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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. This is usually awarded by a judge or jury after an investigation. Economic damages include actual expenses such as medical expenses or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages When someone is injured as a result of the negligence of another company or individual's behavior and is injured, they are entitled to compensation for their loss. This is referred to as “damages.” The amount of damages awarded depend on the accident circumstances, and could be decided by a jury after trial or negotiated by the parties following an agreement to settle. There are a few common types of personal injury damages: Economic damages refer to the actual financial costs or financial losses that are incurred as a result of an accident or injuries. These can be proven with receipts, invoices, and documentation. Economic damages could be a result of future expenses like medical expenses, loss of earning capacity, and ongoing medical care. The emotional and psychological impact caused by an accident or injury is referred to as noneconomic or hedonic damage. These damages are more difficult to assess than expenses or financial losses. There is no standard formula to determine the value of these damages. Insurance companies employ a multiplier based upon the severity and duration of the injuries. The injuries that result from an accident can prevent you from enjoying the activities of daily life like exercise, hobbies, and even relationships with your family and friends. If this is the case, you may be awarded “loss of enjoyment” damages to compensate you for this loss. Finality emotional distress damages pay you for the mental stress and fear you've endured because of your injuries. The amount you receive for these damages can be a significant part of your compensation package. Punitive damages are not intended to compensate you for the losses you've suffered, but rather punishes the party at fault for their outrageous or egregious actions. They are typically awarded only in cases involving serious injury or death. If you or someone close to you has been 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 start the process of proving your negligence and the extent of your losses, the more likely that you will receive a fair settlement. Statute of limitations It is important that personal injury claims are filed within the timeframe of the statute of limitations which is a predetermined time frame following an accident in which a claim can be brought. This protects the person at fault, as well as insurance companies that pay out on such claims. The victim also has a the chance to claim the compensation that they are entitled to. However the statute of limitations varies by state and case type. A knowledgeable attorney can advise clients on the time limit applicable to their particular case and any other exceptions. In some cases the discovery rule could extend a statute past its normal limitation of three years. The clock does not start to run on a claim until the injured person is aware or should be aware that there exists a link between their injury and the incident which caused 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. Certain states even permit an extension in cases where the injured party was minor at the time of the incident. They are not able to file a lawsuit until they are adults and it is hard to comprehend the fact that their injuries were caused by someone else when they are younger. A person's ability to earn money can also be considered as part of the damages, especially in the event that they were restricted from working. In these instances the person who has suffered an injury is entitled to a reimbursement from their employer for the wages they would have earned had they not been unable to work due to their injury. It is important that injured parties seek legal advice as soon as they can after their accident. A personal injury lawyer can assist them determine the statute of limitations for their particular case, and 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 refer to auto, health, boatowners, and personal watercraft insurance, as well as property and liability coverage. It can also include life insurance trusts, annuities and policies. Insurance companies may be affiliated with financial services providers or operate on their own. They may also employ various of business models to provide their services. Liability insurance will protect you from the expenses associated with a bodily injury or death of someone else that you cause while driving your car. Union City injury lawsuit covers the cost of damages to property caused by the vehicle of another or to other property (such as the fence, a building or utility pole). Personal injury protection, also known as PIP insurance covers medical expenses for passengers and you who are injured in a crash that is not your fault. The insurance also covers lost income and compensation for pain or suffering. Damages for the loss of enjoyment in life could compensate you for the negative effect that an accident has had on your life, such as missing out on activities you used to enjoy. Compensation for pain and suffering is designed to restore your health by taking care of your physical discomfort and emotional stress. Property damage can be used to pay for the repair or replace damaged objects, or even recover their fair market value. Property damages are usually valued at replacement costs, which is the amount you would have to pay to replace the item with a new one similar quality and design without taking into consideration depreciation. If it is necessary, compensation for funeral costs could be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits that award monetary compensation to individuals who suffered injury as a result of the negligence or reckless conduct of another party. This includes claims that arise from work injuries, car accidents, and medical negligence. An attorney for personal injuries can help you assess the situation and determine the compensation you are entitled to. Lawyers are typically paid on a contingency basis, meaning they only get paid if you win your case. This arrangement allows injured plaintiffs to pursue their cases without the risk of losing money if they do not prevail in their lawsuit. In addition to the financial damages for your economic losses, you may be awarded a lump sum of general damages. These damages are not quantifiable in the same manner that special damages are, but they do include less tangible costs like the pain and suffering loss or consortium, defamation and emotional distress. The amount of these damages is determined by the severity of your injuries and how they have affected your life. A skilled lawyer will be able to show the severity of your injuries and their impact on you to maximize your compensation. Your attorney will speak with witnesses and collect evidence to support your case. They will go through medical records to establish the extent of your injuries, and their long-term effects. They can also advise you on how settling a case can affect your tax liability. Your lawyer will draft a complaint after they have all the information needed to prove your case. This legal document will outline your legal arguments as to why the defendant is responsible for the accident, and will include the amount of damages you want. Your lawyer will file all the necessary paperwork with the court. Your lawyer will negotiate on your behalf with the insurance company after the complaint has been filed. It can be a complicated procedure for those not experienced with the procedure, since insurance companies will not pay large amounts of cash and will fight to protect their bottom line. A simple error can cost you thousands. It is therefore essential to hire an experienced lawyer who understands the procedure.