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What Is a Personal Injury Claim? A personal injury claim is a formally filed claim to the right to monetary compensation. This compensation is usually awarded by a judge or jury after an investigation. Economic damages cover actual expenses like medical bills and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured as a result of the negligence of another company or individual's actions and is injured, they are entitled to compensation for their loss. Damages are determined based on the circumstances of the accident and may be determined by a judge following an investigation, or by the parties following the settlement negotiations. Personal injuries can be classified into the following categories: Economic damages represent the actual monetary expenses or financial losses incurred as the result of an accident or injuries. They can be proved with receipts, invoices, and other documentation. Future foreseeable costs such as medical bills or loss of earning capacity and ongoing care costs can also be included in the economic damages awarded. Hedonic or non-economic damages are psychological and emotional effects of a collision or injury. They are more difficult to quantify than the expense or financial loss. There is no standard formula to determine the value of these damages, and insurance companies typically employ a multiplier, or per diem determined by the severity of the injury. Accident-related injuries can hinder your enjoyment of your daily activities like sports, exercise and even relationships with family and friends. In this situation you could be entitled to “loss-of-enjoyment” damages as compensation for the loss. In the end emotional distress damages are a way to provide you with the financial compensation for the stress and mental anguish that you've endured as a result 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 behaviour. They are typically awarded only in the case of serious injury or death. If you or a loved one has been 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 earlier you begin the process of proving your negligence and the extent of your losses, the more likely you will get a fair settlement. Statute of limitations Personal injury claims must be filed within the timeframes of limitations. This is a period of time after an accident that can be filed. This protects the at-fault party as well as the insurance companies that pay out on these claims. It also ensures that the victim has a realistic chance of recovering the amount they are entitled to, as memories fade and evidence can be lost in the course of time. However, the statute of limitations differs according to the state and type of case. An experienced attorney can guide clients on the statute of limitations applicable to their particular case and any exceptions. In certain instances, the discovery rule may extend a statute of limitations beyond its normal three-year limit. The clock does not start to run on a claim until an injured party is aware or ought to be aware that there is an association between their injury and the incident that caused it. This is especially true for toxic exposure injuries like asbestos. It may be relevant to medical malpractice or pharmaceutical injury claims. Some states allow for an extension of time in cases where the injured person was a minor when the incident occurred. This is due to the fact that they cannot sue until they reach adulthood and it is difficult for them to understand the connection between their injuries and the reason behind it while they are still young. A person's ability to earn money could be considered a part of the damage, particularly in the event that they were prevented from working. In these situations, the injured party has the right to claim compensation from their employer for the amount of wages they would have received in the event that they weren't restricted from working because of the injury. It is essential that injured parties seek legal advice as quickly as they can after their accident. A personal injury lawyer can help them determine the statute of limitation for their case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements which provide protection against loss, liability and damage. This can 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 can be affiliated with or independent of financial service providers and can use various business models to offer their products. Liability insurance will protect you from the expenses associated with bodily injury or death of someone else that you cause while driving your vehicle. It can also cover property damage to a vehicle or other property belonging to another (such as a fence, building or utility pole). PIP or personal injury protection insurance covers the medical expenses of you and those of your passengers if you are injured in an accident that was not your fault. The insurance also covers lost income as well as compensation for pain or suffering. Damages for the loss of enjoyment can compensate you for the negative impact that an accident has had on your life like missing out on activities you used to enjoy. Compensation for pain and suffering is designed to help you recover by dealing with your physical discomfort and emotional stress. Damages to property can provide the funds needed to repair or replace damaged items or even recover their fair market value. Damages to property are typically valued at replacement costs which is the amount you'd have to pay to replace the item with a new one of the same type and design without incorporating depreciation. A personal injury settlement can include compensation for funeral expenses in the event of a need. Representation A personal injury claim is a civil suit which awards monetary compensation to individuals who have suffered harm as the result of the negligence or willful conduct. This includes claims that arise from injuries sustained at work, car accidents and medical negligence. An attorney with expertise in personal injury can help you evaluate your case and determine much compensation you could be entitled to. Attorneys typically charge a contingency fee, which means they are only paid for winning your case. This arrangement allows plaintiffs who have suffered injury to pursue their claims without risking losing money if they fail to win their case. You 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 manner as damages for special circumstances, but they include less tangible costs like pain and suffering as well as 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 demonstrate the extent of your injuries and their impact on you to maximize your compensation. Your lawyer will question witnesses and collect evidence to back up your claim. He or she will examine medical records to determine the extent of your injuries as well as the long-term consequences. They will also provide advice on how accepting a settlement might affect your taxes. Your attorney will draft a formal complaint once they have all the facts necessary for your case. This legal document will present your legal arguments for why the defendant is responsible for the accident, and will state an amount of damages you want. Your lawyer will file all paperwork required with the court. After Info is filed, your lawyer will then negotiate with the insurance company on your behalf. This can be a difficult undertaking for the uninitiated, as insurance companies are not keen on paying large sums of money and will fight to protect their bottom line. A small error could cost you thousands. It is therefore essential to have a knowledgeable lawyer who understands the procedure.