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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. The amount of compensation is typically awarded by a jury or judge after the 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 as a result by the negligence of a person or business the injured party has a right to compensation. This is known as “damages.” The amount of damages awarded depend on the circumstances of the accident, and can be determined by a jury after a trial or agreed upon by the parties after an agreement to settle. Personal injuries can be classified into the following categories: Economic damages refer to the actual financial costs or financial losses incurred as the result of an accident and injuries. They can be proved by receipts, invoices and other documentation. Future costs that are foreseeable, such as medical bills or loss of earning capacity and ongoing costs for care are also included in the award of economic damages. Hedonic or non-economic damages are the psychological and emotional consequences of an injury or accident. These damages are more difficult to assess than financial or expense losses. There is no established formula for valuing these damages. Insurance companies use an amount multiplier that is based on the severity and duration of the injuries. Accidental injuries can prevent you from engaging in regular activities like engaging in exercise, taking part in hobbies or even maintaining a relationship with family and friends. In this instance you could be entitled to “loss-of-enjoyment” damages to compensate for the loss. Finaly, emotional distress damages compensate you for the mental apprehension and fear you've endured due to your injuries. These damages could make up an important portion of your compensation package. Punitive damages aren't designed to compensate you for your losses, but instead penalize the party at fault for egregious or outrageous behavior. They are typically awarded only in cases of serious injuries or wrongful deaths. If you or a loved one was injured in an accident, you need to contact a New York City personal injury attorney immediately to start gathering evidence and support for your claim for damages. The sooner you start the process of proving your negligence and the severity of your losses the more likely you are to receive 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 that can be filed. This protects the at-fault party and insurance companies that pay out on such claims. It also ensures that the victim has a realistic chance of obtaining the compensation they are entitled to, since memories fade and evidence can be lost over time. However the statute of limitations varies depending on the state and the type of case. An experienced attorney will be able to advise clients of the specific time limit applicable to their case, as well as any exceptions that could apply. For example, in some circumstances, the discovery rule could extend a statute of limitations beyond its normal three-year limit. This is because the clock doesn't begin clocking on claims until the party who suffered the injury is aware or reasonably should realize that there's an association between their injuries and the incident that led to it. This is usually the case for toxic exposure injuries, such as asbestos, however, it can also be relevant in medical malpractice cases or pharmaceutical injury cases. Some states allow an extension for situations where the victim was minor at the time of the incident. This is because they are unable to bring a lawsuit until they reach the age of majority and it is difficult for them to grasp the connection between their injury and the reason behind it when they're young. The future ability of a person to earn a living can be considered a part of the damages, particularly if they have been prevented from working. In these cases the person who has suffered an injury has the right to receive compensation from their employer for the amount of wages they would have earned in the event that they weren't restricted from working because of their injury. Ultimately, it is vital that anyone injured seek legal advice as soon as possible after their accident. They should speak with an experienced personal injury lawyer to determine what the statute of limitations is for their case and to discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to policies or agreements that protect against liability, loss, and damage. It could include property and liability insurance as in addition to health insurance, boatowners', auto and personal watercraft insurance. Annuities, life insurance policies, and trusts can be added. Insurance companies can be associated with or operate independently of financial service providers and can use various business models to provide their services. Liability insurance will protect you from the expenses associated with a bodily injury or death to someone else caused by your car. It can also cover property damage to a vehicle or other property belonging to someone else (such as fences, buildings or utility pole). PIP or personal injury protection insurance will cover your medical expenses and the expenses of your passengers if you are injured in an accident that was not your fault. The insurance also covers lost income and compensation for pain or suffering. Damages for the loss of enjoyment can compensate you for the negative effect that an accident has had on your life like missing the activities you once enjoyed. The compensation for pain and suffering is designed to make you whole by taking care of your physical discomfort as well as your emotional stress. Damages due to the loss of property may provide the funds needed to repair or replace damaged items or recover its fair market value. Most often, property damage is valued at the cost of replacement which is the amount you'd have to pay to replace the item with a similar item of the same type and quality without deducting for the depreciation. A personal injury settlement can include compensation for funeral costs should they be required. Representation A personal injury claim is a civil action which awards monetary compensation to individuals who suffer harm by another party's negligent or willful behavior. This could include claims arising out of accidents at work, car accidents as well as medical malpractice. A personal injury attorney can assist you in evaluating the case and determine what compensation you are entitled to. Attorneys generally charge a contingency fee, which means they only get paid if they win your case. This arrangement permits injured plaintiffs to pursue their claims without risking losing money if they do not win their case. You could also be awarded general damages in addition to the monetary compensation for your economic losses. These damages are not quantifiable in the same manner that special damages are, however they do cover less tangible costs like the pain and suffering as well as loss or consortium emotional distress, and defamation. The amount of damages you receive will depend on the severity of your injury and how it has affected your life. A competent lawyer can show the severity of injuries and their impact on your life to maximize your compensation. Your lawyer will gather evidence to support your case and interview witnesses. He or she will look over medical records to show the severity of your injuries as well as their long-term impacts. They will also offer guidance on how settling a case could affect your tax bill. After they have gathered all of the necessary information to support your case, your lawyer will draft the complaint. The legal document will contain your legal arguments on the reason why the defendant is responsible for the accident as well as the amount of damages that you are seeking. Your lawyer will file all paperwork required with the court. Your lawyer will negotiate on your behalf with the insurance company once the complaint has been filed. It can be a difficult process for those who are unfamiliar with the process, as insurance companies do not pay out large sums of cash and will fight to protect their bottom line. Newport Beach injury lawsuit could cost you thousands. Therefore, it is essential to work with an experienced attorney who is familiar with the process.