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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. The compensation is usually given by a jury or judge following a trial. Economic damages include actual expenses, such as medical bills or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured because due to the negligence of another business or person or business, they are entitled to be compensated. This is known as “damages.” The amount of damages paid will depend on the accident circumstances, and could be decided by a jury after a trial or agreed upon by the parties in an agreement to settle. Personal injuries can be classified into the following categories: Economic damages are the actual costs or losses incurred in the event of an accident. Receipts and invoices as well as other documentation can be used to prove the existence of these damages. Future foreseeable costs such as medical bills or loss of earning capacity and ongoing medical expenses are also included in the economic damages award. Hedonic or non-economic damages are the emotional and psychological impact of an injury or accident. They are more difficult to assess than financial or expense losses. There is no formula that can be used to evaluate these damages. Insurance companies employ a multiplier based upon the severity and duration of the injuries. Accidental injuries can prevent you from engaging in daily activities like doing exercises, having fun or even maintaining a relationship with family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to pay for this loss. Finality emotional distress damages pay you for the mental apprehension and anxiety you've experienced due to your injuries. The amount you receive for these damages can be a major component of your compensation package. Punitive damages aren't designed to compensate you for your losses, but rather penalize the party at fault for their outrageous or egregious conduct. These are usually awarded only in cases of serious injuries or wrongful deaths. It's important that you get in touch with an New York City injury lawyer immediately if you or someone close to you has been injured. They can assist in gathering evidence to prove your claim and then begin the process of proving negligence. The earlier you begin the process of proving your fault and the magnitude of your losses the more likely you will be awarded an equitable settlement. Statute of limitations It is crucial that personal injury claims are filed within the time limit of the statute of limitations which is a predetermined period of time following an accident during which a claim may be brought. This protects both the party at fault and insurance companies that pay on the claims. The victim also has a the chance to claim the amount of compensation to which they are entitled to. However the statute of limitations is different according to the state and type of case. A knowledgeable attorney can advise clients of the specific statute of limitations that applies to their cases and any exceptions that may apply. In certain cases the discovery rule could extend a statute beyond its normal limit of three years. The clock does not begin to run on a claim until the injured party is aware or reasonably ought to be aware of a connection between their injuries and the event that caused it. This is typically the case for toxic exposure injuries, such as asbestos, but could also apply to medical malpractice cases or cases involving pharmaceutical injury. Certain states even allow for an extension in 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 is difficult for them to understand the connection between their injury and the reason behind it while they are still young. Another possibility is that an injury may affect a person's ability to earn money in the future, which could be considered part of the damages, especially when they are unable to working. In these situations the person who was injured is entitled to reimbursement from their employer for the earnings they could have earned had they not been unable to work due to their injury. In the end, it is essential that the person who has been injured seek legal advice as soon as possible after the accident. A personal injury lawyer can help them determine the time limit for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements which protect against liability, loss and damage. It can refer to insurance for health, auto, boat owners, and personal watercraft insurance in addition to insurance coverage for property and liability. It could also include life insurance policies, annuities and trusts. Insurance companies may be affiliated with financial services providers or operate on their own. They can also utilize various business models to offer their products. Liability insurance protects you against the costs of bodily injury and death that you cause when driving your car. It also covers damages to property caused by another vehicle or property (such as the fence, a utility pole or building). PIP or personal injury protection insurance pays for your medical expenses and those of your passengers if you are injured in an accident that was 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 has on your lifestyle. For example you may have missed out on the activities you used to love. Compensation for pain and suffering is designed to help you recover by dealing with your physical discomfort and emotional pain. Damages to property can cover the costs to repair or replace damaged objects, or even recover their fair market value. Most often, property damage is valued at replacement cost that is, the amount you'd have to pay to replace your item with one similar in type and quality, without deducting depreciation. A personal injury settlement can include compensation for funeral costs in the event of a need. Representation Personal injury claims are civil lawsuits that award financial compensation to those who have suffered harm as a consequence of the negligence or reckless actions of another. YouTube includes claims stemming from car accidents, workplace injuries and medical negligence. An attorney for personal injuries can help you evaluate the situation and determine the compensation you are entitled to. Attorneys typically are paid on a contingency basis, which means that they only get paid if they win your case. This arrangement permits injured plaintiffs to pursue their cases without risking losing money if they fail to succeed in their lawsuit. In addition to the monetary damages for your economic losses, you could also be awarded a sum called general damages. These damages are not measurable in the same way as special damages, but they cover less tangible costs such as pain and suffering and loss of consortium, defamation, and emotional distress. The amount of damages is determined by the severity of your injuries and how they changed your life. A competent lawyer will be able to show the severity of your injuries and their impact on you in order to maximize your compensation. Your attorney will collect evidence to support your case and interview 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 provide advice on how settling a case could impact your taxes. Once they have gathered all the information needed for your case, your attorney will prepare the complaint. 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 attorney will also file any appropriate documents with the court. Your attorney will negotiate on behalf of you with the insurance company after the complaint has been filed. It can be a difficult procedure for those who are not experienced with the process, as insurance companies do not pay large sums of cash and will fight to protect their bottom line. A simple error can cost you thousands. It is therefore important to hire an experienced attorney who knows the process.