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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. The compensation is usually given by a jury or judge following the trial. Economic damages are a way to cover actual costs like medical bills and lost wages. Non-economic damages include compensation for emotional distress and pain. Damages When someone is injured due to another person or company's negligent actions, they are entitled to compensation for their losses. Damages are awarded based upon the circumstances of the accident and may be determined by a court following an investigation or by the parties after a settlement negotiation. The following are common kinds of personal injury damages: Economic damages are the actual costs or losses incurred as a result of an accident. Receipts and invoices as well as other documentation can be used to prove the damages. Future foreseeable costs such as medical bills or loss of earning capacity and ongoing costs for care could also be included in the award of economic damages. Hedonic or non-economic damages are psychological and emotional consequences of a collision or injury. These damages are more difficult to value than financial or expense losses. There is no formula that can be used to determine the value of these damages, and insurance companies usually employ a multiplier or per diem depending on the severity of the injury. Accident-related injuries can hinder your enjoyment of your daily activities like exercise, hobbies or even the bonds with your family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to pay for this loss. Finality, emotional distress damages compensate you for the mental apprehension and fear you have experienced as a result of your injuries. These damages could constitute a large part of your compensation package. Punitive damages do not compensate you for the damages you have suffered, but rather punishes the party at fault for their blatant or indecent behavior. They are usually awarded only in the case of grave injury or death. If you or a loved one was injured in an accident, it's important to speak with an New York City personal injury attorney right away to begin collecting evidence and support for your claim for damages. Newton injury attorneys start the process of proving negligence and the magnitude of your losses the more likely that you will receive an equitable settlement. Statute of limitations Personal injury claims must be filed within the prescribed timeframe of limitations. This is a period of time following an accident when a claim may be brought. This safeguards both the person at fault and insurance companies who pay out on these claims. It also ensures that the victim has a realistic chance of obtaining the compensation they are entitled to, as memories fade and evidence can be lost over time. The statute of limitations can differ depending on the state and the type of case. An experienced attorney will be able to inform clients of the specific time-limits applicable to their cases and any other exceptions that might apply. In certain circumstances, the discovery rule may extend a statute of limitations beyond its normal limit of three years. The clock does not start to run on a claim until the injured party is aware or should be aware that there exists a link between their injury and the event that caused it. This is the case with toxic exposure injuries like asbestos. It may also be relevant in medical negligence or pharmaceutical injury cases. Some states allow for an extension of time in cases where the injured person was a minor at the time the incident occurred. They are not able to file a lawsuit until they are adults, and it is difficult for them to understand that their injury was caused by someone else when they're younger. A person's ability to earn a living can be considered as part of the damages, particularly in the event that they were restricted from working. In these instances the person who has suffered an injury has the right to claim compensation from their employer for the amount of wages they would have received in the event that they weren't disabled from working due to the injury. It is crucial that any injured party seek legal advice as soon as they can after the accident. They should speak with an experienced personal injury lawyer to determine the statute of limitations is for their case, and to discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to describe agreements or policies that safeguard against loss, liability and damage. It could refer to insurance for liability and property as well as health, auto, boatowners' and personal watercraft insurance. Life insurance policies, annuities and trusts could be added. Insurance companies may be associated with or independent of financial services providers and can use a variety of business models to sell their services. Liability insurance will protect you from the costs associated with bodily injury or death of someone else that you cause while operating your car. It can also cover property damage to a vehicle or property belonging to another (such as fences, buildings or utility pole). Personal injury protection, also known as PIP insurance covers medical expenses for you and your passengers who are injured in a crash that is not your fault. It may also cover loss of income or compensation for pain and suffering. Loss of enjoyment of life damages can compensate for the negative effect an accident has on your daily life. For example, you may have missed out on activities you used to enjoy. Compensation for pain and suffering is intended to restore your health by taking care of both your physical discomfort and your emotional pain. Damages resulting from the loss of property can be used to pay for the repair or replace damaged property or get the fair market value of your item. Property damages are usually valued at replacement costs, which is the amount you would have to pay to replace the item with another of the same quality and type without incorporating depreciation. If needed funeral expenses are compensated, this can be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits which award monetary compensation for individuals who have suffered injury as a result of the negligence or willful behavior of another. This includes claims stemming from car accidents, work injuries as well as medical negligence. A personal injury lawyer can help you assess the case and determine what compensation you are entitled to. Attorneys generally charge a contingency fee, which means they only get paid when they win your case. This arrangement permits injured plaintiffs to pursue their claims without the risk of losing money if they don't win their case. You may also be awarded general damages in addition to the monetary compensation for your economic losses. These damages aren't quantifiable the way that special damages are, but they do cover less tangible expenses 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 will be able to prove the severity of your injuries and their effect on you to maximize your compensation. Your attorney will collect evidence to support your case and talk to witnesses. He or she will also look over medical records to show the extent of your injuries as well as their long-term impacts. They can also advise you about how accepting a settlement could impact your taxes. Your attorney will draft a formal complaint once they have all the facts required for your case. This legal document will present your legal arguments for the reasons why the defendant is accountable for the accident, and will state an amount of damages you want. Your attorney will also file any relevant paperwork with the court. After the complaint is filed, your attorney will then negotiate with the insurance company on your behalf. It can be a complicated process for those who are not experienced with the process, because insurance companies do not pay large amounts of cash and will fight to protect their bottom line. A simple error can cost you thousands. It is therefore important to have a knowledgeable attorney who knows the process.