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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. The compensation is usually granted by a judge or jury after the trial. Economic damages are a way to cover actual costs such as medical bills and lost wages. Non-economic damages include compensation for emotional distress and pain. Damages If someone is injured because by the negligence of a business or person or business, they are entitled to be compensated. Damages are determined based on the circumstances of the accident and can be decided by a court following a trial or by the parties after the settlement negotiations. Personal injury damages can be classified into the following categories: Economic damages are the actual financial losses or expenses incurred due to an accident. These can be proven by receipts, invoices and other documentation. Economic damages may be a result of future expenses like medical expenses, loss of earning capacity, and ongoing care. The psychological and emotional trauma that is caused by an injury or accident is known as noneconomic or hedonic damages. They are more difficult to quantify than the cost or financial loss. There is no set formula to determine the value of these damages, and insurance companies often employ a multiplier or per diem based on the severity of the victim's injury. Accident-related injuries can hinder your enjoyment of your daily activities like sports, exercise or even the bonds with family and friends. In this situation, 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 anxiety you've experienced because of your injuries. The amount you receive for these damages could be a significant component in your compensation package. Punitive damages don't pay for the losses you've suffered, but rather punishes the person responsible for their blatant or indecent behavior. These are typically awarded only in the case of grave injury or death. If you or someone close to you has been injured in an accident, it's important to contact an 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 magnitude of your losses, the more likely you are to get a fair settlement. Statute of limitations It is crucial that personal injury claims are filed within the time limit of the statute of limitations, which is a set time frame following an accident in which a claim is brought. This safeguards both the person at fault and insurance companies that pay 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 may be lost in the course of time. The time limit for filing a claim can differ depending on the state and type of case. A knowledgeable attorney can advise clients on the statute of limitations applicable to their particular case and any exemptions. In some cases, the discovery rule may extend a statute of limitations beyond its normal limitation of three years. The clock doesn't begin to run on a claim until an injured person is aware or ought to be aware that there is an association between their injury and the incident that caused it. This is the case with toxic exposure injuries like asbestos. It can be relevant to medical malpractice or pharmaceutical injury cases. Certain states allow an extension in cases where the injured person was a minor when the incident occurred. This is because they cannot sue until they reach the age of majority, and it can be difficult for them to understand the connection between their injuries and the reason behind it while they are still young. The future ability of a person to earn money can also be considered a part of the damage, particularly when they are prevented from working. In these cases the person who has suffered an injury is entitled to receive a reimbursement from their employer for the income they would have earned if they had not been unable to go to work because of their injury. It is important that injured parties seek legal advice as quickly as they can following an accident. They should speak with an experienced personal injury lawyer to determine what 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 agreements or policies which provide protection against liability, loss, and damage. It could refer to property and liability insurance as well as health, boatowners', auto and personal watercraft insurance. Danbury injury lawyers can also include life insurance trusts, annuities and policies. Insurance companies may be associated with or independent of financial services providers and can use a variety of business models to offer their products. Liability insurance covers the cost of bodily injuries and death caused by you while driving your car. It also covers property damage to a vehicle or other property belonging to another (such as a building, fence or utility pole). PIP or personal injury protection insurance will cover the medical expenses of you and those of your passengers if you are injured in an accident that was not your fault. This insurance can also cover lost income and compensation for pain or suffering. Damages for loss of enjoyment can compensate you for the negative impact that an accident has had on your daily life like missing out on activities that you used to enjoy. Compensation for suffering and pain is intended to help you recover by dealing with your physical discomfort and emotional pain. Damages to property can provide the funds needed to repair or replace damaged items or even recover their fair market value. Typically, property damages are valued at the cost of replacement, which means the amount you would have to pay to replace your item with one of the same kind and quality, without deducting the depreciation. A personal injury settlement may include compensation for funeral costs, if necessary. Representation Personal injury claims are civil lawsuits which award monetary compensation for individuals who have suffered harm as a consequence of the negligence or willful actions of another. This could include claims stemming 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 much compensation you could be entitled to receive. Lawyers are typically paid on a contingency basis meaning they only receive compensation if you succeed in your case. This arrangement allows plaintiffs who have suffered injury to pursue their cases without risking losing money if they fail to succeed in their lawsuit. You could be awarded general damages in addition to monetary compensation for the economic losses. These damages are not measurable in the same way as damages for special circumstances, but they include less tangible costs like pain and suffering, loss of consortium, defamation, and emotional distress. The amount of damages depends on the severity of your injury and how it has affected your life. A knowledgeable lawyer can explain the severity of injuries and their impact to maximize your compensation. Your attorney will speak with witnesses and collect evidence to prove your case. They will go through 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 impact your taxes. Your lawyer will draft a complaint after they have all the information required to prove your case. This legal document will present your legal arguments as to why the defendant is responsible for the accident, and it will include the amount of damages you're seeking. Your lawyer will also file any relevant paperwork with the court. Your lawyer will negotiate on your behalf with the insurance company once the complaint has been filed. This is a complicated procedure for the uninitiated as insurance companies are not interested in paying out significant sums of money and will fight to protect their profits. A simple error can cost you thousands. It is therefore important to work with an experienced lawyer who understands the procedure.