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What Is a Personal Injury Claim? A personal injury claim is a formal processed assertion of the right to monetary compensation. This compensation is usually awarded by a judge or jury after a trial. Economic damages cover the actual costs like medical bills and lost wages. Non-economic damages include the compensation for emotional distress and suffering. Damages If someone is injured as a result of the negligence of another company or individual's behavior, they are entitled to compensation for their losses. Damages are awarded based on the accident circumstances and may be determined by a court after a trial or by the parties following the settlement negotiations. There are a few common types of personal injury damages: Economic damages refer to the actual costs in terms of money or financial losses that are incurred as a result of an accident and injuries. These can be established by receipts, invoices and other documentation. Economic damages can include future foreseeable costs including medical expenses, loss of earning potential, and ongoing care. The emotional and psychological impact resulted from an injury or accident is known as noneconomic or hedonic damages. They are more difficult to quantify than expenses or financial losses. There is no formula that can be used to evaluate these damages. Insurance companies employ an amount multiplier that is based on the severity and time of the injury. The injuries that result from an accident could hinder you from enjoying the day-to-day pursuits of life such as exercise, hobbies, and even relationships with your family and friends. In this instance, you may be entitled to “loss-of-enjoyment” damages as compensation for your loss. Lastly emotional distress damages are a way to provide you with the financial compensation for the stress and mental anguish that you've suffered as a result of your injuries. The award of these damages can be a significant part of your compensation package. Punitive damages are not intended to compensate you for the damages you've endured, but instead punish the person at fault for their outrageous or egregious behavior. They are usually granted only in the event of serious injuries or wrongful deaths. If you or someone close to you was injured in an accident, it's important to speak with a New York City personal injury attorney right away to begin collecting evidence and support for your claim for damages. The earlier you begin the process of proving the negligence and the magnitude of your losses the more likely you will be awarded a fair settlement. Statute of limitations It is essential that personal injury claims are filed within the time limit of the statute of limitations, which is a set time frame following an accident in which a claim is filed. This safeguards both the person who was at fault as well as the insurance companies who pay out on the claims. It also ensures that the victim has a realistic chance of obtaining the compensation they are entitled to, since memories fade and evidence can disappear over time. The statute of limitations may differ by state and the type of case. An experienced attorney can advise clients on the statute of limitations applicable to their particular case and any other exceptions. In certain circumstances, the discovery rule may extend a statute of limitations beyond its normal limitation of three years. The clock does not start to run on a claim until an injured party is aware or reasonably should be aware that there is a link between their injury and the event that caused it. This is often the case for toxic exposure injuries, like asbestos, but could also be relevant in medical malpractice cases or cases involving pharmaceutical injury. Some states allow for an extension in situations where the injured person was a minor when the incident occurred. They are not able to file a lawsuit until they reach the age of adulthood and it can be difficult for them to understand that their injury was caused by someone else when they are younger. A person's future ability to earn a living can be considered to be a part of the damages, particularly when they are prevented from working. In these cases the person who has suffered an injury is entitled to receive a reimbursement from their employer for the income they would have earned if they had not been prevented from going to work due to their injury. Ultimately, it is vital that the person who has been injured seek legal advice as soon as they can after the accident. They should consult an experienced personal injury lawyer to determine the time-limit for their particular case and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements that protect against liability, loss, and damage. It could refer to property and liability insurance as in addition to health, boatowners', auto and personal watercraft coverage. Annuities, life insurance policies, and trusts can also be included. Insurance companies may be associated with or independently of financial services providers and can use a variety of business models to offer their services. Liability insurance will protect you from the costs that come with a bodily injury, or death to someone else that you cause while operating your car. It can also cover property damage to a vehicle, or any other property of another (such as fences, buildings or utility pole). You Tube or PIP insurance will cover medical expenses for you and your passengers who are injured in a crash that is not your fault. This insurance can also cover lost income and compensation for pain or suffering. Damages for the loss of enjoyment of life can compensate you for the negative effect that an accident has had on your lifestyle, such as missing out on activities you once enjoyed. Compensation for pain and suffering is designed to make you whole by addressing the physical discomfort as well as your emotional pain. Property damage can cover the costs to repair or replace damaged objects, or to recover their fair market value. Damages to property are typically valued at replacement costs which is the amount you would be required to pay to replace the item with one similar quality and type, without taking into account depreciation. A personal injury settlement can include compensation for funeral expenses, if necessary. Representation A personal injury claim is a civil action that awards monetary compensation to those who have suffered harm by an individual's reckless or negligent actions. This includes claims that arise from injuries sustained at work, car accidents and medical malpractice. An attorney with expertise in personal injury will help you evaluate your case and determine much compensation you could be entitled to. Lawyers typically charge a contingency fee, meaning they only get paid for winning your case. This arrangement permits injured plaintiffs to pursue their cases without the risk of losing money if they don't succeed in their lawsuit. You may be awarded general damages in addition to amount of money you are compensated for the economic losses. These damages are not measurable in the same manner as damages for special circumstances, but they include less tangible costs like pain and suffering, loss of consortium, defamation, and emotional distress. The amount of damages is contingent on the severity of your injury and how it has affected your life. A competent lawyer can prove the severity of your injuries and the impact they have had on you in order to maximize your compensation. Your attorney will collect evidence for your case and talk to witnesses. They will also examine medical records to determine the severity of your injuries and their long-term impacts. They will also provide advice on how accepting a settlement can affect your tax liability. Your attorney will draft a complaint once they have all the facts needed to prove your case. This legal document will present your legal arguments for why the defendant is responsible for the accident, and it will include the amount of damages you're seeking. Your attorney will file all necessary paperwork with the court. Your lawyer will negotiate on your behalf with the insurance company after the complaint has been filed. This can be a difficult procedure for the uninitiated since insurance companies aren't interested in paying large amounts of money and fight to protect their profits. One mistake can cost you thousands of dollars, so it is important to have an experienced attorney on your side who knows the procedure.