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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 will usually be awarded by a jury or judge after 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 If someone is injured as a result due to the negligence of another business or person the injured party has a right to compensation. Damages are awarded based upon the specific circumstances of the accident. They may be determined by a court after a trial, or by the parties after the settlement negotiations. The following are common types of personal injury damages: Economic damages refer to the actual financial costs or financial losses incurred as the result of an accident and injuries. They can be proved by receipts, invoices and other evidence. Economic damages may include future foreseeable costs, such as medical costs as well as loss of earning potential, and ongoing medical care. Noneconomic or hedonic damages are psychological and emotional consequences of a collision or injury. They are more difficult to determine than the expense or financial loss. There is no standard formula to determine the value of these damages, and insurance companies typically use a multiplier or per diem determined by the severity of the victim's injury. Accidental injuries can prevent you from engaging in daily activities like engaging in exercise, taking part in hobbies, or even maintaining relationships with family and friends. In this situation you could be entitled to “loss-of-enjoyment” damages to compensate for the loss. Lastly emotional distress damages are intended to pay for the anxiety and mental anguish you have suffered as a result of your injuries. These damages could make up an important portion of your compensation package. Punitive damages are not intended to compensate you for your losses, but instead punish the person at fault for their outrageous or egregious behavior. They are typically awarded only in the case of serious injury or wrongful death. It's important that you contact a New York City injury lawyer immediately if you or someone close to you has been injured. They can assist you in gathering evidence to support your claim and begin the process of proving negligence. The earlier you begin the process of proving negligence and the extent of your losses the more likely that you'll be awarded an appropriate settlement. Statute of limitations Personal injury claims must be filed within the prescribed timeframe of limitations. This is a time frame after an accident that a claim may be brought. This is beneficial to both the party responsible and the insurance companies who pay out on these claims. It 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. An experienced attorney can guide clients on the time frame applicable to their case and any other exceptions. In certain cases the discovery rule can extend the statute of limitations past its normal three-year limit. This is because the clock doesn't start ticking on an injury until the injured party realizes or should reasonably be aware that there's an association between their injury and the event that caused it. This is typically the case for toxic exposure injuries, such as asbestos, however, it can also be relevant in medical malpractice cases or cases involving pharmaceutical injuries. Certain states allow an extension in situations when the victim was a minor when the incident occurred. This is due to the fact that they cannot sue until they reach the age of majority, and it can be difficult for them to understand the connection between their injury and the reason for it while they are still young. Another issue to consider is that an injury might hinder a person's ability earn money in the future, which could be taken into account as part of damages, especially if they are prevented from working. In these cases the person who has suffered an injury is entitled to reimbursement from their employer for the income they would have earned had they not been unable to work because of their injury. It is essential that injured parties seek legal advice as quickly as they can after their accident. They should consult with an experienced personal injury lawyer to determine the time limit is for their case, and to discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to refer to agreements or policies that protect against liability, loss, and damage. It can include insurance for liability and property as along with health, boatowners', auto, and personal watercraft insurance. Annuities, life insurance policies and trusts may also be included. Insurance companies may be associated with or independent of financial services providers and can employ different business models to offer their products. Liability insurance protects you against the cost of bodily injuries and death that you cause while driving your car. It can also cover property damage to a vehicle, or any other property belonging to someone else (such as a building, fence or utility pole). Personal injury protection, also known as PIP insurance will cover medical expenses for you and your passengers who are injured in a collision that is not your fault. The insurance also covers lost income and compensation for pain and suffering. Damages for the loss of enjoyment in life could compensate you for the negative effect that an accident has had on your daily life for example, if you have missed out on activities you previously enjoyed. Tracy injury attorneys for suffering and pain is intended to make you whole again by addressing your physical discomfort and emotional distress. Property damage can cover the costs to repair or replace damaged items or to recover their fair market value. Damages to property are usually assessed at replacement costs, which is the amount you'd need to pay to replace the item with a new one of the same quality and design, without taking into account depreciation. A personal injury settlement may 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 consequence of the negligence or wrongful actions of another. This includes claims arising out of car accidents, work-related injuries, and medical negligence. An attorney with expertise in personal injury can assist you assess your case and determine much compensation you may be entitled to. Attorneys generally charge an hourly fee, which means they only get paid for winning your case. This arrangement allows plaintiffs who have suffered injury to pursue their cases without the risk of losing money if they do not succeed in their lawsuit. In addition to the monetary damages for your economic losses, you could be awarded a monetary amount known as general damages. These damages are not measurable in the same manner as damages for special circumstances, but they are less tangible, like pain and suffering, loss of consortium, defamation, and emotional distress. The amount of damages you receive will depend on the severity of your injury and how it has affected your life. A skilled lawyer will be able demonstrate the extent of your injuries and their impact 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 look over medical records to show the severity of your injuries and their long-term impacts. They can also advise you on how accepting a settlement can affect your tax liability. Your attorney will draft a formal complaint once they have all the information required for your case. This legal document will set forth your legal arguments for why the defendant is responsible for the accident, and will state an amount of damages you're seeking. Your attorney will file all the necessary paperwork with the court. Your lawyer will negotiate on behalf of you with the insurance company once the complaint has been filed. This can be a complex procedure for the uninitiated as insurance companies are not interested in paying large amounts of money and fight to protect their profits. A simple error can cost you thousands. Therefore, it is essential to hire an experienced attorney who is familiar with the process.