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What Is a Personal Injury Claim? A personal injury claim is a formally processed claim for the right to monetary compensation. The compensation is usually awarded by a judge or jury after an investigation. Economic damages are a way to cover actual costs such as medical expenses and lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured because of another person or company's negligent or wrongful conduct and is injured, they are entitled to compensation for their loss. This is known as “damages.” The damages determined will be based on the circumstances of the accident, and may be decided by a jury after an investigation or agreed upon by the parties in a settlement negotiation. The following are common types of personal injury damages: Economic damages refer to the actual financial costs or financial losses incurred as the result of an accident or injuries. Receipts, invoices, and other documentation can be used to prove the existence of these damages. Economic damages can include future foreseeable costs including medical expenses and loss of earning potential, and ongoing medical care. The emotional and psychological impact resulted from an injury or accident is referred to as non-economic or hedonic damages. These damages are harder to value than expense or financial losses. There is no standard formula to value these damages, and insurance companies typically employ a multiplier, or per diem determined by the severity of the injury. Accidental injuries can prevent you from engaging in regular activities like doing exercises, having fun, or even maintaining relationships with family and friends. In this case, you may be entitled to “loss-of-enjoyment” damages to compensate for the loss. In the end, emotional distress damages are intended to compensate you for the fear and mental anguish you have suffered as a result of your injuries. These damages could make up a large part of your compensation package. Punitive damages do not compensate you for the losses you've suffered, but rather penalize the party at fault for their outrageous or unconscionable actions. They are typically 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 as soon as possible to begin gathering evidence and support for your claim for damages. The sooner you start the process of proving the negligence and the magnitude of your losses, the more likely you will be awarded a fair 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 claims can be brought. This is beneficial to both the party who was at fault as well as the insurance companies that pay on these claims. The victim also has a the chance to claim the amount of compensation to which they are entitled to. The statute of limitations may differ by state and type of case. An experienced attorney can guide clients on the exact time limit applicable to their cases and any exceptions that could apply. In certain cases the discovery rule could extend a statute beyond its normal limitation of three years. The clock doesn't begin to run on a claim until an injured person is aware or ought to be aware that there is an association between their injury and the incident which caused it. This is the case for toxic exposure injuries, such as asbestos. It can also be relevant in medical negligence or pharmaceutical injury cases. Certain states even allow an extension for instances where the person who was injured was minor at the time of the incident. They aren't able to file a suit until they are adults and it can be difficult to comprehend that their injury was caused by someone else when they're younger. Another potential issue is that an injury might affect a person's ability to earn money in the future, and this can be taken into account as part of the damages, especially if they are prevented from working. In these cases, the injured party has the right to receive compensation from their employer for wages they would have received if they hadn't been disabled from working due to their injury. It is important that injured parties seek legal advice as quickly as possible following their accident. They should speak with an experienced personal injury lawyer to determine what the time-limit for their particular case and discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to refer to agreements or policies which protect against loss, liability, and damage. It could refer to insurance for liability and property as along with health insurance, boatowners', auto and personal watercraft coverage. Annuities, life insurance policies and trusts could also be included. Insurance companies can be associated with financial service providers or operate independently. They can also use different business models to sell their products. 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 other property belonging to another (such as fences, buildings or utility pole). PIP or personal injury protection insurance covers your medical expenses and those of your passengers if you are injured in an accident that was not your fault. It may also cover lost income or compensation for pain and suffering. The loss of enjoyment in life-altering injuries can compensate for the negative impact that an accident has on your daily life. For example you might have missed out on the activities you used to enjoy. Compensation for suffering and pain is intended to restore your health by addressing your physical discomfort and emotional stress. Damages resulting from the loss of property can provide the funds needed to repair or replace damaged item or to recuperate its fair market value. Corpus Christi injury lawyer are usually valued at replacement costs which is the amount you would need to pay to replace the item with one of the same quality and type, without taking into account depreciation. If necessary, compensation for funeral costs could be included in a personal injury settlement. 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 conduct of another party. This includes claims arising out of accidents at work, car accidents and medical malpractice. An attorney with expertise in personal injury can assist you assess your case and determine how you are entitled to. Attorneys typically are paid on a contingency basis meaning they only receive compensation if you win your case. This arrangement permits injured plaintiffs to pursue their claims without the risk of losing money if they fail to succeed in their lawsuit. You could also be awarded general damages in addition to the financial compensation you receive for your economic losses. These damages aren't quantifiable in the same manner that special damages are, but they do contain 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 skilled lawyer can demonstrate the extent of injuries and their impact to maximize your compensation. Your attorney will collect 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 information on how settling a case might affect your taxes. Your lawyer will draft a complaint once they have all the information required to prove your case. This legal document will outline your legal arguments regarding the reasons why the defendant is accountable for the accident, and it will also state the amount of damages you are seeking. Your attorney will file all the necessary paperwork with the court. After the complaint has been filed, your attorney will then negotiate with the insurance company on your behalf. It can be a complicated procedure for those not experienced with the process, as insurance companies will not pay large amounts of cash and will fight to protect their bottom line. A single mistake can cost you thousands. It is therefore essential to have a knowledgeable attorney who is familiar with the process.