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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. The compensation is usually awarded by a jury or judge after an investigation. Economic damages are a way to cover actual costs like medical bills and lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured as a result by the negligence of a business or individual or business, they are entitled to compensation. This is known as “damages.” The amount of damages awarded depend on the accident circumstances, and can be determined by a jury following an investigation or agreed upon by the parties following the settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages refer to the actual costs in terms of money or financial losses incurred as a result of an accident or injuries. These can be established by receipts, invoices and other documentation. Economic damages can be a result of future expenses, such as medical costs, loss of earning capacity, and ongoing medical care. The psychological and emotional trauma that is caused by an accident or injury is known as noneconomic or hedonic damages. They are more difficult to value than the expense or financial loss. There is no standard formula to evaluate these damages. Insurance companies use a multiplier based upon the severity and duration of the victim's injuries. Accidental injuries can stop you from engaging in daily activities such as exercising, enjoying hobbies or even maintaining relationships with family and friends. In this instance, you may be entitled to “loss-of-enjoyment” damages as compensation for the loss. Finally emotional distress damages are designed to compensate you for the fear and mental stress you've suffered as a result of your injuries. These damages can make up an important portion of your compensation package. Punitive damages are not intended to compensate you for your losses, but instead punish the at-fault party for egregious or outrageous conduct. They are typically granted only in cases that involve grave injury or death. If you or someone close to you has been injured in an accident, it's crucial to speak with an New York City personal injury attorney right away to begin collecting evidence to support your claim for damages. The sooner you begin the process of proving your negligence and extent of your losses the more likely it will be that you'll be awarded a fair settlement. Statute of limitations It is essential that personal injury claims are filed within the statute of limitations which is a predetermined time frame following an accident during which a claim is made. This protects the at-fault party as well as the insurance companies who pay on these claims. It also gives the victim a chance to recover the compensation they are entitled to. The statute of limitations can differ by state and the type of case. A knowledgeable attorney can advise clients on the statute of limitations applicable to their case and any other exceptions. In certain cases the discovery rule could extend a statute of limitations beyond the normal limit of three years. This is because the clock doesn't start to tick on a claim until the party who suffered the injury is aware or should reasonably be aware that there is an association between their injury and the incident that led to it. This is usually the case with toxic exposure injuries like asbestos, but could also be relevant in medical malpractice or cases involving pharmaceutical injuries. Certain states allow an extension in cases where the person who was injured was a minor at the time the incident occurred. This is because they cannot sue until they reach adulthood and it is difficult for them to grasp the connection between their injuries and the reason behind it while they are still young. Another possibility is that an injury could hinder a person's ability earn money in the future, and this could be considered as part of damages, especially if they are prevented from working. In these instances the person who was injured is entitled to receive a reimbursement from their employer for the earnings they could have earned if they had not been unable to go to work because of their injury. YouTube is important that injured parties seek legal advice as soon as they can following an accident. A personal injury lawyer can assist them determine the time limit for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies that protect against liability, loss, and damage. This could include health, auto, boatowners, and personal watercraft insurance, as well as insurance coverage for property and liability. Life insurance policies, annuities and trusts could also be included. Insurance companies may be associated with or independent of financial services providers and can use different business models to offer their products. Liability insurance protects you against the cost of bodily injury and death resulting from your actions when driving your car. It can also cover the cost of property damage to the vehicle of another or to other property (such as the fence, utility pole or building). PIP or personal injury protection insurance will cover medical expenses as well as those of your passengers in the event that you are injured in an accident that is not your fault. This insurance can also cover lost income as well as compensation for pain and suffering. Damages for loss of enjoyment in life could compensate you for the negative effect that an accident has had on your daily life like missing the activities you previously enjoyed. Compensation for pain and suffering is designed to make you whole again by addressing your physical discomfort and emotional pain. Damages to property can 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 be required to pay to replace the item with another similar quality and kind without incorporating depreciation. A personal injury settlement can include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits that award monetary compensation for individuals who have suffered injury as a result of the negligence or reckless behavior of another. This includes claims arising out of injuries sustained at work, car accidents and medical negligence. An attorney for personal injuries can help you assess the case and determine the compensation you are entitled to. Attorneys typically are paid on a contingency basis, which means they only get paid if you succeed in your case. This arrangement allows plaintiffs who have been injured to pursue their claims without fear of losing money in the event they lose their lawsuit. In addition to the monetary damages for your economic losses, you may be awarded a lump sum of general damages. These damages aren't quantifiable in the same manner that special damages are, but they do cover lesser tangible costs such as pain and suffering as well as loss or consortium emotional distress and defamation. The amount of damages is contingent on the severity of your injury and how it has affected your life. A competent lawyer will be able prove the severity of your injuries and their impact on you in order to maximize your compensation. Your attorney will collect evidence to support your case and speak with witnesses. He or she will examine medical records to determine the severity of your injuries and their long-term impacts. They will also offer guidance on how settling a case could affect your tax bill. Your attorney will draft a complaint after they have all the evidence needed for your case. This legal document will outline your legal arguments as to why the defendant is responsible for the accident, and it will state an amount of damages you are seeking. Your lawyer will also file any relevant paperwork with the court. Your attorney will negotiate on behalf of you with the insurance company once the complaint has been filed. This can be a complex task for those who aren't familiar with it, as insurance companies are not interested in paying out significant sums of money and will fight to protect their bottom line. A single mistake can cost you thousands. It is therefore important to have a knowledgeable attorney who knows the process.