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What Is a Personal Injury Claim? A personal injury claim is a formally processed assertion of the right to monetary compensation. The compensation is usually granted by a jury or judge after a trial. Economic damages cover the actual costs like medical bills and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured because by the negligence of a business or person, they have a right to be compensated. You Tube are determined based on the circumstances of the accident and can be decided by a court after an investigation or 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 as a result of an accident. Receipts, invoices and other documentation can be used to prove these damages. Economic damages may include future foreseeable costs, such as medical costs as well as loss of earning potential and ongoing care. Hedonic or non-economic damages are psychological and emotional effects of an injury or accident. They are more difficult to quantify than the cost or financial loss. There is no formula that can be used for valuing these damages. Insurance companies use a multiplier based upon the severity and duration of the injuries. Injuries resulting from an accident can prevent you from enjoying the day-to-day pursuits of life like exercise, hobbies and even relationships with family and friends. In this case, you may be entitled to “loss-of-enjoyment” damages to compensate for your loss. Finally, emotional distress damages are intended to pay for the anxiety and mental anguish you have endured as a result your injuries. The award of these damages could be a significant component in your compensation package. Punitive damages are not intended to compensate you for the damages you have suffered, but rather penalize the person at fault for their outrageous or unconscionable conduct. These are usually awarded only in cases of serious injury or wrongful deaths. If you or a loved one has been injured in an accident, it's important to speak with a New York City personal injury attorney immediately to start gathering evidence to support your claim for damages. The sooner you begin the process of proving your negligence and extent of your losses the more likely it will be that you will receive a fair settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a period of time following an accident when claims can be brought. This is beneficial to both the party at fault and insurance companies who pay out on the claims. This also gives the victim the chance to claim the compensation that they are entitled to. However, the statute of limitations is different depending on the state and the type of case. A knowledgeable lawyer will be able to advise clients of the specific statute of limitations that applies to their cases and any exceptions that could apply. For instance, in certain circumstances, the discovery rule could extend a statute of limitations past the normal limit of three years. This is because the clock does not begin clocking on an injury until the injured party realizes or should reasonably be aware that there's a connection between their injury and the event that caused it. This is the case with toxic exposure injuries like asbestos. It could be relevant to medical negligence or pharmaceutical injury cases. Some states even permit an extension in situations where the victim was minor at the time of the incident. This is because they cannot file a lawsuit until they reach the age of majority, and it can be difficult for them to understand the connection between their injuries and the reason for it when they are young. A person's ability to earn money can also be considered as part of the damage, particularly when they are restricted from working. In these instances the person who was injured is entitled to reimbursement from their employer for earnings they could have earned had they not been unable to go to work due to their injury. Ultimately, it is vital that the person who has been injured seek legal advice as soon as possible following their accident. A personal injury lawyer can assist them determine the time limit 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 protect against loss, liability and damage. It can include insurance for liability and property as along with health boatowners', auto and personal watercraft coverage. Annuities, life insurance policies and trusts could be added. Insurance companies may be affiliated with financial services providers or operate on their own. They can also use various business models to offer their services. Liability insurance will protect you from the costs associated with a bodily injury or death of someone else that you cause while driving your car. It also covers property damage to a vehicle or property belonging to another (such as a fence, building or utility pole). PIP or personal injury protection insurance will cover medical expenses as well as those of your passengers in the event that you are injured in an accident that was not your fault. It also covers 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 like missing the activities you once enjoyed. Compensation for suffering and pain is intended to restore your health by taking care of your physical discomfort and emotional distress. Damages due to the loss of property could cover the cost to repair or replace damaged items or recuperate its fair market value. Property damages are usually valued at replacement costs, which is the amount you would be required to pay to replace the item with one similar quality and kind, without taking into account depreciation. A personal injury settlement can include compensation for funeral expenses, 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 wrongful actions of another. This includes claims arising out of injuries sustained at work, car accidents and medical negligence. A personal injury attorney can assist you in evaluating the case and determine what compensation you are entitled to. Lawyers are typically paid on a contingency basis which means they only get paid if they succeed in your case. This arrangement allows injured plaintiffs to pursue their cases without the risk of losing money if they don't win their case. In addition to the financial damages for your economic losses, you could be awarded a lump sum of general damages. These damages aren't quantifiable the way that special damages are, but they do include less tangible costs like suffering and suffering loss or consortium, emotional distress, and defamation. The amount of damages depends on the severity of your injury and how it has affected your life. A skilled lawyer can demonstrate the extent of your injuries and the impact they have had on you in order to maximize your compensation. Your attorney will collect evidence to support your case and speak with witnesses. They will go through medical records in order to determine the severity of your injuries and their long-term effects. They can also give you information on how accepting a settlement could affect your tax bill. Your lawyer will draft a complaint once they have all the evidence needed to prove your case. The legal document will contain your legal arguments on what the defendant's role was for the accident and the amount of damages you want. Your attorney will file all necessary paperwork with the court. Your attorney will negotiate on your behalf with the insurance company after the complaint has been filed. This is a complicated undertaking for the uninitiated, because insurance companies aren't interested in paying large amounts of money and fight to protect their bottom line. A mistake could result in thousands of dollars, which is why it is important to have a seasoned attorney on your side who knows the procedure.