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What Is a Personal Injury Claim? A personal injury claim is a formal processed assertion of the right to financial compensation. The amount of compensation is typically given by a jury or judge after the trial. Economic damages refer to actual costs, such as medical bills or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured because of another person or company's negligent behavior the person is entitled to compensation for their loss. Damages are determined based on the accident circumstances and may be determined by a judge following an investigation or by the parties following an agreement to settle. Personal injury damages can be classified into the following categories: Economic damages are the actual costs in terms of money or financial losses incurred as the result of an accident or injuries. These can be proven with receipts, invoices, and other documentation. Future foreseeable costs such as medical bills and loss of earning capacity, and ongoing costs for care can also be included in the economic damages award. Hedonic or non-economic damages are emotional and psychological impact of a collision or injury. These damages are more difficult to value than expenses or financial losses. There is no set formula to determine the value of these damages, and insurance companies often employ a multiplier, or per diem based on the severity of the victim's injury. Accidental injuries can prevent you from engaging in daily activities like engaging in exercise, taking part in hobbies or even maintaining a relationship with friends and family. In this situation you may be entitled to “loss-of-enjoyment” damages to compensate for the loss. Lastly emotional distress damages are intended to compensate you for the fear and mental anguish you have suffered as a result of your injuries. The amount you receive for these damages can be a major component of your compensation package. Punitive damages don't pay for the losses you've suffered, but rather penalize the party at fault for their outrageous or unconscionable conduct. These are typically awarded only in cases involving serious injury or wrongful death. If you or someone close to you was injured in an accident, it's crucial to speak with a New York City personal injury attorney right away to begin collecting 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 statutes of limitations. This is a time limit after an accident within which claims can be brought. 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 fair chance of recovering the amount they are entitled to, since memories fade and evidence may be lost in the course of time. However, the statute of limitations differs by state and case type. An experienced attorney can guide clients on the statute of limitations applicable to their particular situation and any other exceptions. In certain circumstances the discovery rule could extend a statute past its normal limit of three years. This is because the clock doesn't start clocking on a claim until the person who has suffered an injury realizes or should reasonably be aware that there's an association between their injury and the event that caused it. This is typically the case with toxic exposure injuries, like asbestos, but could also apply to medical malpractice cases or cases involving pharmaceutical injuries. Certain states even permit an extension in cases where the injured party was an under-age person at the time of the incident. They are not able to file a lawsuit until they reach the age of adulthood and it is hard to comprehend the fact that their injuries were caused by another person when they were younger. Another possibility is that an injury could affect a person's ability to earn money in the future, which could be considered part of the damages, particularly if they are prevented from working. In these situations the person who was injured is entitled to a reimbursement from their employer for the earnings they could have earned if they had not been prevented from going to work due to an injury. Ultimately, it is vital that any injured party seek legal advice as soon as they can after their 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 provide protection against liability, loss, and damage. It can include insurance for liability and property as well as health, boatowners', auto and personal watercraft insurance. Life insurance policies, annuities and trusts could be added. Insurance companies can be associated with financial services companies or operate independently. They can also utilize different business models to sell their products. Liability insurance protects you against the cost of bodily injury and death resulting from your actions while driving your car. It also covers property damage to a vehicle, or any other property belonging to someone else (such as fences, buildings or utility pole). Personal injury protection or PIP insurance will cover medical expenses for you and your passengers who are injured in a crash that is not your fault. It may also cover loss of income or compensation for pain and suffering. The loss of enjoyment in life-altering injuries can compensate for the negative impact an accident has on your daily life. For example you might have missed out on activities that you once enjoyed. Pain and suffering compensation is intended to make you whole by dealing with your physical discomfort as well as your emotional pain. Damages to property can be used to pay for the repair or replace damaged objects, or even recover their fair market value. Property damages are usually valued at replacement costs, which is the amount you would need to pay to replace the item with one of the same quality and design without incorporating depreciation. A personal injury settlement may include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits that award monetary compensation to individuals who suffered harm as a consequence of the negligence or willful behavior of another. This includes claims arising out of injuries sustained at work, car accidents or medical malpractice. An attorney who is specialized in personal injury will help you evaluate your case and determine much compensation you may be entitled to. Lawyers are typically paid on a contingency basis which means they only receive compensation if you succeed in your case. This arrangement allows plaintiffs who have suffered injuries to pursue their claims without worry of losing money if they lose their lawsuit. In addition to the financial damages for your economic losses, you could also be awarded a sum called general damages. Recommended Web site are not quantifiable in the same way as special damages, but they cover less tangible costs such as pain and suffering, loss of 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 knowledgeable lawyer can explain the extent of injuries and their impact to maximize your compensation. Your attorney will speak with witnesses and gather evidence to prove your case. 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 settling a case could affect your tax bill. Your lawyer will draft a complaint once they have all the evidence required for your case. This legal document will outline your legal arguments as to the reasons why the defendant is accountable for the accident, and it will state an amount of damages you're seeking. Your lawyer will file all the necessary paperwork with the court. Your lawyer will negotiate on your behalf with the insurance company once the complaint has been filed. This can be a difficult task for those who aren't familiar with it, since insurance companies aren't interested in paying large amounts of money and fight to protect their bottom line. A mistake could cost you thousands of dollars, so it is important to have a seasoned attorney to your side who is well-versed in the process.