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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. The amount of compensation is typically given by a judge or jury after an investigation. Economic damages include actual expenses, such as medical bills or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages When someone is injured because of the negligence of another company or individual's behavior the person is entitled to compensation for their loss. Damages are awarded based upon the circumstances of the accident and may be determined by a court after a trial or by the parties following a settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages are the actual monetary expenses or financial losses incurred as a result of an accident or injuries. They can be proved by receipts, invoices and documentation. Economic damages could include future costs that are foreseeable, such as medical costs as well as loss of earning potential and ongoing care. Hedonic or non-economic damages are the psychological and emotional consequences of an injury or accident. These damages are harder to quantify than financial or expense losses. There is no standard formula to determine the value of these damages, and insurance companies usually employ a multiplier or per diem depending on the severity of the victim's injury. The injuries that result from an accident could hinder you from enjoying your daily activities such as exercise, hobbies and even relationships with family and friends. In this case, you may be entitled to “loss-of-enjoyment” damages to compensate for your loss. Finality emotional distress damages are a way to compensate you for the mental anguish and anxiety you've experienced because of your injuries. The award of these damages could be a major component of your compensation package. Punitive damages are not designed to compensate you for your losses, but rather punish the person at fault for egregious or outrageous conduct. These are usually granted only in the event of serious injury or wrongful deaths. If you or a loved one was injured in an accident, it's crucial to speak with a New York City personal injury attorney as soon as possible to begin gathering evidence and supporting your claim for damages. The sooner you start the process of proving your fault and the extent of your losses the more likely you are to get an equitable settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time frame after an accident that can be filed. This is beneficial to both the party who was at fault as well as the insurance companies that pay on these claims. It also ensures that the victim has a reasonable chance of recovering the amount they are entitled to, as memories fade and evidence may be lost in the course of time. The statute of limitations may differ depending on the state and type of case. An experienced attorney can advise clients of the specific statute of limitations that applies to their case, as well as any exceptions that may apply. In certain cases the discovery rule can extend a statute of limitations past its normal three-year limit. The clock does not begin to run on a claim until an 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 injuries. Some states even allow for an extension in cases where the injured party was a minor at the time of the incident. This is due to the fact that they cannot bring a lawsuit until they reach the age of majority and it may be difficult for them to comprehend the connection between their injuries and the reason for it when they're young. The future ability of a person to earn money could be considered as part of the damages, particularly if they have been restricted from working. In these instances the injured party has the right to receive compensation from their employer for the wages they would have earned had they not been restricted from working because of their injury. It is essential that injured parties seek legal advice as soon as they can after their accident. A personal injury lawyer can help them determine the statute of limitations 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 which protect against loss, liability, and damage. It could include property and liability insurance as in addition to health insurance, auto, boatowners' and personal watercraft insurance. Annuities, life insurance policies and trusts may be added. Insurance companies may be associated with or operate independently of financial services providers and can use a variety of business models to offer their products. Liability insurance will protect you from the expenses associated with bodily injury or death to others that you cause while driving your vehicle. It can also cover property damage to a vehicle or property of another (such as a building, fence or utility pole). PIP or personal injury protection insurance covers the medical expenses of you and the expenses of your passengers if you are injured in an accident that is not your fault. It may also cover 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 like missing the activities you once enjoyed. Compensation for pain and suffering is designed to help you recover by taking care of the physical discomfort as well as your emotional pain. Damages for loss of property can cover the cost to repair or replace your damaged item or to get the fair market value of your item. In general, property damages are valued at the replacement cost, which means the amount you would need to pay to replace your item with one of the same type and quality, without deducting depreciation. If needed, compensation for funeral costs can be included in a personal injury settlement. Representation Personal injury claims are civil lawsuits that award financial compensation to individuals who suffered harm as a result of the negligence or wrongful actions of another. This includes claims that arise from injuries sustained at work, car accidents, and medical negligence. Additional Info can help you evaluate the situation and determine the compensation you are entitled to. Lawyers are typically paid on a contingency basis, which means that they only get paid if they win your case. This arrangement permits injured plaintiffs to pursue their claims without risking losing money if they don't prevail in their lawsuit. You may be awarded general damages in addition to the financial compensation you receive for the economic losses. These damages cannot be quantified in the same way as special damages, but they are less tangible, like pain and suffering, loss of consortium, defamation, and emotional distress. The amount of damages you receive will depend on the severity of your injury and how it has affected your life. A skilled lawyer can demonstrate the extent of injuries and their effects to maximize your compensation. Your attorney will collect evidence to support your case and speak with witnesses. They will go through medical records in order to determine the severity of your injuries as well as their long-term effects. They can also advise you about how accepting a settlement could affect your tax bill. Once they have gathered all of the information needed for your case, your attorney will draft an accusation. This legal document will present your legal arguments for the reasons why the defendant is accountable for the accident, and will include the amount of damages you want. Your lawyer will file all paperwork required with the court. Your lawyer will negotiate on your behalf with the insurance company once the complaint has been filed. It is a complex process for those who are not experienced with the process, as insurance companies are not willing to pay out large sums of cash and will fight to protect its bottom line. One misstep can cost you thousands of dollars, which is why it is crucial to have an experienced attorney to your side who is familiar with the process.