant is responsible for the accident and the amount of damages that you seek. Your lawyer will also file any relevant documents with the court. Your attorney will negotiate on your behalf with the insurance company once the complaint has been filed. It can be a complicated process for those who are unfamiliar with the process, as insurance companies are not willing to pay large amounts of cash and will fight to protect its bottom line. One misstep can cost you thousands of dollars, and it is essential to have an experienced lawyer to your side who is well-versed in the process.