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What Is a Personal Injury Claim? A personal injury claim is a formal processed claim for the right to financial compensation. This compensation will usually be awarded by a judge or jury following an investigation. Economic damages are the actual cost of a transaction like medical bills or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages When someone is injured due to the negligence of another company or individual's behavior, they are entitled to compensation for their loss. This is referred to as “damages.” The amount of damages paid will depend on the circumstances of the accident, and may be decided by a jury following trial or negotiated by the parties in an agreement to settle. The following are common types of personal injury damages: Economic damages are the actual costs or losses incurred in the event of an accident. They can be proved by receipts, invoices and documentation. Future costs that are foreseeable, such as medical bills, loss of earning capacity, and ongoing costs for care are also included in the economic damages award. The psychological and emotional trauma caused by an accident or injury is referred to as noneconomic or hedonic damages. They are more difficult to assess than financial or expense losses. There is no formula that can be used to value these damages, and insurance companies often employ a multiplier or per diem determined by the severity of the victim's injury. Accidental injuries can prevent you from engaging in everyday activities such as doing exercises, having fun, or even maintaining relationships with family and friends. In this case, you may be entitled to “loss-of-enjoyment” damages as compensation for the loss. In the end, emotional distress damages are a way to pay for the anxiety and mental anguish you have endured as a result 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 instead punish the person at fault for egregious or outrageous behavior. They are usually awarded only in cases 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 immediately to start gathering evidence and supporting your claim for damages. The earlier you begin the process of proving your fault and the extent of your losses, the more likely you will get a fair settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time limit after an accident within which a claim may be brought. This safeguards the party at fault and insurance companies that pay out on such claims. The victim also has a the chance to claim the amount of compensation to which they are entitled to. The statute of limitations may vary by state and case type. An experienced attorney can guide clients on the time frame applicable to their particular case and any exceptions. For example, in some cases the discovery rule can extend the time-limit beyond its usual three-year period. This is because the clock doesn't begin to tick on a claim until the party who suffered the injury is aware or reasonably should realize that there's an association between their injury and the incident that led to it. This is the case for toxic exposure injuries like asbestos. It may also be relevant for medical negligence or pharmaceutical injury cases. Certain states even permit an extension in situations where the victim was an under-age person at the time of the incident. They aren't able to file a suit until they are older and it can be difficult to comprehend that their injury was caused by another person when they were younger. The future ability of a person to earn a living can be considered as part of the damages, especially if they have been prevented from working. In these situations the person who was injured is entitled to receive a reimbursement from their employer for wages they would have earned if they had not been unable to work due to their injury. It is essential that injured parties seek legal advice as soon as possible following their accident. A personal injury lawyer can assist them determine the statute of limitations for their particular case, as well as discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements which protect against liability, loss and damage. This can include auto, health, boatowners, and personal watercraft insurance, as well as insurance coverage for property and liability. It may also include life insurance trusts, annuities and policies. Insurance companies can be associated with financial services companies or operate on their own. Warren injury lawyer YouTube can also utilize different business models to offer their products. Liability insurance covers the costs of bodily injury and death that you cause while driving your vehicle. It also covers the cost of the cost of property damage to another vehicle or property (such as the fence, building or utility pole). PIP or personal injury protection insurance pays for the medical expenses of you and those of your passengers if you are injured in an accident that was not your fault. It also covers lost income and compensation for pain or suffering. The loss of enjoyment in life-altering injuries can compensate for the negative effect an accident has on your daily life. For example you might have missed out on the activities that you once enjoyed. Compensation for suffering and pain is intended to help you recover by taking care of your physical discomfort and emotional stress. Damages due to the loss of property may be used to pay for the repair or replace your damaged item or to recuperate its fair market value. Damages to property are usually assessed at replacement costs, which is the amount you would be required to pay to replace the item with another similar quality and design without incorporating depreciation. If necessary funeral expenses are compensated, this can be included in a personal injury settlement. Representation Personal injury claims are civil lawsuits that award financial compensation for individuals who have suffered harm as a result of the negligence or wrongful conduct of another party. This includes claims stemming from accidents at work, car accidents and medical negligence. An attorney for personal injuries can help you evaluate the situation and determine the compensation you are entitled to. Attorneys generally charge a contingency 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 don't win their case. In addition to the monetary damages for your economic losses, you may be awarded a sum called general damages. These damages are not measurable in the same manner as damages for special causes, however they are less tangible, like pain and suffering as well as loss of consortium emotional distress, and defamation. The amount of damages is determined by the severity of your injuries and how they have affected your life. A competent lawyer will be able prove the severity of your injuries and their effect on you to maximize your compensation. Your lawyer will gather evidence to support your case and interview witnesses. He or she will review medical records in order to determine the severity of your injuries as well as their long-term effects. They can also give you guidance regarding how settling might affect your taxes. Your attorney will draft a complaint once they have all the evidence needed to prove your case. This legal document will include your legal arguments as to the reason why the defendant is responsible for the accident and the amount of damages that you are seeking. Your lawyer will also file any relevant paperwork with the court. Your attorney will negotiate on your behalf with the insurance company after the complaint has been filed. It is a complex process for those who are unfamiliar with the process, because insurance companies do not pay large amounts of cash and will fight to protect their bottom line. A single mistake can cost you thousands. Therefore, it is essential to hire an experienced lawyer who understands the procedure.