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What Is a Personal Injury Claim? A personal injury claim is a formal processed claim for the right to compensation in monetary terms. The compensation is usually granted by a jury or judge after a trial. Economic damages cover actual expenses such as medical bills and lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured as a result of another person or company's negligent behavior and is injured, they are entitled to compensation for their losses. This is referred to as “damages.” The amount of damages awarded depend on the accident circumstances, and could be decided by a jury following trial or negotiated by the parties following an agreement to settle. Personal injuries can be classified into the following categories: Economic damages are the actual costs in terms of money or financial losses incurred as a result of an accident or injuries. Receipts, invoices and other forms of documentation can be used to prove the existence of these damages. Future-looking costs like medical bills or loss of earning capacity and ongoing medical expenses can also be 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 quantify than the financial or expense loss. There is no formula that can be used to determine the value of these damages. Insurance companies use a multiplier based upon the severity and duration of the injuries. Accidental injuries may prevent you from engaging in everyday activities such as doing exercises, having fun or even maintaining relationships with family and friends. If this is the case, you may be awarded “loss of enjoyment” damages to compensate you for this loss. Finally, emotional distress damages are a way to pay for the anxiety and mental anguish you have experienced 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 your losses, but rather punish the person at fault for their outrageous or egregious behavior. They are typically granted only in cases that involve serious injury or wrongful death. If you or someone close to you has been injured in an accident, it's important to speak with an New York City personal injury attorney immediately to start 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 a fair settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time limit following an accident when claims can be brought. This protects both the party who was at fault as well as the insurance companies who pay out on the claims. The victim also has a a chance to recover the compensation they are entitled to. However, the statute of limitations varies according to the state and type of case. A knowledgeable attorney can advise clients on the statute of limitations applicable to their case and any other exceptions. In some cases the discovery rule can extend a statute beyond its normal limitation of three years. Redding injury attorneys does not start to run on a claim until the injured party is aware or reasonably ought to be aware of an association between their injury and the incident that caused it. This is typically the case with toxic exposure injuries, like asbestos, but could also be relevant in medical malpractice cases or pharmaceutical injury cases. Some states allow for an extension in cases 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 adulthood, and it can be difficult for them to understand the connection between their injury and the reason behind it while they are still young. The future ability of a person to earn money could be considered as part of the damages, especially if they have been disabled from working. In these cases the injured party is entitled to compensation from their employer for the amount of wages they would have received had they not been restricted from working because of the injury. It is crucial that the person who has been injured seek legal advice as soon as possible after the accident. They should consult an experienced personal injury lawyer to determine what the time limit is for their case, and to discuss any potential exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies that provide protection against loss, liability and damage. It can refer to health, auto, boatowners, and personal watercraft insurance, in addition to property and liability coverage. Life insurance policies, annuities and trusts could also be included. Insurance companies may be affiliated with financial service providers or operate independently. They may also employ various business models to offer their services. Liability insurance protects you from the costs that come with a bodily injury, or death of someone else 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 fence, building or utility pole). PIP or personal injury protection insurance pays for medical expenses as well as the expenses of your passengers if you are injured in an accident that is not your fault. It may also cover loss of income or 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 like missing out on activities that you once enjoyed. Compensation for pain and suffering is designed to help you recover by dealing with the physical discomfort as well as your emotional distress. Damages to property can cover the costs to repair or replace damaged items or recover their fair market value. Damages to property are usually assessed at replacement costs, which is the amount you would need to pay to replace the item with one of the same quality and design without taking into consideration depreciation. If it is necessary funeral costs are included, compensation can be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits that award monetary compensation to those who have suffered harm as a consequence of the negligence or wrongful actions of another. This includes claims arising out of car accidents, workplace injuries, and medical negligence. An attorney for personal injuries can help you evaluate the situation and determine the compensation you are entitled to. Attorneys typically charge a contingency fee, meaning they only get paid for winning your case. This arrangement allows injured plaintiffs to pursue their cases without risking losing money if they fail to win their case. In addition to the financial damages for your economic losses, you could also be awarded a sum called general damages. These damages cannot be quantifiable in the same manner that special damages are, but they do include less tangible costs like pain and suffering as well as loss or consortium defamation and emotional distress. The amount of damages is determined by the severity of your injuries and how they affected your life. A competent lawyer can prove the severity of your injuries and their impact on you in order to maximize your compensation. Your lawyer will gather evidence for your case and interview witnesses. He or she will also look over medical records to show the extent of your injuries as well as the long-term consequences. They can also advise you on how settling a case could impact your taxes. Your attorney will draft a complaint after they have all the information needed to prove your case. This legal document will include your legal arguments on why the defendant was responsible for the accident and the amount of damages that you seek. Your lawyer will file all the necessary paperwork with the court. Your attorney will negotiate on behalf of you with the insurance company once the complaint has been filed. It can be a difficult process for those who are not familiar with the procedure, since insurance companies are not willing to pay large sums of cash and will fight to protect their bottom line. One mistake can cost you thousands of dollars, so it is crucial to have an experienced attorney to your side who knows the procedure.