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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. The amount of compensation is typically granted by a jury or judge following a trial. Economic damages cover the 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 as a result of the negligence of another business or individual or business, they are entitled to be compensated. This is referred to as “damages.” The amount of damages awarded depend on the circumstances that caused the accident and can be determined by a jury following an investigation or agreed upon by the parties after an agreement to settle. Personal injury damages can be classified into the following categories: Economic damages are the actual costs or losses incurred in the event of an accident. Receipts, invoices and other forms of documentation can be used to prove the existence of these damages. Economic damages could include future foreseeable costs including medical expenses, loss of earning potential and ongoing medical care. Hedonic or non-economic damages are the psychological and emotional effects of a collision or injury. They are more difficult to quantify than the expense or financial loss. There is no established formula to evaluate these damages. Insurance companies employ a multiplier based on the severity and time of the injury. Injuries resulting from an accident can prevent you from enjoying the activities of daily life like sports, exercise, and even relationships with family and friends. In this situation, you may be entitled to “loss-of-enjoyment” damages to compensate for the loss. Finaly emotional distress damages are a way to compensate you for the mental apprehension and anxiety you've experienced because of your injuries. The award of these damages can be a significant component in your compensation package. Punitive damages are not designed to compensate you for your losses, but rather penalize the party at fault for their outrageous or egregious behaviour. These are usually granted only in the event of serious injury or wrongful deaths. If you or someone close to you has been injured in an accident, you need to speak with a New York City personal injury attorney as soon as possible to begin gathering evidence and supporting your claim for damages. The earlier you begin the process of proving your negligence and the extent of your losses the more likely you will get an equitable settlement. Statute of limitations Personal injury claims must be filed within the timeframes of limitations. This is a time frame following an accident when can be filed. This protects both the party who was at fault as well as the insurance companies that pay on the claims. It also ensures that the victim has a reasonable chance of recovering the amount they are entitled to, as memories fade and evidence can be lost over time. The statute of limitations can vary by state and type of case. A knowledgeable lawyer will be able to guide clients on the exact time-limits applicable to their cases and any exceptions that may apply. For instance, in certain cases the discovery rule can extend a time-limit beyond its normal three-year limit. This is because the clock doesn't start ticking on claims until the injured party realizes or ought to realize that there is an association between their injuries and the event that caused it. This is the case with toxic exposure injuries such as asbestos. It can also be relevant in medical negligence or pharmaceutical injury cases. Some states allow for an extension of time in cases when the victim was a minor at the time the incident occurred. They aren't able to file a suit until they are older and it can be difficult for them to understand that their injury was caused by someone else when they are younger. Another issue to consider is that an injury might hinder a person's ability earn money in the future, and this can be considered part of the damages, particularly if they are prevented from working. In these situations the person who has suffered an injury has the right to receive compensation from their employer for the amount of wages they would have earned had they not been restricted from working because of their injury. Ultimately, it is vital that anyone injured seek legal advice as soon as possible after their accident. They should consult with an experienced personal injury lawyer to determine what the time limit is for their case, and to discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to refer to agreements or policies which protect against liability, loss and damage. It can refer to health, auto, boatowners and personal watercraft insurance in addition to insurance coverage for property and liability. It may also include life insurance trusts, annuities and policies. Insurance companies may be affiliated with financial service providers or operate on their own. They may also employ different business models to offer their services. Liability insurance can protect you from the costs that come with a bodily injury or death of someone else that you cause while operating your car. It also covers damages to property caused by another's vehicle or other property (such as the fence, a utility pole or building). Personal injury protection or PIP insurance covers medical expenses for passengers and you who are injured in a collision that is not your fault. It also covers lost income and compensation for pain or suffering. Scranton injury attorney for the loss of enjoyment of life can compensate you for the negative impact that an accident has had on your lifestyle like missing out on activities you previously enjoyed. Compensation for pain and suffering is designed to make you whole again by dealing with your physical discomfort and emotional distress. Damages resulting from the loss of property can be used to pay for the repair or replace damaged item or to get the fair market value of your item. 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 kind without incorporating depreciation. A personal injury settlement may include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits that award financial compensation for individuals who have suffered harm as a consequence of the negligence or willful behavior of another. This could include claims arising from car accidents, workplace injuries as well as medical negligence. An attorney for personal injuries can help you assess the case and determine the compensation you are entitled to. Lawyers typically charge a contingency fee, meaning they are only paid if they win your case. This arrangement permits plaintiffs who have suffered injuries to pursue their claims without the fear of losing money if they lose 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 as special damages, but they are less tangible, like pain and suffering and loss of 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 skilled lawyer will be able show the severity of your injuries and their impact on you to maximize your compensation. Your lawyer will gather evidence to support your case and interview witnesses. They will also review medical records in order to establish the extent of your injuries, and the long-term consequences. They can also advise you on how accepting a settlement could affect your tax bill. Once they have gathered all of the necessary information to support your case, your attorney will draft a 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 lawyer will also file any appropriate paperwork with the court. Once the complaint has been filed, your attorney will work with the insurance company on your behalf. This is a complicated task for those who aren't familiar with it, because insurance companies aren't interested in paying out significant sums of money and will fight to protect their bottom line. One misstep can result in thousands of dollars, so it is crucial to have an experienced attorney on your side who knows the procedure.