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What Is a Personal Injury Claim? A personal injury claim is a legally filed claim to the right to financial compensation. The compensation is usually awarded by a judge or jury after an investigation. Economic damages refer to actual costs, such as medical bills or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages When someone is injured due to another person or company's negligent or wrongful conduct the person is entitled to compensation for their losses. This is referred to as “damages.” The amount of damages paid will depend on the circumstances that caused the accident and may be decided by a jury following an investigation or agreed upon by the parties after a settlement negotiation. There are a few common types of personal injury damages: Economic damages represent the actual financial costs or financial losses incurred as the result of an accident or injuries. These can be proven by receipts, invoices and other evidence. Future foreseeable costs such as medical bills or loss of earning capacity and ongoing medical expenses could also be included in the economic damages award. The psychological and emotional trauma that is caused by an injury or accident is referred to as noneconomic or hedonic damages. They are more difficult to quantify than the financial or expense loss. There is no set formula to value these damages, and insurance companies often employ a multiplier, or per diem depending on the severity of the victim's injury. Accident-related injuries can hinder your enjoyment of the activities of daily life like sports, exercise or even the bonds with family and friends. In this case you may be entitled to “loss-of-enjoyment” damages to compensate for the loss. Lastly emotional distress damages are a way to pay for the anxiety and mental stress you've suffered as a result of your injuries. These damages can make up an important portion of your compensation package. Punitive damages are not intended to compensate you for the losses you've endured, but instead punish the party at fault for their outrageous or egregious conduct. They are usually awarded only in the case of serious injury or wrongful death. If you or someone close to you was injured in an accident, it's crucial to speak with a New York City personal injury attorney as soon as possible to begin gathering evidence to support your claim for damages. The earlier you begin the process of proving the negligence and the magnitude of your losses the more likely you are to get an equitable 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 can be filed. This protects the person at fault, as well as insurance companies who pay on such claims. The victim also has a the chance to claim the compensation that they are entitled to. The statute of limitations can differ by state and type of case. An experienced attorney can guide clients on the time limit applicable to their case and any other exceptions. For example, in some circumstances, the discovery rule could extend a statute of limitations past its usual three-year period. This is because the clock doesn't begin ticking on an injury until the person who has suffered an injury realizes or reasonably should realize that there is an association between their injuries and the incident that led to it. This is often the case with toxic exposure injuries, like asbestos, but can also be relevant in medical malpractice cases or cases involving pharmaceutical injuries. Some states permit an extension in cases where the injured party was an under-age person at the time of the incident. This is because they are unable to sue until they reach the age of majority, and it can be difficult for them to understand the connection between their injuries and the cause of it while they are still young. A person's future ability to earn money could be considered as part of the damages, especially if they have been restricted from working. In these instances the person who has suffered an injury has the right to claim compensation from their employer for the amount of wages they would have earned in the event that they weren't prevented from working because of the injury. Ultimately, it is vital that any injured party seek legal advice as soon as they can after the accident. They should consult with an experienced personal injury lawyer to determine what the time limit is for their case and to discuss any possible exceptions. Insurance coverage Insurance coverage is the broad term used to describe policies or agreements that safeguard against liability, loss and damage. It could refer to property and liability insurance as well as health, auto, boatowners' and personal watercraft coverage. Life insurance policies, annuities and trusts could be added. Insurance companies can be associated with or operate independently of financial services providers and can employ a variety of business models to offer their products. Liability insurance protects you against the cost of bodily injury and death that you cause when driving your car. It can also cover damages to property caused by another vehicle or property (such as the fence, utility pole or building). Personal injury protection, also known as PIP insurance will cover medical expenses for passengers and you who are injured in a collision that is not your fault. Mountain View injury lawyers YouTube covers the loss of income and compensation for pain and suffering. Loss of enjoyment of life-altering injuries can compensate for the negative impact that an accident can have on your life. For instance you may have missed out on the activities you used to love. The compensation for pain and suffering is designed to help you recover by dealing with your physical discomfort as well as your emotional stress. Damages for loss of property may be used to pay for the repair or replace damaged items or get the fair market value of your item. Damages to property are typically valued at replacement costs which is the amount you would be required to pay to replace the item with a new one similar quality and design without incorporating depreciation. A personal injury settlement could include compensation for funeral costs in the event of a need. Representation Personal injury claims are civil lawsuits that award financial compensation to individuals who suffered injury as a result of the negligence or reckless conduct of another party. This includes claims that arise from work injuries, car accidents or medical negligence. An attorney for personal injuries can help you assess the case and determine the compensation you are entitled to. Lawyers are typically paid on a contingency basis, meaning they only get paid if they win your case. This arrangement allows injured plaintiffs to pursue their claims without the risk of losing money if they do not prevail in their lawsuit. In addition to the monetary damages for your economic losses, you may be awarded a sum called general damages. These damages are not quantifiable in the same way as special damages, but they cover less tangible costs such as pain and suffering, loss of consortium, defamation, and emotional distress. The amount of these damages is determined by the severity of your injuries and how they have affected your life. A knowledgeable lawyer can explain the severity of injuries and their impact on your life to maximize your compensation. Your attorney will interview witnesses and collect evidence to back up your claim. They will also review medical records to establish the extent of your injuries, and their long-term effects. They can also advise you on how settling a case could affect your tax bill. Your attorney will draft a complaint after they have all the facts required to prove your case. The legal document will contain your legal arguments as to why the defendant was responsible for the accident as well as the amount of damages that you want. Your attorney will also file any appropriate documents with the court. After the complaint has been filed, your attorney will then negotiate with the insurance company on your behalf. This is a complicated procedure for the uninitiated since insurance companies aren't keen on paying large sums of money and will fight to protect their profits. A small error could cost you thousands. It is therefore essential to have a knowledgeable lawyer who understands the procedure.