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What Is a Personal Injury Claim? A personal injury claim is a legally processed assertion of the right to monetary compensation. The compensation is usually granted by a judge or jury following an investigation. Economic damages are a way to cover actual costs such as medical expenses and lost wages. Non-economic damages include compensation for emotional distress as well as suffering. Damages If someone is injured as a result of the negligence of another company or individual's or wrongful conduct and is injured, they are entitled to compensation for their losses. This is known as “damages.” The amount of damages paid will depend on the circumstances of the accident, and could be decided by a jury following an investigation or agreed upon by the parties following the settlement negotiation. The following are common types of personal injury damages: Economic damages represent the actual financial costs or financial losses incurred as a result of an accident or injuries. Receipts and invoices as well as other documentation can be used to prove these damages. Economic damages may include future costs that are foreseeable including medical expenses as well as loss of earning potential, and ongoing care. Hedonic or non-economic damages are the emotional and psychological impact of an injury or accident. They are more difficult to value than expenses or financial losses. There is no set formula to assess these damages and insurance companies usually employ a multiplier or per diem determined by the severity of the victim's injury. Accidental injuries may prevent you from engaging in everyday activities such as engaging in exercise, taking part in hobbies or even maintaining a relationship with friends and family. If this is the case, you can be awarded “loss of enjoyment” damages to compensate you for the loss. Finaly emotional distress damages are a way to compensate you for the mental stress and fear you've endured due to your injuries. These damages can make up an important portion of your compensation package. Punitive damages do not compensate you for the damages you have suffered, but rather penalize the person at fault for their blatant or indecent conduct. They are typically granted only in the event of serious injury or death. If you or a loved one was injured in an accident, it's important to speak with an New York City personal injury attorney right away to begin collecting evidence and support for your claim for damages. The sooner you start the process of proving the negligence and the extent of your losses the more likely you are to receive an equitable settlement. Statute of limitations Personal injury claims must be filed within the timeframes of limitations. This is a time frame after an accident within which claims can be brought. This safeguards the party at fault and insurance companies who pay on such claims. It also ensures that the victim has a fair chance of obtaining the compensation they are entitled to, since memories fade and evidence may be lost in the course of time. The time limit for filing a claim can differ by state and the type of case. An experienced attorney can advise clients on the statute of limitations applicable to their case and any other exceptions. In certain cases the discovery rule can extend a statute of limitations beyond its normal three-year limit. The clock does not start to run on a claim until the injured party is aware or reasonably should be aware of an association between their injury and the incident that caused it. This is especially true for toxic exposure injuries such as asbestos. It can be relevant to medical malpractice or pharmaceutical injury cases. Some states even permit an extension in cases where the injured party was a minor at the time of the incident. This is because they cannot bring a lawsuit until they reach the age of majority and it is difficult for them to understand the connection between their injuries and the cause of it when they're young. A person's future ability to earn a living can be considered as part of the damages, particularly if they have been disabled from working. In these instances the person who was injured is entitled to a reimbursement from their employer for wages they would have earned had they not been prevented from going to work due to their injury. It is important that injured parties seek legal advice as quickly as they can following an accident. A personal injury lawyer can help them determine the statute of limitations for their particular case, as well as discuss any possible exceptions. Insurance coverage Insurance coverage is the broad term used to describe policies or agreements that safeguard against liability, loss and damage. YouTube could include insurance for liability and property as well as health, auto, boatowners' and personal watercraft insurance. Life insurance policies, annuities and trusts may be added. Insurance companies can be associated with or operate independently of financial services providers and can employ different business models to provide their services. Liability insurance can protect you from the expenses associated with a bodily injury or death to someone else that you cause while operating your car. It also covers the cost of property damage to another's vehicle or other property (such as the fence, a building or utility pole). Personal injury protection, also known as PIP insurance covers medical expenses for you and your passengers who are injured in a collision that is not your fault. It also covers lost income and compensation for pain and suffering. The loss of enjoyment in life damages can compensate for the negative impact that an accident has on your daily life. For instance, you may have missed out on the activities you used to enjoy. Compensation for suffering and pain is intended to restore your health by taking care of your physical discomfort and emotional distress. Loss of property damages may provide the funds needed to repair or replace damaged items or even recover their fair market value. In general, property damages are valued at the cost of replacement which is the amount you'd need to pay to replace your item with a similar item of the same kind and quality, without deducting depreciation. A personal injury settlement can include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits that award monetary compensation for individuals who have suffered harm as a consequence of the negligence or willful 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 case and determine what compensation you are entitled to. Lawyers are typically paid on a contingency basis, meaning they only get paid if you win your case. This arrangement allows injured plaintiffs to pursue their cases without risking losing money if they do not succeed in their lawsuit. In addition to the monetary damages for your economic losses, you could also be awarded a lump sum of general damages. These damages 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 these damages is determined by the severity of your injuries and how they have changed your life. A competent lawyer can show the severity of your injuries and their impact to maximize your compensation. Your attorney will collect evidence to support your case and speak with witnesses. He or she will review medical records to determine the severity of your injuries as well as the long-term consequences. They will also offer information on how accepting a settlement could affect your tax bill. After they have gathered all of the necessary information for your case, your lawyer will prepare a complaint. This legal document will include your legal arguments as to the reason why the defendant is responsible for the accident as well as the amount of damages you want. Your attorney will also file any relevant paperwork with the court. Your attorney will negotiate on your behalf with the insurance company after the complaint has been filed. It can be a complicated procedure for those who are not familiar with the procedure, since insurance companies do not pay large sums of cash and will fight to protect their bottom line. One misstep can cost you thousands of dollars, and it is crucial to have a seasoned attorney on your side who is well-versed in the process.