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What Is a Personal Injury Claim? A personal injury claim is a formal filed claim to the right to monetary compensation. This compensation will usually be given by a jury or judge 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 If someone is injured because due to the negligence of another business or person, they have a right to be compensated. This is known as “damages.” The damages awarded depend on the accident circumstances, and may be decided by a jury after a trial or agreed upon by the parties after an agreement to settle. Personal injury damages can be classified into the following categories: Economic damages represent the actual costs in terms of money or financial losses that are incurred as a result of an accident and injuries. They can be proved by receipts, invoices and other documentation. Economic damages can include future costs that are foreseeable like medical expenses, 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 value than expense or financial losses. There is no formula that can be used to determine the value of these damages, and insurance companies typically employ a multiplier or per diem based on the severity of the victim's injury. The injuries that result from an accident could hinder you from enjoying the activities of daily life like exercise, hobbies and even relationships with family and friends. In this case you could be entitled to “loss-of-enjoyment” damages to compensate for the loss. Finaly emotional distress damages are a way to compensate you for the mental apprehension and anxiety you've experienced because of your injuries. These damages could constitute an important portion of your compensation package. Punitive damages are not intended to compensate you for your losses, but instead punish the at-fault party for their outrageous or egregious behavior. These are typically awarded only in the case of serious injury or wrongful death. If you or a loved one was injured in an accident, it's important to contact an New York City personal injury attorney right away to begin collecting evidence and support for your claim for damages. The sooner you begin the process of proving your negligence and the extent of your losses the more likely it will be that you'll receive an appropriate 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 incident in which a claim is brought. This safeguards both the person responsible and the insurance companies who pay out on the claims. It also ensures that the victim has a realistic chance of recovering the compensation they are entitled to, as memories fade and evidence may be lost in the course of time. However, the statute of limitations is different by state and case type. An experienced attorney will be able to advise clients of the specific statute of limitations that applies to their case, as well as any exceptions that may apply. In certain cases the discovery rule could extend a statute beyond its normal limitation of three years. This is because the clock doesn't begin clocking 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 typically the case with toxic exposure injuries such as asbestos, but can also be relevant in medical malpractice cases or pharmaceutical injury cases. Some states even allow an extension for situations where the victim was an under-age person at the time of the incident. This is because they are unable to bring a lawsuit until they reach the age of adulthood and it may be difficult for them to understand the connection between their injuries and the reason behind it when they're young. Another issue to consider is that an injury could affect a person's ability to earn money in the future, and this could be taken into account as part of the damages, particularly if they are prevented from working. In these situations, the injured party has the right to claim compensation from their employer for the wages they would have earned had they not been restricted from working because of the injury. It is crucial that anyone injured seek legal advice as soon as they can after their accident. They should speak with an experienced personal injury lawyer to determine the statute of limitations is for their particular case and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements that protect against liability, loss and damage. It could refer to insurance for liability and property as well as health, auto, boatowners' and personal watercraft insurance. Annuities, life insurance policies and trusts may be added. Insurance companies can be affiliated with or independent of financial service providers and may use different business models to sell their services. Liability insurance covers the cost of bodily injuries and death caused by you while driving your vehicle. Flint injury attorneys can also cover property damage to a vehicle or other property belonging to another (such as a fence, building or utility pole). PIP or personal injury protection insurance will cover medical expenses as well as those of your passengers in the event that you are injured in an accident that is not your fault. It also covers lost income as well as compensation for pain or suffering. Loss of enjoyment of life's damages can be compensated for the negative effect an accident can have on your life. For example you may have missed out on the activities you used to enjoy. Compensation for suffering and pain is intended to make you whole again by addressing your physical discomfort and emotional distress. Damages resulting from the loss of property could cover the cost to repair or replace damaged items or get the fair market value of your item. In general, property damages are valued at replacement cost that is, the amount you would have to pay to replace your item with one of the same kind and quality, minus the depreciation. If it is necessary, compensation for funeral costs can be included in a personal injury settlement. Representation Personal injury claims are civil lawsuits that award monetary compensation for individuals who have suffered harm as a consequence of the negligence or reckless conduct of another party. This includes claims that arise from work injuries, car accidents and medical malpractice. An attorney with expertise in personal injury can help you evaluate your case and determine how much compensation you may be entitled to. Lawyers typically charge a contingency fee, meaning they are only paid for winning your case. This arrangement permits those who have been injured to pursue their claims without fear of losing money if they lose their lawsuit. In addition to the financial damages for your economic losses, you could also be awarded a lump sum of general damages. These damages are not quantifiable in the same way that special damages are, however they do include lesser tangible costs such as pain and suffering loss or consortium, emotional distress, and defamation. The amount of damages is determined by the severity of your injuries and how they have changed your life. A competent lawyer can show the severity of your injuries and their impact to maximize your compensation. Your attorney will interview witnesses and collect evidence to back up your claim. He or she will look over medical records to show the extent of your injuries as well as the long-term consequences. They will also provide information on how accepting a settlement could affect your tax bill. Your attorney will draft a complaint once they have all the evidence necessary for your case. The legal document will contain your legal arguments on what the defendant's role was for the accident and the amount of damages you seek. Your attorney will also file any relevant paperwork with the court. Your lawyer will negotiate on your behalf with the insurance company after the complaint has been filed. This is a complicated task for those who aren't familiar with it, as insurance companies are not keen on paying large amounts of money and fight to protect their profits. A simple error can cost you thousands. It is therefore important to hire an experienced attorney who is familiar with the process.