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What Is a Personal Injury Claim? A personal injury claim is a legally processed claim for the right to monetary compensation. This compensation is usually awarded by a jury or judge following the trial. Economic damages are the actual cost of a transaction such as medical expenses or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages When someone is injured as a result of an individual or company's reckless or wrongful conduct, they are entitled to compensation for their losses. Damages are awarded based on the circumstances of the accident and can be decided by a court following an investigation or by the parties after a settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages refer to the actual monetary expenses or financial losses incurred as a result of an accident and injuries. Receipts, invoices and other forms of documentation can be used to prove the damages. Economic damages could be a result of future expenses, such as medical costs as well as loss of earning potential, and ongoing medical care. The emotional and psychological impact resulted from an injury or accident is known as noneconomic or hedonic damage. These damages are more difficult to quantify than expense or financial losses. There is no set formula to value these damages, and insurance companies typically employ a multiplier or per diem determined by the severity of the victim's injury. Accidental injuries can prevent you from engaging in regular activities like 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 this loss. Finaly emotional distress damages are a way to compensate you for the mental stress and anxiety you've experienced as a result of your injuries. The amount you receive for these damages could be a significant part of your compensation package. Punitive damages are not designed to compensate you for your losses, but instead penalize the party at fault for indecent or reckless behavior. They are typically awarded only in cases involving grave injury or death. If you or someone close to you has been injured in an accident, it's important to contact a New York City personal injury attorney right away to begin collecting evidence and supporting your claim for damages. The sooner you start the process of proving the negligence and the severity of your losses the more likely you will get a fair settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time frame following an accident when can be filed. This protects the at-fault party, as well as insurance companies who pay on these claims. This also gives the victim a chance to recover the amount of compensation to which they are entitled to. However, the statute of limitations differs according to the state and type of case. An experienced attorney can guide clients on the exact statute of limitations that applies to their cases and any other exceptions that might apply. In certain cases the discovery rule could extend a statute past its normal limit of three years. The clock does not start to run on a claim until an injured person is aware or could be aware of an association between their injury and the incident that caused it. This is the case for toxic exposure injuries, such as asbestos. It may be relevant to medical malpractice or pharmaceutical injury cases. Some states even allow an extension for cases where the injured party was an under-age person at the time of the incident. This is due to the fact that 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 behind it when they're young. A person's ability to earn a living can be considered a part of the damages, particularly if they have been prevented from working. In these cases the injured party has the right to claim compensation from their employer for the amount of wages they would have earned if they hadn't been disabled from working due to their injury. In the end, it is essential that any injured party seek legal advice as soon as is possible after the accident. A personal injury lawyer can help them determine the statute of limitation for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements that provide protection against liability, loss and damage. This can include auto, health, boatowners, and personal watercraft insurance in addition to insurance for liability and property. It may also include life insurance trusts, annuities and policies. Insurance companies can be associated with or independently of financial service providers and can use various business models to offer their services. Liability insurance covers the costs of bodily injury and death that you cause while driving your vehicle. It also covers property damage to a vehicle, or any other property belonging to someone else (such as a fence, building or utility pole). Personal injury protection, also known as PIP insurance will cover medical expenses for passengers and you who are injured in a crash that is not your fault. It may also cover lost income or compensation for pain and suffering. Loss of enjoyment of life damages can compensate for the negative effect an accident can have on your life. For instance you might have missed out on activities that you once enjoyed. Compensation for suffering and pain is intended to make you whole again by addressing your physical discomfort and emotional stress. Damages to property can provide the funds needed to repair or replace damaged items or to recover their fair market value. In general, property damages are valued at replacement cost which is the amount you would need to pay to replace your item with one similar in type and quality, minus amortization. If necessary, compensation for funeral costs could be included in a personal injury settlement. Representation Personal injury claims are civil lawsuits which award monetary compensation to individuals who suffered harm as a consequence of the negligence or willful conduct of another party. This includes claims stemming from car accidents, work injuries, and medical malpractice. An attorney with expertise in personal injury can assist you assess your case and determine how much compensation you may be entitled to receive. Lawyers are typically paid on a contingency basis which means they only get paid if you succeed in your case. This arrangement allows injured plaintiffs to pursue their cases without the risk of losing money if they fail to succeed in their lawsuit. In addition to the monetary damages for your economic losses, you may be awarded a lump sum of general damages. These damages are not quantifiable in the same way as damages for special circumstances, but they cover less tangible costs such as pain and suffering as well as loss of consortium emotional distress, and defamation. The amount of these damages is determined by the severity of your injuries and how they have affected your life. her explanation can explain the extent of injuries and their impact to maximize your compensation. Your attorney will speak with witnesses and gather evidence to prove your case. He or she will review medical records to establish the extent of your injuries, and their long-term effects. They will also provide advice on how accepting a settlement 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 include your legal arguments on why the defendant was responsible for the accident and the amount of damages you are seeking. Your attorney will also file any relevant paperwork with the court. Your lawyer will negotiate on behalf of you with the insurance company after the complaint has been filed. This can be a difficult task for those who aren't familiar with it, because insurance companies aren't interested in paying out significant sums of money and will fight to protect their bottom line. One misstep can result in thousands of dollars, and it is crucial to have an experienced lawyer to your side who is familiar with the process.