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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 granted by a jury or judge after an investigation. Economic damages cover actual expenses such as medical bills and lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured as a result of an individual or company's reckless or wrongful conduct and is injured, they are entitled to compensation for their loss. This is referred to as “damages.” The amount of damages determined will be based on the accident circumstances, and could be decided by a jury after a trial or agreed upon by the parties in the settlement negotiation. The following are the most common types of personal injury damages: Economic damages are the actual expenses or financial losses in the event of an accident. These can be proven by receipts, invoices and other evidence. Future costs that are foreseeable, such as medical bills and loss of earning capacity and ongoing costs for care can also be included in the economic damages awarded. Noneconomic or hedonic damages are emotional and psychological impact of an injury or accident. They are more difficult to determine than the financial or expense loss. There is no formula that can be used to determine the value of these damages. Insurance companies use an amount multiplier that is based on the severity and duration of the victim's injuries. The injuries that result from an accident can hinder your enjoyment of the activities of daily life like exercise, hobbies and even relationships with family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to compensate you for the loss. In the end, emotional distress damages are intended to pay for the anxiety and mental stress you've suffered as a result of your injuries. The amount you receive for these damages can be a significant 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 typically awarded only in cases of serious injury or wrongful deaths. If you or a loved one has been injured in an accident, it's crucial to contact a New York City personal injury attorney immediately to start gathering evidence to support your claim for damages. The sooner you start the process of proving negligence and extent of your losses, the more likely it will be that you'll receive an appropriate settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time limit after an accident that a claim may be brought. This protects both the party responsible and the insurance companies who pay out on the claims. This also gives the victim a chance to recover the compensation they are entitled to. However, the statute of limitations differs according to the state and type of case. A knowledgeable attorney can advise clients on the time frame applicable to their case and any exemptions. In certain cases the discovery rule can extend the statute of limitations beyond the normal limit of three years. YouTube is because the clock doesn't begin to tick on claims until the party who suffered the injury is aware or reasonably should realize that there's a connection between their injury and the incident that caused it. This is typically the case with toxic exposure injuries such as asbestos, but could also be relevant in medical malpractice or cases involving pharmaceutical injuries. Certain states even allow an extension for cases where the injured party was minor at the time of the incident. They aren't able to file a suit until they are adults, and it is difficult for them to understand that their injury was caused by someone else when they're younger. Another potential issue is that an injury may affect a person's ability to earn money in the future, which could be considered part of damages, especially if they are prevented from working. In these situations the person who has suffered an injury is entitled to receive a reimbursement from their employer for wages they would have earned had they not been unable to work because of their injury. It is important 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 time-limit for their particular case and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe agreements or policies that protect against liability, loss and damage. It could refer to insurance for liability and property as well as health insurance, auto, boatowners' and personal watercraft coverage. Annuities, life insurance policies and trusts could be added. Insurance companies can be associated with or independently of financial services providers and can use various business models to provide their services. Liability insurance protects you from the expenses associated with a bodily injury or death of someone else that you cause while operating your car. It also covers property damage to a vehicle or property of 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 if you are injured in an accident that was not your fault. The insurance also covers lost income as well as compensation for pain or suffering. Loss of enjoyment of life damages can compensate for the negative impact that an accident has on your daily life. For instance you might have missed out on the activities you used to enjoy. The compensation for pain and suffering is designed to help you recover by addressing the physical discomfort as well as your emotional distress. Property damage can be used to pay for the repair or replace damaged items, or to recover their fair market value. In general, property damages are valued at the replacement cost which is the amount that you would have to pay to replace the item with one similar in type and quality without deducting for depreciation. If needed, compensation for funeral costs can be included in a personal injury settlement. Representation A personal injury claim is a civil lawsuit that awards financial compensation to individuals who suffer harm as the result of the negligence or willful actions. This includes claims stemming from car accidents, work injuries, and medical malpractice. A personal injury lawyer can assist you in evaluating the case and determine the compensation you are entitled to. Attorneys are usually paid on a contingent basis, meaning they only get paid if you win 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 may also be awarded general damages in addition to monetary compensation for your 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 these damages is determined by the severity of your injuries and how they changed your life. A knowledgeable lawyer can explain the severity of injuries and their impact to maximize your compensation. Your attorney will interview witnesses and collect evidence to back up your claim. He or she will also examine medical records to determine the extent of your injuries and their long-term impacts. They can also advise you on how settling a case could affect your tax bill. Once they have gathered all the necessary information for your case, your lawyer will prepare the 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 that you are seeking. Your attorney will file all paperwork required with the court. Your attorney will negotiate on your behalf with the insurance company once the complaint has been filed. This can be a complex undertaking for the uninitiated, as insurance companies are not interested in paying large amounts of money, and they fight to protect their bottom line. A single mistake can cost you thousands. Therefore, it is essential to have a knowledgeable attorney who is familiar with the process.