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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. This compensation is usually awarded by a judge or jury following a trial. Economic damages cover the actual costs such as medical bills and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages When someone is injured because of another person or company's negligent actions and is injured, they are entitled to compensation for their losses. This is referred to as “damages.” The amount of damages paid will depend on the circumstances of the accident, and could be decided by a jury following a trial or agreed upon by the parties following an agreement to settle. Personal injuries can be classified into the following categories: Economic damages are the actual financial costs or financial losses that are incurred as a result of an accident and injuries. Receipts and invoices as well as other documentation can be used to prove the existence of these damages. Future-looking costs like medical bills or loss of earning capacity and ongoing medical expenses can also be included in the economic damages award. Hedonic or non-economic damages are psychological and emotional consequences of a collision or injury. These damages are more difficult to value than expense or financial losses. There is no set formula to value 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 can hinder your enjoyment of the activities of daily life like sports, exercise, and even relationships with your family and friends. In this instance you may be entitled to “loss-of-enjoyment” damages as compensation for your loss. Finality emotional distress damages are a way to compensate you for the mental apprehension and fear you've endured because of your injuries. The amount you receive for these damages could be a significant component in your compensation package. Punitive damages are not intended to compensate you for your losses, but instead penalize the party at fault for their outrageous or egregious conduct. They are usually awarded only in the case of serious injury or death. If you or a loved one was injured in an accident, it's important to contact an New York City personal injury attorney as soon as possible to begin gathering evidence to support your claim for damages. The sooner you start the process of proving your negligence and extent of your losses, the more likely it will be that you will receive a fair 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 following an incident in which a claim can be made. This protects the at-fault party and insurance companies that pay out on these claims. It also ensures that the victim has a reasonable chance of recovering the amount they are entitled to, as memories fade and evidence may disappear over time. However the statute of limitations is different by state and case type. A knowledgeable attorney will be able to advise clients of the specific time-limits applicable to their particular case and any exceptions that could apply. For instance, in certain instances, the discovery rule may extend a statute of limitations beyond its normal three-year limit. This is because the clock doesn't start ticking on an injury until the party who suffered the injury is aware or ought to realize that there is a connection between their injury and the incident that led to it. This is the case for toxic exposure injuries, such as asbestos. It can also be relevant in medical malpractice or pharmaceutical injury cases. Pasadena injury lawyer allow an extension in situations when the victim was a minor when the incident occurred. 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 for it when they're young. The future ability of a person to earn a living can be considered to be a part of the damage, particularly when they are disabled from working. In these situations, the injured party has the right to receive compensation from their employer for wages they would have received if they hadn't been disabled from working due to their injury. It is crucial that injured parties seek legal advice as quickly as possible following their accident. They should consult an experienced personal injury lawyer to determine the time limit is for their case and to discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies that safeguard against loss, liability, 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 could be added. Insurance companies can be associated with or independent of financial services providers and can employ different business models to sell their services. Liability insurance covers the costs of bodily injury and death caused by you while driving your car. It also covers the cost of damages to property caused by another vehicle or property (such as the fence, a utility pole, or building). PIP or personal injury protection insurance covers medical expenses as well as those of your passengers in the event that you are injured in an accident that was not your fault. This insurance can also cover lost income as well as compensation for pain and suffering. Damages for loss of enjoyment can compensate you for the negative effect that an accident has had on your life, such as missing the activities you previously enjoyed. Compensation for suffering and pain is intended to restore your health by dealing with your physical discomfort and emotional stress. Property damage can cover the costs to repair or replace damaged items, or to recover their fair market value. Property damages are usually valued at replacement costs, which is the amount you would have to pay to replace the item with a new one of the same quality and type, without taking into account depreciation. If it is necessary funeral costs are included, compensation could be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits which award monetary compensation to individuals who suffered harm as a consequence of the negligence or wrongful actions of another. This includes claims arising out of car accidents, workplace injuries as well as medical malpractice. A personal injury lawyer can help you evaluate the case and determine the compensation you are entitled to. Attorneys typically are paid on a contingency basis, meaning they only get paid if they succeed in your case. This arrangement permits injured plaintiffs to pursue their cases without risking losing money if they don't succeed in their lawsuit. You may be awarded general damages in addition to amount of money you are compensated for the economic losses. These damages cannot be quantifiable in the same way that special damages are, but they do include less tangible expenses like the pain 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 changed your life. A skilled lawyer can prove the severity of your injuries and the impact they have had on you in order to maximize your compensation. Your attorney will speak with witnesses and collect evidence to support your case. They will also review medical records in order to establish the extent of your injuries as well as their long-term effects. They can also advise you about how accepting a settlement could affect your tax bill. Your attorney will draft a complaint once they have all the facts needed for your case. This legal document will outline your legal arguments regarding what the defendant's responsibility is for the accident, and it will include the amount of damages you want. Your attorney will also file any appropriate documents with the court. Your attorney will negotiate on your behalf with the insurance company after 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 amounts of cash and will fight to protect their bottom line. A small error could cost you thousands. It is therefore important to have a knowledgeable attorney who is familiar with the process.