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What Is a Personal Injury Claim? click here to find out more is a legally processed claim for the right to compensation in monetary terms. This compensation will usually be awarded by a jury or judge after the trial. Economic damages are a way to cover actual costs such as medical expenses and lost wages. Non-economic damages include compensation for emotional distress and suffering. Damages When someone is injured because of the negligence of another company or individual's behavior, they are entitled to compensation for their loss. This is referred to as “damages.” The damages determined will be based on the circumstances of the accident, and could be decided by a jury after a trial or agreed upon by the parties in a settlement negotiation. Personal injuries can be classified into the following categories: Economic damages represent the actual monetary expenses or financial losses incurred as the result of an accident or injuries. These can be established with receipts, invoices, and documentation. Future costs that are foreseeable, such as medical bills or loss of earning capacity, and ongoing medical expenses could also be included in the economic damages award. Hedonic or non-economic damages are psychological and emotional consequences of a collision or injury. They are more difficult to quantify than expense or financial losses. There is no formula that can be used to evaluate these damages. Insurance companies use a multiplier based on the severity and duration of the victim's injuries. Accidental injuries can prevent you from engaging in everyday activities such as exercising, enjoying hobbies or even maintaining a relationship with family and friends. If this is the case, you can be awarded “loss of enjoyment” damages to pay for this loss. Finality emotional distress damages are a way to compensate you for the mental stress and anxiety you've experienced due to your injuries. The award of these damages could be a significant component in your compensation package. Punitive damages are not designed to compensate you for your losses, but rather punish the person at fault for indecent or reckless conduct. These are usually awarded only in cases of serious injuries or wrongful deaths. If you or a loved one was injured in an accident, it's important to speak with an New York City personal injury attorney immediately to start gathering 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 are to be awarded an equitable settlement. Statute of limitations It is essential that personal injury claims are filed within the statute of limitations which is a predetermined time frame following an incident in which a claim is 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 that they are entitled to. However the statute of limitations varies by state and case type. A knowledgeable attorney can advise clients on the time frame applicable to their particular situation and any exceptions. In certain circumstances, the discovery rule may extend a statute of limitations beyond its normal limitation of three years. This is because the clock doesn't start ticking on a claim until the party who suffered the injury is aware or should reasonably be aware that there is an association between their injuries and the incident that led to it. This is the case with toxic exposure injuries like asbestos. It can also be relevant for medical malpractice or pharmaceutical injury cases. Some states even allow an extension for situations where the victim was a minor at the time of the incident. This is due to the fact that they cannot sue until they reach adulthood and it may be difficult for them to comprehend the connection between their injuries and the reason behind it while they are still young. Another issue to consider is that an injury could 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 instances the person who has suffered an injury has the right to receive compensation from their employer for the amount of wages they would have earned had they not been restricted from working because of the injury. It is important that injured parties seek legal advice as soon as they can following an accident. A personal injury lawyer can help them determine the statute of limitations for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements that safeguard against loss, liability, and damage. It can include property and liability insurance as in addition to health, boatowners', auto, and personal watercraft insurance. Life insurance policies, annuities and trusts may also be included. Insurance companies may be associated with or independent of financial service providers and can use various business models to sell their products. Liability insurance will protect you from the expenses associated with a bodily injury or death of someone else caused by your vehicle. It can also cover property damage to a vehicle or property belonging to someone else (such as fences, buildings or utility pole). Personal injury protection or PIP insurance covers medical expenses for you and your passengers who are injured in a crash that is not your fault. This insurance can also cover the loss of income and compensation for pain or suffering. Damages for the loss of enjoyment of life can compensate you for the negative effect that an accident has had on your daily life like missing out on activities that you previously enjoyed. Compensation for suffering and pain is intended to make you whole again by dealing with your physical discomfort and emotional pain. Property damage can be used to pay for the repair or replace damaged items or recover their fair market value. Damages to property are typically valued at replacement costs which is the amount you'd be required to pay to replace the item with one similar quality and type, without taking into account depreciation. A personal injury settlement could include compensation for funeral expenses should they be required. Representation Personal injury claims are civil lawsuits that award financial compensation to individuals who suffered harm as a result of the negligence or willful conduct of another party. This includes claims arising out of car accidents, work injuries as well as medical negligence. An attorney for personal injuries can assist you in evaluating the situation and determine the compensation you are entitled to. Lawyers typically charge a contingency fee, which means they are only paid if they win your case. This arrangement permits plaintiffs who have suffered injuries to pursue their claims without the fear of losing money if they lose their lawsuit. In addition to the financial damages for your economic losses, you could also be awarded a lump sum of general damages. These damages are not quantifiable in the same manner as damages for special causes, however they cover less tangible costs like pain and suffering, loss of consortium, emotional distress, and defamation. The amount of damages is determined by the severity of your injuries and how they have changed your life. A knowledgeable lawyer can explain the severity of your injuries and their effects to maximize your compensation. Your attorney will interview witnesses and collect evidence to support your case. He or she will review medical records to determine the severity of your injuries, and their long-term effects. They will also provide advice about how accepting a settlement could impact your taxes. Once they have gathered all the necessary information to support your case, your lawyer will prepare a complaint. This legal document will include your legal arguments on what the defendant's role was for the accident as well as the amount of damages that you are seeking. Your attorney will also file any appropriate documents with the court. Your attorney will negotiate on behalf of you with the insurance company once the complaint has been filed. It can be a complicated procedure for those not experienced with the process, because insurance companies do not pay large amounts of cash and will fight to protect their bottom line. A small error could cost you thousands. It is therefore essential to hire an experienced attorney who is familiar with the process.