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What Is a Personal Injury Claim? A personal injury claim is a formal filed claim to the right to financial compensation. This compensation 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 are compensation for emotional suffering, pain and distress. Damages If someone is injured as a result due to the negligence of another business or person the injured party has a right to be compensated. This is referred to as “damages.” The damages awarded depend on the circumstances that caused the accident and could be decided by a jury after 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 represent the actual costs in terms of money or financial losses that are incurred as a result of an accident and injuries. Receipts, invoices, and other documents can be used to prove these damages. Future foreseeable costs such as medical bills and loss of earning capacity, and ongoing care costs can also be included in the economic damages award. The emotional and psychological impact caused by an injury or accident is known as noneconomic or hedonic damage. They are more difficult to determine than the cost or financial loss. There is no formula that can be used to determine the value of these damages. Insurance companies employ an amount multiplier that is based on the severity and duration of the victim's injuries. Accidental injuries can 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 could be awarded “loss of enjoyment” damages to compensate you for this loss. Finally emotional distress damages are a way to provide you with the financial compensation for the stress and mental anguish you have suffered as a result of your injuries. The award of these damages could be a major component of your compensation package. Punitive damages aren't designed to compensate you for your losses, but rather punish the person at fault for their outrageous or egregious behavior. They are typically granted only in the event of serious injuries or wrongful deaths. If you or a loved one has been injured in an accident, you need to contact an New York City personal injury attorney as soon as possible to begin gathering evidence and support for your claim for damages. The earlier you begin the process of proving negligence and extent of your losses, the more likely it will be that you'll receive a fair settlement. Statute of limitations It is essential that personal injury claims are filed within the time limit of the statute of limitations which is a predetermined period of time following an incident in which a claim can be filed. This safeguards the party at fault, as well as insurance companies that 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. However the statute of limitations varies by state and case type. An experienced attorney can advise clients on the time frame applicable to their case and any exceptions. In certain instances, the discovery rule may extend a statute of limitations past the normal limit of three years. This is because the clock does not begin clocking on an injury until the party who suffered the injury is aware or reasonably should realize that there is an association between their injuries and the incident that caused it. This is the case for toxic exposure injuries, such as asbestos. It may be relevant to medical negligence or pharmaceutical injury cases. Certain states allow an extension 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 adulthood and it is difficult for them to grasp the connection between their injury and the reason behind it while they are still young. Another potential issue is that an injury may hinder a person's ability earn money in the future, and this could be taken into account as part of the damages, especially in the event that they are unable to working. In these cases the person who was injured is entitled to receive a reimbursement from their employer for income they would have earned had they not been prevented from going to work because of their injury. It is important that injured parties seek legal advice as quickly as they can after their accident. A personal injury lawyer can assist them determine the statute of limitations for their particular case, and discuss any possible 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 include property and liability insurance as well as health insurance, boatowners', auto and personal watercraft coverage. Annuities, life insurance policies, and trusts can also be included. Insurance companies may be affiliated with financial services providers or operate on their own. They can also utilize different business models to offer their services. Liability insurance will 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 the cost of property damage to another vehicle or property (such as the fence, utility pole or building). Personal injury protection, also known as PIP insurance covers medical expenses for you and your passengers who are injured in a collision that is not your fault. It may also cover the loss of income or compensation for pain and suffering. The loss of enjoyment in life damages can compensate for the negative impact an accident can have on your life. For instance, you may have missed out on the activities that you once enjoyed. Pain and suffering compensation is designed to restore your health by addressing both your physical discomfort and your emotional distress. Damages resulting from the loss of property can be used to pay for the repair or replace damaged property or recuperate its fair market value. In Danbury injury attorneys , property damages are valued at the cost of replacement, which means the amount you'd have to pay to replace your item with one of the same kind and quality, minus the depreciation. A personal injury settlement may include compensation for funeral expenses should they be required. Representation A personal injury claim is a civil suit that awards financial compensation to people who have suffered harm as the result of an individual's reckless or negligent conduct. This includes claims arising from car accidents, work-related injuries and medical negligence. A personal injury attorney can assist you in evaluating the case and determine the compensation you are entitled to. Lawyers typically charge a contingency fee, meaning they only get paid if they win your case. This arrangement allows plaintiffs who have suffered injuries to pursue their claims without the fear of losing money if they lose their lawsuit. You could be awarded general damages in addition to the financial compensation you receive for your economic losses. These damages cannot be 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 emotional distress and defamation. The amount of these damages is determined by the severity of your injuries and how they changed your life. A skilled lawyer can prove the severity of your injuries and the impact they have had on you in order to maximize your compensation. Your lawyer will gather evidence to support your case and interview witnesses. He or she will review medical records to demonstrate the extent of your injuries as well as their long-term effects. They will also offer advice regarding how settling could affect your tax bill. Once they have gathered all of the information needed for your case, your lawyer will prepare the complaint. This legal document will outline your legal arguments for why the defendant is responsible for the accident, and it will state an amount of damages you're seeking. Your attorney will also file any appropriate paperwork with the court. After the complaint is filed, your attorney will work with the insurance company on your behalf. This can be a complex undertaking for the uninitiated, since insurance companies aren't interested in paying large amounts of money, and they fight to protect their bottom line. A single mistake can cost you thousands. Therefore, it is essential to have a knowledgeable attorney who knows the process.