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What Is a Personal Injury Claim? A personal injury claim is a legally processed assertion of the right to monetary compensation. This compensation is usually awarded by a judge or jury after a trial. Economic damages cover the actual costs such as medical bills and lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured because due to the negligence of another business or person, they have a right to compensation. Damages are determined based on the specific circumstances of the accident. They may be determined by a judge following a trial, or by the parties following a settlement negotiation. There are a few common kinds of personal injury damages: Economic damages represent the actual financial costs or financial losses incurred as the result of an accident and injuries. Receipts, invoices and other forms of documentation can be used to prove the existence of these damages. Economic damages may be a result of future expenses, such as medical costs as well as loss of earning potential, and ongoing care. Noneconomic or hedonic damages are psychological and emotional effects of an injury or accident. They are more difficult to value than the financial or expense loss. There is no standard formula to evaluate these damages. Insurance companies use an amount multiplier that is based on the severity and time of the injury. Accidental injuries may prevent you from engaging in everyday activities such as doing exercises, having fun or even maintaining relationships with friends and family. If this is the case, you can be awarded “loss of enjoyment” damages to pay for this loss. Lastly, emotional distress damages are a way to pay for the anxiety and mental anguish you have endured as a result your injuries. The award of these damages can be a major component of your compensation package. Punitive damages do not compensate you for the damages you've suffered, but rather punishes the person at fault for their blatant or indecent actions. They are typically awarded only in cases of serious injury or wrongful deaths. If you or a loved one has been injured in an accident, it's crucial to speak with a New York City personal injury attorney immediately to start gathering evidence to support your claim for damages. The earlier you begin the process of proving the negligence and the extent of your losses, the more likely you are to receive an equitable settlement. Statute of limitations It is important that personal injury claims are filed within the statute of limitations which is a defined time frame following an accident during which a claim is brought. This safeguards both the person responsible and the insurance companies who pay out on these claims. It also ensures that the victim has a fair 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 by state and case type. An experienced attorney can guide clients on the time frame applicable to their particular case and any other exceptions. For example, in some cases the discovery rule can extend the statute of limitations beyond its normal three-year limit. The clock does not begin to run on a claim until an injured person is aware or ought to be aware of a link between their injury and the event that caused it. This is typically the case with toxic exposure injuries like asbestos, but can also be relevant in medical malpractice or cases involving pharmaceutical injury. Some states even allow for an extension in cases where the injured party was minor at the time of the incident. They cannot file a suit until they are older and it can be difficult to comprehend the fact that their injuries were caused by another person when they were younger. A person's future ability to earn money can also be considered a part of the damage, particularly when they are disabled from working. In these situations, the injured party is entitled to a reimbursement from their employer for the wages they would have earned if they had not been prevented from going to work because of their injury. It is crucial that the person who has been injured seek legal advice as soon as they can after their accident. They should consult an experienced personal injury lawyer to determine the time limit 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 provide protection against liability, loss, and damage. This could include health, auto, boatowners and personal watercraft insurance as well as insurance coverage for property and liability. It could also include life insurance trusts, annuities and policies. Insurance companies can be associated with or operate independently of financial service providers and may use various business models to offer their products. Liability insurance can protect you from the costs that come with a bodily injury or death to someone else caused by your car. It can also cover damages for property damage to the vehicle of another or to other property (such as a fence, building or utility pole). Mountain View injury lawyers or personal injury protection insurance will cover the medical expenses of you and those of your passengers in the event that you are injured in an accident that was not your fault. The insurance also covers lost income and compensation for pain or suffering. The loss of enjoyment in life's damages can be compensated for the negative impact an accident can have on your life. For example you may have missed out on activities you used to love. Pain and suffering compensation is intended to restore your health by addressing both your physical discomfort and your emotional pain. Damages due to the loss of property may provide the funds needed to repair or replace your damaged property or recover its fair market value. Property damages are usually valued at replacement costs, which is the amount you'd be required to pay to replace the item with another of the same type and design without taking into consideration depreciation. If needed, compensation for funeral costs can be included in a personal injury settlement. Representation Personal injury claims are civil lawsuits that award monetary compensation to individuals who suffered harm as a consequence of the negligence or wrongful actions of another. This could include claims arising from accidents at work, car accidents, and medical malpractice. An attorney who is specialized in personal injury can help you assess your case and determine how you are entitled to. Attorneys are usually paid on a contingent basis, meaning they only get paid if they win your case. This arrangement allows injured plaintiffs to pursue their claims without risking losing money if they do not succeed in their lawsuit. You may be awarded general damages in addition to the amount of money you are compensated for the economic losses. These damages are not quantifiable the way that special damages are, but they do cover lesser tangible costs such as the pain and suffering, loss or consortium, emotional distress and defamation. The amount of damages is contingent on the severity of your injury and how it has affected your life. A competent lawyer can show the severity of your injuries and their impact to maximize your compensation. Your attorney will collect evidence to support your case and talk to witnesses. He or she will review medical records to establish the extent of your injuries and their long-term effects. They can also advise you on how settling a case could affect your tax bill. Once they have gathered all the information needed for your case, your attorney will prepare the complaint. This legal document will include your legal arguments on the reason why the defendant is responsible for the accident as well as the amount of damages you want. Your attorney will file all the necessary paperwork with the court. Your attorney will negotiate on your behalf with the insurance company after the complaint has been filed. 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 their bottom line. A mistake could result in thousands of dollars, which is why it is crucial to have an experienced lawyer to your side who is familiar with the process.