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What Is a Personal Injury Claim? A personal injury claim is a formally processed claim for the right to financial compensation. This compensation will usually be granted by a jury or judge after the trial. Economic damages cover the actual costs such as medical expenses and lost wages. Non-economic damages include compensation for emotional distress and suffering. Damages When someone is injured as a result of the negligence of another company or individual's actions and is injured, they are entitled to compensation for their losses. Damages are awarded based upon the accident circumstances and may be determined by a court after an investigation, or by the parties after a settlement negotiation. Personal injuries can be classified into the following categories: Economic damages represent the actual financial costs or financial losses incurred as the result of an accident or injuries. They can be proved with receipts, invoices, and documentation. Economic damages may be a result of future expenses including medical expenses, loss of earning potential and ongoing care. The psychological and emotional impact that is caused by an accident or injury is known as noneconomic or hedonic damages. They are more difficult to value than expense or financial losses. There is no set formula to assess these damages and insurance companies usually use a multiplier or per diem determined by the severity of the injury. Accident-related injuries could hinder you from enjoying the day-to-day pursuits of life such as exercise, hobbies and even relationships with your family and friends. In this case, you may be entitled to “loss-of-enjoyment” damages to compensate for the loss. Finality emotional distress damages are a way to compensate you for the mental apprehension and fear you have experienced because of your injuries. These damages could constitute the majority of your compensation package. Punitive damages don't compensate you for the losses you have suffered, but rather penalize the person responsible for their outrageous or egregious actions. They are usually awarded only in cases of serious injury or wrongful deaths. If you or a loved one was injured in an accident, it's crucial to contact an New York City personal injury attorney immediately to start gathering evidence and support for your claim for damages. The sooner you start the process of proving your negligence and the magnitude of your losses the more likely you are to receive an equitable settlement. Statute of limitations It is important that personal injury claims are filed within the timeframe of the statute of limitations which is a predetermined period of time after an accident in which a claim may be made. This protects both the party responsible and the insurance companies who pay out on the claims. This also gives the victim an opportunity to collect the compensation that they are entitled to. The time limit for filing a claim can vary by state and type of case. An experienced attorney can advise clients on the time frame applicable to their case and any exceptions. For example, in some circumstances, the discovery rule could extend a time-limit beyond the normal limit of three years. The clock does not start to run on a claim until the injured person is aware or should be aware that there is a link between their injury and the incident which caused it. This is often the case with toxic exposure injuries, such as asbestos, however, it could also be relevant in medical malpractice cases or pharmaceutical injury cases. Certain states even permit an extension in cases where the injured party was a minor at the time of the incident. They aren't able to file a suit until they reach the age of adulthood and it is hard to comprehend that their injury was caused by someone else when they are younger. A person's ability to earn money can also be considered to be a part of the damages, particularly if they have been restricted from working. In these cases the person who was injured is entitled to a reimbursement from their employer for income they would have earned if they had not been unable to work due to their injury. It is crucial that injured parties seek legal advice as soon as they can following an accident. They should consult with an experienced personal injury lawyer to determine what the time-limit for their case, and to discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies which protect against loss, liability and damage. This could include insurance for health, auto, boat owners, and personal watercraft insurance, in addition to insurance coverage for property and liability. Life insurance policies, annuities and trusts could also be included. Insurance companies may be affiliated with financial services companies or operate on their own. They may also employ various of business models to provide their services. Liability insurance protects you against the costs of bodily injury and death that you cause when driving your car. It also covers the cost of damages to property caused by the vehicle of another or to other property (such as a fence, building or utility pole). PIP or personal injury protection insurance will cover medical expenses as well as the expenses of your passengers if you are injured in an accident that was not your fault. It may also cover loss of income or compensation for pain and suffering. Damages for the loss of enjoyment can compensate you for the negative impact that an accident has had on your daily life, such as missing out on activities that you once enjoyed. look here and suffering compensation is intended to restore your health by dealing with both your physical discomfort and your emotional distress. Damages to property can be used to pay for the repair or replace damaged items, or to recover their 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 of the same type and design, without taking into account depreciation. A personal injury settlement can include compensation for funeral expenses should they be required. Representation Personal injury claims are civil lawsuits which award monetary compensation to those who have suffered injury as a result of the negligence or willful actions of another. This can include claims arising from accidents at work, car accidents, and medical malpractice. A personal injury lawyer can assist you in evaluating the case and determine the compensation you are entitled to. Attorneys typically are paid on a contingency basis, which means they only receive compensation if you succeed in 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 financial compensation you receive for your economic losses. 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, emotional distress, and defamation. The amount of damages is determined by the severity of your injuries and how they affected your life. A competent lawyer can show the extent of injuries and their impact to maximize your compensation. Your attorney will collect evidence for your case and talk to witnesses. He or she will review medical records in order to show the extent of your injuries and the long-term consequences. They will also offer advice on how settling a case may affect your tax return. Once they have gathered all of the necessary information for your case, your attorney will draft an accusation. This legal document will include your legal arguments on the reason why the defendant is responsible for the accident and the amount of damages you seek. Your lawyer will also file any relevant documents with the court. After the complaint is filed, your attorney will negotiate with the insurance company on your behalf. This is a complicated task for those who aren't familiar with it, because insurance companies aren't keen on paying large amounts of money and fight to protect their bottom line. A single mistake can cost you thousands. It is therefore essential to have a knowledgeable attorney who is familiar with the process.