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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 awarded by a jury or judge following a trial. Economic damages cover the actual costs such as 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 business or person or business, they are entitled to be compensated. This is known as “damages.” The amount of damages paid will depend on the circumstances that caused the accident and may be decided by a jury following a trial or agreed upon by the parties following a settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages are the actual expenses or financial losses due to an accident. Receipts and invoices as well as other documentation can be used to prove the existence of these damages. Economic damages could be a result of future expenses like medical expenses and loss of earning potential and ongoing medical care. Hedonic or non-economic damages are the psychological and emotional effects of an injury or accident. They are more difficult to value than the financial or expense loss. There is no standard formula to value these damages, and insurance companies typically employ a multiplier or per diem based on the severity of the victim's injury. Accidental injuries may prevent you from engaging in daily activities such as engaging in exercise, taking part in hobbies or even maintaining a relationship with family and friends. If this is the case, you can be awarded “loss of enjoyment” damages to pay for this loss. Lastly, emotional distress damages are a way to provide you with the financial compensation for the stress and mental stress you've endured as a result your injuries. The award of these damages can be a significant part of your compensation package. Punitive damages don't compensate you for the damages you have endured, but instead punish the person responsible for their blatant or indecent conduct. They are usually awarded only in cases involving serious injury or wrongful death. If you or a loved one was injured in an accident, you need to speak with an New York City personal injury attorney immediately to start gathering evidence and supporting your claim for damages. The earlier you begin the process of proving the negligence and the extent of your losses, the more likely you are to be awarded an equitable settlement. Statute of limitations Personal injury claims must be filed within the timeframes of limitations. This is a period of time after an accident within which a claim may be brought. This safeguards the party at fault and insurance companies that pay on such claims. It also ensures that the victim has a reasonable chance of obtaining the compensation they have earned, since memories fade and evidence may be lost in the course of time. The time limit for filing a claim can differ depending on the state and the type of case. A knowledgeable attorney can advise clients on the time limit applicable to their particular case and any exceptions. In certain circumstances the discovery rule can extend a statute past the normal limit of three years. This is because the clock doesn't start ticking on an injury until the person who has suffered an injury realizes or ought to realize that there is an association between their injuries and the incident that caused it. This is typically 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 allow for an extension of time in cases when the victim was a minor at the time the incident occurred. They aren't able to file a suit until they are older and it is hard to comprehend that their injury was caused by someone else when they are younger. Another potential issue is that an injury might hinder a person's ability earn money in the future, and this can be considered part of damages, especially in the event that they are unable to working. In these cases the person who has suffered an injury is entitled to a reimbursement from their employer for income they would have earned had they not been unable to work because of their injury. Ultimately, it is vital that anyone injured seek legal advice as soon as they can after the accident. They should consult an experienced personal injury lawyer to determine the time limit is for their case and to discuss any potential exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies which protect against liability, loss and damage. It can refer to insurance for health, auto, boat owners and personal watercraft insurance, as well as insurance for liability and property. You Tube , annuities and trusts may also be included. Insurance companies can be associated with financial services providers or operate independently. They can also use various of business models to provide their services. Liability insurance will protect you from the costs that come with a bodily injury, or death of someone else caused by your car. It can also cover damages to property caused by another's vehicle or other property (such as a fence, building or utility pole). PIP or personal injury protection insurance covers your medical expenses and the expenses of your passengers if you are injured in an accident that was not your fault. This insurance can also cover lost income and compensation for pain or suffering. Damages for the loss of enjoyment in life could compensate you for the negative impact that an accident has had on your life like missing out on activities that you used to enjoy. Pain and suffering compensation is intended to restore your health by addressing the physical discomfort as well as your emotional pain. Loss of property damages may be used to pay for the repair or replace damaged items, or recover their fair market value. Most often, property damage is valued at the cost of replacement that is, the amount you'd need to pay to replace your item with a similar item of the same type and quality, without deducting depreciation. A personal injury settlement could include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits which award monetary compensation for individuals who have suffered harm as a consequence of the negligence or willful conduct of another party. This includes claims arising from injuries sustained at work, car accidents and medical malpractice. An attorney with expertise in personal injury can assist you assess your case and determine much compensation you may be entitled to receive. Attorneys typically charge a contingency fee, meaning they are only paid for winning your case. This arrangement allows those who have been injured to pursue their claims without worry of losing money in the event they lose their lawsuit. You could also be awarded general damages in addition to the monetary compensation for your economic losses. These damages cannot be quantifiable the way that special damages are, however they do cover lesser tangible costs such as pain and suffering loss or consortium, defamation and emotional distress. The amount of damages is determined by the severity of your injuries and how they have changed your life. A skilled lawyer can demonstrate the extent of your injuries and their effect on you to maximize your compensation. Your lawyer will question witnesses and collect evidence to back up your claim. He or she will also review medical records to demonstrate the severity of your injuries as well as their long-term impacts. They will also offer advice on how settling a case could affect your tax bill. Your attorney will draft a formal complaint once they have all the information required for your case. This legal document will outline your legal arguments as to what the defendant's responsibility is for the accident, and will include the amount of damages you are seeking. Your lawyer will also file any relevant paperwork with the court. Once 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 large amounts of money and fight to protect their bottom line. One mistake can result in thousands of dollars, so it is essential to have an experienced attorney on your side who is well-versed in the process.