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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. The compensation is usually granted by a jury or judge following an investigation. Economic damages refer to actual costs like medical bills or 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 person, they have a right to be compensated. Damages are awarded based upon the accident circumstances and can be decided by a court following a trial or by the parties following the settlement negotiations. Personal injury damages can be classified into the following categories: Economic damages represent the actual costs in terms of money or financial losses that are incurred as a result of an accident or injuries. These can be proven by receipts, invoices and documentation. Future foreseeable costs such as medical bills and loss of earning capacity, and ongoing care costs could also be included in the award of economic damages. The psychological and emotional trauma resulted from an accident or injury is referred to as non-economic or hedonic damage. They are more difficult to quantify than the financial or expense loss. There is no formula that can be used to determine the value of these damages. Insurance companies use a multiplier based upon the severity and time of the injury. Accidental injuries may prevent you from engaging in everyday activities such as exercising, enjoying hobbies, or even maintaining relationships with friends and family. In this case you could be entitled to “loss-of-enjoyment” damages to compensate for the loss. Lastly, emotional distress damages are designed to pay for the anxiety and mental stress you've experienced as a result of your injuries. The award of these damages could be a major component of your compensation package. Punitive damages are not intended to compensate you for your losses, but instead punish the person at fault for egregious or outrageous behaviour. They are usually granted only in cases that involve serious injury or wrongful death. If you or a loved one was injured in an accident, it's important to speak with a New York City personal injury attorney right away to begin collecting evidence to support your claim for damages. The sooner you start the process of proving negligence and extent of your losses, the more likely that you'll be awarded an appropriate settlement. Statute of limitations Personal injury claims must be filed within the timeframes of limitations. This is a time limit following an accident when a claim may be brought. This protects both the party at fault and insurance companies that pay on these claims. It also gives the victim a chance to recover the amount of compensation to which they are entitled to. The statute of limitations can differ depending on the state and the type of case. An experienced attorney can advise clients on the statute of limitations applicable to their case and any exceptions. For example, in some instances, the discovery rule may extend the statute of limitations past the normal limit of three years. The clock doesn't begin to run on a claim until the injured party is aware or could be aware that there exists a connection between their injuries and the incident that caused it. This is usually the case with toxic exposure injuries, such as asbestos, but could also be relevant in medical malpractice cases or cases involving pharmaceutical injury. Certain states allow an extension of time in cases where the injured person was a minor at the time the incident occurred. This is because they are unable to bring a lawsuit until they reach adulthood and it is difficult for them to understand the connection between their injury and the reason for it while they are still young. A person's ability to earn money can also be considered to be a part of the damages, especially in the event that they were prevented from working. In these situations the person who has suffered an injury has the right to claim compensation from their employer for the amount of wages they would have earned if they hadn't been restricted from working because of their injury. In the end, it is essential that the person who has been injured seek legal advice as soon as possible after the accident. A personal injury lawyer can help them determine the statute of limitation for their particular case, as well as discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements that protect against loss, liability, and damage. This could include health, auto, boatowners, and personal watercraft insurance as well as insurance coverage for property and liability. It can also include life insurance trusts, annuities, and policies. Insurance companies may be affiliated with financial services companies or operate independently. They may also employ different business models to sell their products. Liability insurance can protect you from the expenses associated with bodily injury or death to others caused by your vehicle. It also covers property damage to a vehicle, or any other property belonging to another (such as a building, fence or utility pole). PIP or personal injury protection insurance will cover the medical expenses of you and those of your passengers in the event that you are injured in an accident that is not your fault. It also covers the loss of income or compensation for pain and suffering. Damages for loss of enjoyment of life can compensate you for the negative effect that an accident has had on your daily life for example, if you have missed out on activities that you once enjoyed. Compensation for pain and suffering is designed to help you recover by taking care of your physical discomfort and emotional pain. Property damage can provide the funds needed to repair or replace damaged items or recover their fair market value. Most often, property damage is valued at the replacement cost, which means the amount that you would have to pay to replace your item with a similar item of the same type and quality, minus amortization. If it is necessary funeral costs are included, compensation could be included in a personal injury settlement. Representation Personal injury claims are civil lawsuits which award monetary compensation for individuals who have suffered harm as a result of the negligence or wrongful actions of another. This includes claims arising out of car accidents, work-related injuries, and medical negligence. An attorney who specializes in personal injury can help you evaluate your case and determine you are entitled to. Attorneys typically charge an hourly fee, which means they only get paid when they win your case. This arrangement permits those who have been injured to pursue their claims without the fear of losing money if they lose their lawsuit. You could be awarded general damages in addition to the monetary compensation for the economic losses. These damages cannot be quantifiable the way that special damages are, however they do cover less tangible expenses like suffering and suffering, loss or consortium, emotional distress and defamation. The amount of these damages is determined by the severity of your injuries and how they have affected your life. A knowledgeable lawyer can explain the extent of injuries and their impact on your life to maximize your compensation. Your attorney will interview witnesses and gather evidence to back up your claim. They will also review medical records in order to establish the extent of your injuries as well as the long-term consequences. They will also provide advice about how accepting a settlement can affect your tax liability. Once online have gathered all of the relevant information for your case, your attorney will prepare a complaint. The legal document will contain your legal arguments regarding what the defendant's role was for the accident as well as the amount of damages that you seek. Your lawyer will also file any necessary paperwork with the court. After the complaint has been filed, your lawyer will negotiate with the insurance company on your behalf. This is a complicated task for those who aren't familiar with it, as insurance companies are not interested in paying out significant amounts of money, and they fight to protect their profits. A small error could cost you thousands. It is therefore essential to have a knowledgeable attorney who knows the process.