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What Is a Personal Injury Claim? A personal injury claim is a formal declaration of your right to compensation. This is usually awarded by a judge or jury following a trial. Economic damages are the actual cost of a transaction like medical bills or lost wages. Non-economic damages include the compensation for emotional distress and suffering. Damages If someone is injured because of the negligence of another business or individual the injured party has a right to be compensated. This is referred to as “damages.” The amount of damages determined will be based on the circumstances that caused the accident and may be decided by a jury following an investigation or agreed upon by the parties in an agreement to settle. The following are common kinds of personal injury damages: Economic damages refer to the actual monetary expenses or financial losses that are incurred as a result of an accident and injuries. These can be proven by receipts, invoices and other documentation. Economic damages could include future foreseeable costs like medical expenses, loss of earning potential, and ongoing care. The psychological and emotional impact that is caused by an accident or injury is referred to as noneconomic or hedonic damages. They are more difficult to determine than the expense or financial loss. There is no set formula to value these damages, and insurance companies usually employ a multiplier or per diem based on the severity of the injury. Accidental injuries can stop you from engaging in daily activities like doing exercises, having fun or even maintaining a relationship with friends and family. In this instance you may be entitled to “loss-of-enjoyment” damages to compensate for your loss. In the end emotional distress damages are a way to compensate you for the fear and mental anguish that you've endured as a result your injuries. These damages could make up the majority of your compensation package. Punitive damages do not compensate you for the losses you've suffered, but rather penalize the person responsible for their outrageous or unconscionable behavior. They are usually granted only in the event of serious injury or death. If you or a loved one has been injured in an accident, it's important to speak with an 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 the 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 prescribed timeframe of limitations. This is a period of time after an accident within which can be filed. This protects the at-fault party, as well as insurance companies who pay on these claims. It also gives the victim a chance to recover the compensation they are entitled to. The statute of limitations may differ depending on the state and the type of case. An experienced attorney can guide clients on the exact statute of limitations that applies to their cases and any exceptions that may apply. In some cases the discovery rule can extend a statute of limitations beyond the normal limit of three years. This is because the clock doesn't start clocking on an injury until the injured party realizes or ought to realize that there is a connection between their injury and the incident that led to it. This is the case with toxic exposure injuries, such as asbestos. It could also be relevant for medical malpractice or pharmaceutical injury cases. Certain states allow an extension of time in cases where the person who was injured was a minor at the time the incident occurred. This is because they are unable to bring a lawsuit until they reach the age of adulthood, and it can be difficult for them to grasp the connection between their injury and the reason for it when they are young. Another possibility is that an injury may impact a person's capacity to earn money in the future, which could be considered part of the damages, especially if they are prevented from working. In these cases the person who has suffered an injury is entitled to reimbursement from their employer for the earnings they could have earned had they not been unable to work due to an injury. It is important that injured parties seek legal advice as quickly as possible following their accident. They should consult with an experienced personal injury lawyer to determine the time-limit 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 protect against loss, liability and damage. It can refer to auto, health, boatowners and personal watercraft insurance, in addition to insurance coverage for property and liability. It could also include life insurance policies, annuities and trusts. Insurance companies may be associated with or independently of financial service providers and can employ various business models to sell their products. Liability insurance will protect you from the expenses associated with a bodily injury, or death to someone else that you cause while driving your vehicle. It also covers damages for property damage to another's vehicle or other property (such as the fence, a utility pole or building). PIP or personal injury protection insurance pays for your medical expenses and those of your passengers if you are injured in an accident that was not your fault. This insurance can also cover the loss of income and compensation for pain or suffering. Damages for loss of enjoyment of life can compensate you for the negative effect that an accident has had on your life for example, if you have missed the activities you once enjoyed. Compensation for pain and suffering is designed to help you recover by dealing with your physical discomfort and emotional stress. Loss of property damages may cover the costs to repair or replace damaged items or even recover their fair market value. Most often, property damage is valued at the cost of replacement which is the amount that you would have to pay to replace the item with one of the same type and quality, minus the depreciation. If it is 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 harm as a consequence of the negligence or reckless behavior of another. This includes claims arising from car accidents, work-related injuries or medical negligence. An attorney for personal injuries can help you assess the case and determine the compensation you are entitled to. Attorneys typically are paid on a contingency basis, which means they only receive compensation if you succeed in your case. This arrangement permits injured plaintiffs to pursue their cases without risking losing money if they fail to succeed in their lawsuit. In addition to the monetary damages for your economic losses, you may be awarded a sum called general damages. These damages aren't quantifiable in the same way that special damages are, however they do contain lesser tangible costs such as the pain and suffering, loss or consortium, emotional distress and defamation. The amount of damages is determined by the severity of your injuries and how they affected your life. A skilled lawyer will be able to prove the severity of your injuries and their effect on you in order to maximize your compensation. Your attorney will interview witnesses and gather evidence to support your case. They will also review medical records to show the extent of your injuries, and their long-term effects. They will also offer guidance on how accepting a settlement might affect your taxes. Santa Monica injury attorney YouTube will draft a complaint after they have all the information needed to prove your case. This legal document will set forth your legal arguments for the reasons why the defendant is accountable for the accident, and will also state the amount of damages you're seeking. Your lawyer will file all necessary paperwork with the court. After the complaint is filed, your lawyer will then negotiate with the insurance company on your behalf. It can be a difficult process for those who are not familiar with the procedure, since insurance companies will not pay out large sums of cash and will fight to protect its bottom line. A single mistake can cost you thousands. It is therefore essential to hire an experienced attorney who is familiar with the process.