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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. This is usually awarded by a jury or judge following a trial. Economic damages cover actual expenses such as medical bills and lost wages. Non-economic damages include compensation for emotional distress as well as pain. Damages If someone is injured because due to the negligence of another person or business or business, they are entitled to compensation. Damages are awarded based upon the specific circumstances of the accident. They may be determined by a judge following a trial or by the parties after the settlement negotiations. The following are the most common types of personal injury damages: Economic damages are the actual financial costs or financial losses that are incurred as a result of an accident and injuries. They can be proved with receipts, invoices, and documentation. Future-looking costs like medical bills or loss of earning capacity, and ongoing medical expenses are also included in the economic damages award. The psychological and emotional impact resulted from an injury or accident is known as noneconomic or hedonic damages. These damages are more difficult to assess than financial or expense losses. There is no established formula to determine the value of these damages. Insurance companies use an amount multiplier that is based on the severity and duration of the injuries. The injuries that result from an accident could hinder you from enjoying your daily activities like exercise, hobbies, and even relationships with your family and friends. In this case you could be entitled to “loss-of-enjoyment” damages to compensate for your loss. Lastly emotional distress damages are intended to pay for the anxiety and mental anguish that you've experienced as a result of your injuries. These damages can make up a large part of your compensation package. Punitive damages aren't designed to compensate you for your losses, but rather punish the at-fault party for indecent or reckless behaviour. They are usually awarded only in cases of serious injury or wrongful deaths. If you or someone close to you was injured in an accident, you need to contact an New York City personal injury attorney right away to begin collecting evidence to support your claim for damages. The earlier you begin the process of proving negligence and the magnitude of your losses the more likely that you'll be awarded a fair settlement. Statute of limitations Personal injury claims must be filed within the prescribed timeframe of limitations. This is a time limit after an accident within which can be filed. This protects the person at fault as well as the insurance companies that pay out on these claims. It also gives the victim the chance to claim the compensation that they are entitled to. However the statute of limitations differs by state and case type. An experienced attorney can guide clients on the exact time limit applicable to their particular case and any exceptions that may apply. In some cases the discovery rule can extend a statute past the normal limit of three years. This is because the clock does not begin clocking on claims until the person who has suffered an injury realizes or reasonably should realize that there's an association between their injury and the incident that caused it. This is usually the case with toxic exposure injuries, such as asbestos, however, it could also apply to medical malpractice or cases involving pharmaceutical injury. Some states permit an extension in situations where the victim was minor at the time of the incident. This is due to the fact that they cannot file a lawsuit until they reach adulthood and it may be difficult for them to comprehend the connection between their injury and the reason behind it when they are young. A person's ability to earn money could be considered as part of the damages, especially if they have been disabled from working. In these instances the injured party has the right to claim compensation from their employer for the amount of wages they would have received had they not been disabled from working due to the injury. In the end, it is essential that any injured party seek legal advice as soon as possible following their accident. They should speak with an experienced personal injury lawyer to determine the time-limit for their particular case and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements which provide protection against liability, loss, and damage. This can include auto, health, boatowners, and personal watercraft insurance, as well as property and liability coverage. Annuities, life insurance policies and trusts could be added. Insurance companies may be associated with or independently of financial service providers and can use a variety of business models to sell their products. Liability insurance shields you from the cost of bodily injuries and death caused by you while driving your car. It also covers property damage to a vehicle or property belonging to another (such as fences, buildings or utility pole). PIP or personal injury protection insurance will cover medical expenses as well as those of your passengers if you are injured in an accident that was not your fault. It can also account for 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 life, such as missing out on activities you used to enjoy. Compensation for suffering and pain is designed to restore your health by addressing your physical discomfort and emotional pain. Damages for loss of property may cover the cost to repair or replace your damaged item or to get the fair market value of your item. Damages to property are usually assessed at replacement costs which is the amount you would need to pay to replace the item with a new one of the same quality and type, without taking into account depreciation. A personal injury settlement can include compensation for funeral costs should they be required. Representation Personal injury claims are civil lawsuits which award monetary compensation for individuals who have suffered harm as a result of the negligence or reckless actions of another. This includes claims arising out of injuries sustained at work, car accidents and medical negligence. A personal injury attorney can help you evaluate the situation and determine the compensation you are entitled to. Attorneys typically charge a contingency fee, meaning they only get paid when they win your case. This arrangement allows injured plaintiffs to pursue their cases without the risk of losing money if they fail to succeed in their lawsuit. In addition to the financial damages for your economic losses, you could also be awarded a lump sum of general damages. These damages are not measurable in the same manner as damages for special causes, however they are less tangible, such as pain and suffering, loss of consortium, defamation, and emotional distress. The amount of these damages is determined by the severity of your injuries and how they changed your life. A competent lawyer can show the severity of your injuries and their effects to maximize your compensation. Your attorney will interview witnesses and collect evidence to prove your case. They will go through medical records to establish the extent of your injuries as well as their long-term effects. They will also provide guidance on how settling a case could affect your tax bill. Your lawyer will draft a complaint once they have all the facts necessary for your case. Going On this page will present your legal arguments as to what the defendant's responsibility is for the accident, and it will include the amount of damages you want. Your attorney will file all paperwork required with the court. Your lawyer will negotiate on behalf of you with the insurance company once the complaint has been filed. It can be a complicated procedure for those not experienced with the process, as insurance companies will not pay large amounts of cash and will fight to protect its bottom line. A simple error can cost you thousands. It is therefore essential to hire an experienced lawyer who understands the procedure.