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What Is a Personal Injury Claim? A personal injury claim is a formal filed claim to the right to compensation in monetary terms. This compensation is usually awarded by a jury or judge after a trial. Economic damages include actual expenses such as medical expenses or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured because of an individual or company's reckless actions the person is entitled to compensation for their losses. This is known as “damages.” The amount of damages determined will be based on the circumstances of the accident, and may be decided by a jury after a trial or agreed upon by the parties in the settlement negotiation. The following are the most common types of personal injury damages: Economic damages are the actual costs in terms of money or financial losses incurred as a result of an accident and injuries. Receipts, invoices and other documentation can be used to prove the damages. Future foreseeable costs such as medical bills or loss of earning capacity, and ongoing care costs are also included in the economic damages awarded. Hedonic or non-economic damages are emotional and psychological impact of an accident and injuries. These damages are more difficult to quantify than expenses or financial losses. There is no standard formula 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. Injuries resulting from an accident can hinder your enjoyment of your daily activities like exercise, hobbies or even the bonds with family and friends. In this instance, you may be entitled to “loss-of-enjoyment” damages as compensation for your loss. Finaly emotional distress damages pay you for the mental stress and fear you've endured because of your injuries. The award of these damages can be a significant component in your compensation package. Punitive damages are not intended to compensate you for the losses you have suffered, but rather penalize the party at fault for their outrageous or egregious behavior. They are typically awarded only in cases involving grave injury or death. It's important that you get in touch with a New York City injury lawyer immediately when you or someone close to you has been injured. They can assist you in gathering evidence to prove your claim and then begin the process of proving negligence. The sooner you start the process of proving your negligence and the magnitude of your losses the more likely that you'll be awarded 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 time frame following an accident during which a claim can be filed. This protects the at-fault party, as well as insurance companies who pay on these claims. This also gives the victim an opportunity to collect the compensation they are entitled to. However, the statute of limitations varies according to the state and type of case. An experienced attorney can advise clients on the statute of limitations applicable to their particular case and any other exceptions. For example, in some cases the discovery rule can extend the statute of limitations past its usual three-year period. The clock doesn't begin to run on a claim until the injured party is aware or reasonably could be aware that there is an association between their injury and the event that caused it. This is especially true for toxic exposure injuries such as asbestos. It may also be relevant in medical negligence or pharmaceutical injury cases. Certain states allow an extension in cases when the victim was a minor when the incident occurred. This is because they are unable to sue until they reach the age of majority and it may be 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 could impact a person's capacity to earn money in the future, and this could be considered part of the damages, especially in the event that they are unable to working. In these instances the person who was injured is entitled to reimbursement from their employer for earnings they could have earned had they not been prevented from going to work because of their injury. It is essential that injured parties seek legal advice as quickly as they can following an accident. A personal injury lawyer can assist them determine the time limit for their particular case, as well as discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to policies or agreements that protect against loss, liability and damage. It could include property and liability insurance as in addition to health insurance, boatowners', auto and personal watercraft insurance. Life insurance policies, annuities and trusts could be added. Insurance companies can be associated with or independently of financial service providers and can use a variety of business models to provide their products. Liability insurance covers the cost of bodily injury and death that you cause when driving your car. It also covers property damage to a vehicle or property belonging to another (such as a fence, building or utility pole). PIP or personal injury protection insurance covers the medical expenses of you and the expenses of your passengers if you are injured in an accident that was not your fault. Lauderhill injury attorneys YouTube covers lost income and 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 example, you may have missed out on activities you used to enjoy. Compensation for pain and suffering is designed to make you whole again by taking care of your physical discomfort and emotional pain. Damages resulting from the loss of property may cover the cost to repair or replace your damaged item or to get the fair market value of your item. In general, property damages are valued at the replacement cost that is, the amount you would need to pay to replace the item with a similar item of the same kind and quality, without deducting amortization. If it is necessary, compensation for funeral costs could be included in a personal injury settlement. Representation A personal injury claim is a civil action which awards monetary compensation to individuals who have been harmed due to an individual's reckless or negligent behavior. This includes claims arising out of injuries sustained at work, car accidents or medical malpractice. An attorney for personal injuries can assist you in evaluating the case and determine what compensation you are entitled to. Lawyers typically charge an hourly fee, which means they are only paid for winning your case. This arrangement permits those who have been injured to pursue their claims without worry of losing money in the event 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 way as damages for special causes, however they are less tangible, like pain and suffering as well as loss of consortium defamation, and emotional distress. The amount of damages you receive will depend on the severity of your injury and how it has affected your life. A skilled lawyer can demonstrate the severity of your injuries and their impact on your life to maximize your compensation. Your attorney will collect evidence to support your case and interview witnesses. They will also look over medical records to show the severity of your injuries and their long-term effects. They will also offer information on how accepting a settlement may affect your tax return. Your lawyer will draft a complaint once they have all the evidence needed to prove your case. This legal document will include your legal arguments regarding what the defendant's role was for the accident and the amount of damages you seek. Your lawyer will also file any relevant paperwork with the court. Your attorney will negotiate on your behalf with the insurance company once the complaint has been filed. It is a complex procedure for those not experienced with the process, because insurance companies will not pay large sums of cash and will fight to protect their bottom line. A simple error can cost you thousands. It is therefore important to work with an experienced lawyer who understands the procedure.