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What Is a Personal Injury Claim? A personal injury claim is a formal processed assertion of the right to financial compensation. This compensation is usually awarded by a jury or judge after an investigation. Economic damages include actual expenses, such as medical bills or lost wages. Non-economic damages include the compensation for emotional distress and suffering. Damages When someone is injured due to an individual or company's reckless behavior the person is entitled to compensation for their loss. This is referred to as “damages.” The damages paid will depend on the accident circumstances, and can be determined by a jury following trial or negotiated by the parties in the settlement negotiation. There are a few common types of personal injury damages: Economic damages are the actual costs or losses incurred in the event of an accident. Receipts, invoices and other documentation can be used to prove the damages. Economic damages can be a result of future expenses including medical expenses and loss of earning potential, and ongoing medical care. Hedonic or non-economic damages are psychological and emotional consequences of a collision or injury. They are more difficult to quantify than the financial or expense loss. There is no set formula to value these damages, and insurance companies often employ a multiplier or per diem determined by the severity of the injury. Accident- related injuries can hinder your enjoyment of your daily activities like sports, exercise and even relationships with your family and friends. If this is the case, you may be awarded “loss of enjoyment” damages to compensate you for the loss. Finaly, emotional distress damages compensate you for the mental stress and fear you have experienced due to your injuries. The award of these damages could be a major component of your compensation package. Punitive damages aren't designed to compensate you for your losses, but instead punish the person at fault for indecent or reckless behavior. They are typically awarded only in cases involving 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 supporting your claim for damages. The sooner you start the process of proving negligence and the magnitude of your losses, the more likely that you will receive an equitable settlement. Statute of limitations It is crucial that personal injury claims are filed within the statute of limitations which is a defined time frame following an accident during which a claim can be made. This protects the person at fault as well as the insurance companies that pay out on these claims. This also gives the victim a chance to recover the compensation they are entitled to. The time limit for filing a claim can differ depending on the state and case type. An experienced attorney can advise clients on the statute of limitations applicable to their particular case and any exemptions. In some cases the discovery rule can extend a statute beyond its normal limitation of three years. This is because the clock does not begin ticking on an injury until the injured party realizes or reasonably should realize that there is an association between their injury and the event that caused it. This is often the case with toxic exposure injuries like asbestos, but can also be relevant in medical malpractice cases or cases involving pharmaceutical injuries. Some states allow for an extension in situations when the victim was a minor when the incident occurred. This is because they cannot sue until they reach the age of adulthood, and it can be difficult for them to comprehend the connection between their injury and the cause of it when they are young. Another issue to consider is that an injury may affect a person's ability to earn money in the future, and this could be taken into account as part of the damages, particularly in the event that they are unable to working. In these situations the person who has suffered an injury has the right to claim compensation from their employer for the wages they would have earned in the event that they weren't restricted from working because of their injury. It is crucial that anyone injured seek legal advice as soon as is possible following their accident. A personal injury lawyer can help them determine the statute of limitation 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 which protect against loss, liability and damage. It can refer to auto, health, boatowners and personal watercraft insurance, in addition to property and liability coverage. Life insurance policies, annuities, and trusts can be added. Insurance companies may be affiliated with financial service providers or operate on their own. They may also employ a variety business models to offer their services. Liability insurance shields you from the costs of bodily injury and death that you cause while driving your vehicle. It also covers the cost of damages for property damage to another vehicle or property (such as a fence, building or utility pole). PIP or personal injury protection insurance pays for 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 lost income or compensation for pain and suffering. The loss of enjoyment in life-altering injuries can compensate for the negative effect an accident has on your lifestyle. For instance you might have missed out on the activities that you once enjoyed. Pain and suffering compensation is intended to make you whole by taking care of the physical discomfort as well as your emotional distress. Property damage can be used to pay for the repair or replace damaged objects, or even recover their fair market value. Damages to property are typically valued at replacement costs which is the amount you'd need to pay to replace the item with one of the same type and kind, without taking into account depreciation. A personal injury settlement could include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits that award monetary compensation to individuals who suffered harm as a result of the negligence or wrongful actions of another. This includes claims arising from work injuries, car accidents and medical malpractice. An attorney with expertise in personal injury can help you assess your case and determine how you are entitled to. Attorneys typically are paid on a contingent basis, which means that they only receive compensation if you succeed in your case. This arrangement permits injured plaintiffs to pursue their claims without the risk of losing money if they don't win their case. You may be awarded general damages in addition to the monetary compensation for your economic losses. These damages are not quantifiable in the same manner that special damages are, however they do cover less tangible costs like suffering and suffering, loss or 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 will be able demonstrate the extent of your injuries and their effect on you to maximize your compensation. Your attorney will speak with witnesses and gather evidence to back up your claim. He or she will also examine medical records to determine the severity of your injuries and their long-term effects. They will also provide advice about how accepting a settlement can affect your tax liability. Once they have gathered all the necessary information for your case, your lawyer will draft an accusation. 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 also file any appropriate paperwork with the court. After the complaint is filed, your attorney will work with the insurance company on your behalf. This is a complicated undertaking for the uninitiated, since insurance companies aren't keen on paying large amounts of money and fight to protect their bottom line. A small error could cost you thousands. It is therefore important to hire an experienced attorney who knows the process.