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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. The amount of compensation is typically given by a jury or judge following a trial. Economic damages are a way to cover actual costs such as medical expenses and lost wages. Non-economic damages include the compensation for emotional distress and suffering. Damages If someone is injured because of the negligence of another business or person, they have a right to be compensated. This is known as “damages.” The amount of damages determined will be based on the circumstances of the accident, and could be decided by a jury after an investigation or agreed upon by the parties in a settlement negotiation. Personal injuries can be classified into the following categories: Economic damages are the actual financial losses or expenses incurred in the event of an accident. Receipts, invoices and other documentation can be used to prove the existence of these damages. Economic damages could include future costs that are foreseeable, such as medical costs, loss of earning potential, and ongoing medical care. Noneconomic or hedonic damages are the psychological and emotional consequences of an injury or accident. They are more difficult to value than the cost or financial loss. There is no formula that can be used to value these damages, and insurance companies typically use a multiplier or per diem based on the severity of the victim's injury. Accident-related injuries can prevent you from enjoying your daily activities like sports, exercise or even the bonds with family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to compensate you for this loss. Finally, emotional distress damages are a way to provide you with the financial compensation for the stress and mental anguish that you've experienced as a result of your injuries. These damages could constitute an important portion of your compensation package. Punitive damages are not intended to compensate you for the losses you have endured, but instead punish the person responsible for their blatant or indecent behavior. These are typically awarded only in cases involving serious injury or death. If you or a loved one has been injured in an accident, it's important to contact a New York City personal injury attorney immediately to start gathering evidence and supporting your claim for damages. The earlier you begin the process of proving the negligence and the magnitude of your losses the more likely you will be awarded a fair settlement. Statute of limitations It is important that personal injury claims are filed within the statute of limitations which is a defined time frame following an accident during which a claim may be filed. This safeguards both the person who was at fault as well as the insurance companies that pay on the claims. It also ensures that the victim has a realistic chance of obtaining the compensation they are entitled to, since memories fade and evidence may be lost in the course of time. However, the statute of limitations varies by state and case type. An experienced attorney will be able to guide clients on the exact time-limits applicable to their case, as well as any exceptions that may apply. In certain cases the discovery rule could extend a statute of limitations beyond its normal limit of three years. The clock does not start to run on a claim until an injured party is aware or should be aware that there exists a connection between their injuries and the incident which caused it. This is often the case for toxic exposure injuries, such as asbestos, however, it can also be relevant in medical malpractice or cases involving pharmaceutical injury. Some states permit an extension in instances where the person who was injured was a minor at the time of the incident. They cannot file a suit until they reach the age of adulthood, and it is difficult for them to understand the fact that their injuries were caused by another person when they were younger. A person's future ability to earn money can also be considered to be a part of the damage, particularly if they have been disabled from working. In these situations the injured party has the right to receive compensation from their employer for the wages they would have earned had they not been prevented from working because of the injury. Ultimately, it is vital that any injured party seek legal advice as soon as is possible after their accident. They should consult with an experienced personal injury lawyer to determine the time-limit for their case, and to discuss any possible exceptions. Insurance coverage Insurance coverage is the broad term used to describe agreements or policies which protect against liability, loss and damage. It can include property and liability insurance as well as health insurance, auto, boatowners' and personal watercraft insurance. Life insurance policies, annuities, and trusts can be added. Insurance companies can be associated with financial services providers or operate independently. They can also utilize different of business models to provide their products. Liability insurance covers the costs of bodily injury and death caused by you when driving your car. It can also cover property damage to a vehicle or other property of another (such as fences, buildings or utility pole). PIP or personal injury protection insurance will cover the medical expenses of you and those of your passengers in the event that you are injured in an accident that is not your fault. It may also cover loss of income or compensation for pain and suffering. The loss of enjoyment in life damages can compensate for the negative effect an accident has on your daily life. For example you may have missed out on the activities that you once enjoyed. Pain and suffering compensation is designed to restore your health by dealing with both your physical discomfort and your emotional distress. Damages due to the loss of property may be used to pay for the repair or replace your damaged items or recuperate its fair market value. Damages to property are usually assessed at replacement costs which is the amount you'd have to pay to replace the item with one similar quality and type without taking into consideration depreciation. If needed funeral expenses are compensated, this could be included in a settlement for personal injury. Representation A personal injury claim is a civil lawsuit which awards monetary compensation to those who have been harmed as the result of the negligence or willful conduct. This includes claims arising out of injuries sustained at work, car accidents, and medical malpractice. An attorney with expertise in personal injury will help you assess your case and determine how you are entitled to. Attorneys typically charge a contingency fee, which means they are only paid if they win your case. This arrangement allows those who have been injured to pursue their claims without fear of losing money in the event they lose their lawsuit. In addition to the financial damages for your economic losses, you could be awarded a sum called general damages. These damages cannot be quantifiable in the same way that special damages are, but they do include less tangible expenses like pain and suffering as well as loss or consortium emotional distress and defamation. The amount of damages is determined by the severity of your injuries and how they have affected your life. Everett injury lawsuit can explain the severity of your injuries and their impact to maximize your compensation. Your attorney will interview witnesses and gather evidence to prove your case. He or she will review medical records in order to determine the severity of your injuries as well as the long-term consequences. They can also give you advice regarding how settling might affect your taxes. Once they have gathered all the information needed to support your case, your attorney will draft a complaint. This legal document will include your legal arguments on why the defendant was responsible for the accident as well as the amount of damages you are seeking. Your attorney will also file any appropriate documents with the court. Your lawyer will negotiate on behalf of you with the insurance company after the complaint has been filed. It can be a complicated process for those who are unfamiliar with the procedure, since insurance companies will not pay out large sums of cash and will fight to protect its bottom line. A single mistake can cost you thousands. It is therefore essential to hire an experienced lawyer who understands the procedure.