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What Is a Personal Injury Claim? A personal injury claim is a formal declaration of your right to compensation. The amount of compensation is typically granted by a judge or jury following the trial. Economic damages include actual expenses like medical bills or lost wages. Non-economic damages include compensation for emotional distress as well as suffering. Damages If someone is injured as a result of an individual or company's reckless behavior and is injured, they are entitled to compensation for their loss. This is known as “damages.” The damages awarded depend on the accident circumstances, and could be decided by a jury following an investigation or agreed upon by the parties in a settlement negotiation. There are a few common kinds of personal injury damages: Economic damages refer to the actual financial costs or financial losses incurred as a result of an accident and injuries. These can be proven by receipts, invoices and other evidence. Economic damages can be a result of future expenses like medical expenses, loss of earning potential and ongoing medical care. Noneconomic or hedonic damages are psychological and emotional consequences of an accident and injuries. These damages are harder to quantify than financial or expense losses. There is no formula that can be used to assess these damages and insurance companies usually employ a multiplier, or per diem depending on the severity of the victim's injury. Injuries resulting from an accident 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 situation you could be entitled to “loss-of-enjoyment” damages as compensation for your loss. Finally, emotional distress damages are designed to compensate you for the fear and mental anguish that you've endured as a result your injuries. These damages could constitute the majority of your compensation package. Punitive damages don't pay for the losses you've endured, but instead punish the person responsible for their outrageous or egregious behavior. These are usually awarded only in cases of serious injury or death. If you or someone close to you has been injured in an accident, it's crucial to contact a New York City personal injury attorney right away to begin collecting evidence to support your claim for damages. The earlier you begin the process of proving the negligence and the extent of your losses the more likely you will be awarded 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 incident in which a claim can be made. This safeguards both the person who was at fault as well as the insurance companies that pay on these claims. It also ensures that the victim has a realistic chance of recovering the compensation they have earned, since memories fade and evidence can be lost over time. However, the statute of limitations is different depending on the state and the type of case. An experienced attorney can guide clients on the time limit applicable to their case and any other exceptions. In certain cases the discovery rule could extend a statute of limitations beyond its normal limit of three years. This is because the clock does not begin clocking on a claim until the injured party realizes or reasonably should realize that there is a connection between their injury and the incident that caused it. This is usually the case with toxic exposure injuries such as asbestos, but could also apply to medical malpractice or cases involving pharmaceutical injury. Certain states allow an extension in cases where the injured person was a minor when the incident occurred. This is because they cannot file a lawsuit until they reach adulthood and it may be difficult for them to comprehend the connection between their injuries and the cause of it when they are young. Another issue to consider is that an injury might hinder a person's ability earn money in the future, which could be considered as part of the damages, particularly if they are prevented from working. In these instances the injured party is entitled to compensation from their employer for the wages they would have received had they not been disabled from working due to their injury. It is important that injured parties seek legal advice as soon as possible following their accident. They should consult with an experienced personal injury lawyer to determine the statute of limitations is for their case, and to discuss any potential exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies that protect against liability, loss, and damage. It can refer to health, auto, boatowners, and personal watercraft insurance, in addition to insurance for liability and property. Annuities, life insurance policies and trusts may also be included. Insurance companies can be affiliated with or independent of financial service providers and can employ various business models to offer their products. Liability insurance will protect you from the expenses associated with a bodily injury or death to someone else caused by your vehicle. It can also cover damages to property caused by another vehicle or property (such as a fence, utility pole, or building). Personal injury protection, also known as PIP insurance covers medical expenses for you and your passengers who are injured in a crash that is not your fault. It also covers the loss of income or compensation for pain and suffering. The loss of enjoyment in life's damages can be compensated for the negative impact that an accident can have on your life. For example you might have missed out on activities that you once enjoyed. The compensation for pain and suffering is intended to restore your health by taking care of your physical discomfort as well as your emotional distress. Property damage can cover the costs to repair or replace damaged items or even recover their fair market value. Damages to property are typically valued at replacement costs which is the amount you would need to pay to replace the item with a new one of the same type and type without taking into consideration depreciation. A personal injury settlement can include compensation for funeral costs, if necessary. Representation A personal injury claim is a civil suit which awards monetary compensation to people who suffer harm by the negligence or willful conduct. This includes claims arising from car accidents, workplace injuries and medical malpractice. An attorney with expertise in personal injury can assist you evaluate your case and determine how much compensation you could be entitled to. Lawyers typically charge a contingency fee, which means they are only paid if they win your case. This arrangement allows plaintiffs who have suffered injuries to pursue their claims without the fear of losing money in the event they lose their lawsuit. You may also be awarded general damages in addition to the amount of money you are compensated for your economic losses. These damages aren't quantifiable in the same manner that special damages are, but they do include less tangible costs like the pain and suffering loss or consortium, defamation and emotional distress. YouTube of these damages is determined by the severity of your injuries and how they have affected your life. A competent lawyer can show the severity of your injuries and their effects to maximize your compensation. Your attorney will speak with witnesses and collect evidence to back up your claim. He or she will look over medical records to show the extent of your injuries and their long-term impacts. They will also provide advice on how settling a case might affect your taxes. After they have gathered all of the necessary information to support your case, your lawyer will draft an accusation. This legal document will set forth your legal arguments as to the reasons why the defendant is accountable for the accident, and it will state an amount of damages you're seeking. Your lawyer will also file any necessary documents with the court. Your lawyer will negotiate on your behalf with the insurance company once the complaint has been filed. It can be a complicated process for those who are unfamiliar with the process, as insurance companies will not pay large sums of cash and will fight to protect its bottom line. One mistake can result in thousands of dollars, which is why it is essential to have a seasoned attorney on your side, who is familiar with the process.