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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. The compensation is usually awarded by a judge or jury after the trial. Economic damages cover actual expenses such as medical bills and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured because due to the negligence of another business or person the injured party has a right to compensation. Damages are awarded based on the specific circumstances of the accident. They can be decided by a judge following a trial, or by the parties after an agreement to settle. The following are the most common kinds of personal injury damages: Economic damages represent the actual costs in terms of money or financial losses incurred as the result of an accident and injuries. Receipts and invoices as well as other documentation can be used to prove the damages. Future costs that are foreseeable, such as medical bills, loss of earning capacity and ongoing costs for care can also be included in the economic damages award. The emotional and psychological impact caused by an accident or injury is referred to as noneconomic or hedonic damages. These damages are harder to value than expense or financial losses. There is no established formula to determine the value of these damages. Insurance companies employ a multiplier based upon the severity and duration of the victim's injuries. Accidental injuries can stop you from engaging in everyday activities like exercising, enjoying hobbies, or even maintaining relationships with family and friends. If this is the case, you may be awarded “loss of enjoyment” damages to compensate you for the loss. Lastly emotional distress damages are intended to pay for the anxiety and mental anguish you have suffered as a result of your injuries. These damages can make up a large part of your compensation package. Punitive damages are not designed to compensate you for your losses, but rather punish the at-fault party for their outrageous or egregious behaviour. They are usually granted only in cases that involve serious injury or wrongful death. If you or someone close to you was injured in an accident, you need to speak with an 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 negligence and the magnitude of your losses, the more likely that you will receive an equitable settlement. Statute of limitations It is important that personal injury claims are filed within the statute of limitations which is a defined time frame following an accident in which a claim may be made. This protects the at-fault party, as well as insurance companies that pay out on these claims. It also ensures that the victim has a fair chance of obtaining the compensation they are entitled to, as memories fade and evidence may be lost in the course of time. The statute of limitations may vary by state and the type of case. A knowledgeable lawyer will be able to inform clients of the specific time limit applicable to their case, as well as any exceptions that may apply. In certain cases the discovery rule can extend a statute beyond the normal limit of three years. 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 which caused it. This is typically the case with toxic exposure injuries, like asbestos, but could also be relevant in medical malpractice cases or pharmaceutical injury cases. Certain states allow an extension of time in cases where the person who was injured was a minor at the time the incident occurred. Suggested Website to file a suit until they are adults and it can be difficult for them to understand the fact that their injuries were caused by someone else when they're younger. The future ability of a person to earn money can also be considered as part of the damages, particularly if they have been restricted from working. In these situations the person who has suffered an injury is entitled to a reimbursement from their employer for the wages they would have earned had they not been unable to work due to their injury. It is crucial that injured parties seek legal advice as quickly as possible following their accident. They should speak with an experienced personal injury lawyer to determine the statute of limitations is for their case and to discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to describe agreements or policies that protect against loss, liability and damage. This can include insurance for health, auto, boat owners, and personal watercraft insurance as well as insurance coverage for property and liability. It may also include life insurance trusts, annuities and policies. Insurance companies can be associated with or independently of financial services providers and may use different business models to offer their services. 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 property belonging to someone else (such as fences, buildings or utility pole). Personal injury protection, also known as PIP insurance covers medical expenses for you and your passengers who are injured in a crash that is not your fault. It may also cover lost income or compensation for pain and suffering. Damages for the loss of enjoyment in life could compensate you for the negative effect that an accident has had on your daily life, such as missing out on activities you used to enjoy. Compensation for suffering and pain is designed to make you whole again by taking care of your physical discomfort and emotional distress. Damages for loss of property may provide the funds needed to repair or replace your damaged items or recuperate its fair market value. Damages to property are usually assessed at replacement costs which is the amount you'd have to pay to replace the item with a new one similar quality and type, without taking into account depreciation. If necessary funeral costs are included, compensation could be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits which award monetary compensation to individuals who suffered harm as a consequence of the negligence or wrongful conduct of another party. This could include claims arising out of accidents at work, car accidents, and medical negligence. An attorney for personal injuries can help you assess the case and determine the compensation you are entitled to. Attorneys typically charge a contingency fee, which means they are only paid when they win your case. This arrangement permits plaintiffs who have been injured to pursue their claims without the fear of losing money if they lose their lawsuit. You could be awarded general damages in addition to the monetary compensation for the economic losses. These damages are not measurable in the same way 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 determined by the severity of your injuries and how they have affected your life. A competent lawyer can show the severity of your injuries and the impact they have had on you to maximize your compensation. Your attorney will interview witnesses and collect evidence to prove your case. He or she will look over medical records to show the severity of your injuries as well as their long-term effects. They can also advise you on how accepting a settlement could impact your taxes. Your attorney will draft a complaint after they have all the evidence required for your case. This legal document will set forth your legal arguments for the reasons why the defendant is accountable for the accident, and will include the amount of damages you're seeking. Your lawyer will file all necessary paperwork with the court. Your attorney 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 familiar with the process, as insurance companies are not willing to pay large amounts of cash and will fight to protect its bottom line. A single mistake can cost you thousands. Therefore, it is essential to work with an experienced attorney who knows the process.