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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 awarded by a judge or jury following an investigation. Economic damages are a way to cover actual costs such as medical expenses and lost wages. Non-economic damages include the compensation for emotional distress and suffering. Damages If someone is injured because of an individual or company's reckless behavior, they are entitled to compensation for their losses. Damages are awarded based upon the circumstances of the accident and can be decided by a court following a trial, or by the parties after a settlement negotiation. Personal injuries can be classified into the following categories: Economic damages represent the actual monetary expenses or financial losses incurred as a result of an accident or injuries. Receipts, invoices and other forms of documentation can be used to prove the existence of these damages. Economic damages could be a result of future expenses, such as medical costs and loss of earning potential and ongoing care. The psychological and emotional trauma resulted from an accident or injury is referred to as noneconomic or hedonic damages. They are more difficult to quantify than expense or financial losses. There is no established formula to determine the value of these damages. Insurance companies employ a multiplier based on the severity and time of the injury. The injuries that result from an accident could hinder you from enjoying the activities of daily life like sports, exercise, and even relationships with your family and friends. If this is the case, you can be awarded “loss of enjoyment” damages to compensate you for the loss. Lastly emotional distress damages are a way to pay for the anxiety and mental stress you've endured as a result your injuries. These damages could constitute a large part of your compensation package. Punitive damages don't compensate you for the losses you've suffered, but rather punishes the party at fault for their outrageous or egregious conduct. They are usually awarded only in cases involving grave injury or death. If you or someone close to you was injured in an accident, you need to speak with an New York City personal injury attorney right away to begin collecting evidence and supporting your claim for damages. The earlier you begin the process of proving your fault and the severity of your losses, the more likely you are to receive a fair settlement. Statute of limitations It is important 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 may be filed. This protects both the party who was at fault as well as the insurance companies that pay on the claims. This also gives the victim an opportunity to collect the compensation that they are entitled to. However, Norman injury attorney of limitations varies depending on the state and the type of case. A knowledgeable attorney can inform clients of the specific time limit applicable to their cases and any exceptions that may apply. In some cases the discovery rule can extend a statute past the normal limit of three years. The clock does not start to run on a claim until an injured party is aware or could be aware that there is an association between their injury and the event that caused it. This is often the case with toxic exposure injuries such as asbestos, however, it could also be relevant in medical malpractice cases or cases involving pharmaceutical injuries. Certain states allow an extension of time in cases where the injured person was a minor at the time the incident occurred. They cannot file a suit until they are older, and it is difficult for them to understand that their injury was caused by someone else when they're younger. The future ability of a person to earn money can also be considered to be a part of the damages, especially in the event that they were restricted from working. In these instances the person who has suffered an injury is entitled to compensation from their employer for the wages they would have earned had they not been disabled from working due to the injury. In the end, it is essential that the person who has been injured seek legal advice as soon as possible following their accident. A personal injury lawyer can assist them determine the statute of limitation 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 which provide protection against liability, loss and damage. It could include property and liability insurance as well as health, boatowners', auto and personal watercraft insurance. It could also include life insurance trusts, annuities, and policies. Insurance companies can be associated with financial service providers or operate independently. They may also employ different business models to sell their services. Liability insurance can protect you from the expenses associated with a bodily injury or death of someone else that you cause while driving your car. It also covers damages for property damage to another's vehicle or other property (such as the fence, a utility pole, or building). Personal injury protection, also known as PIP insurance will cover medical expenses for passengers and you who are injured in a crash that is not your fault. It also covers the loss of income or compensation for pain and suffering. The loss of enjoyment in life-altering injuries can compensate for the negative impact that an accident can have on your life. For example you may have missed out on the activities you used to love. Compensation for suffering and pain is intended to make you whole again by addressing your physical discomfort and emotional distress. Loss of property damages may be used to pay for the repair or replace damaged items, or recover their fair market value. Most often, property damage is valued at the replacement cost which is the amount that you would have to pay to replace the item with one of the same kind and quality without deducting for amortization. A personal injury settlement may include compensation for funeral expenses in the event of a need. Representation Personal injury claims are civil lawsuits that award monetary compensation to those who have suffered harm as a result of the negligence or wrongful behavior of another. This includes claims that arise from injuries sustained at work, car accidents, and medical malpractice. An attorney who is specialized in personal injury can assist you evaluate your case and determine how much compensation you could be entitled to receive. Attorneys typically are paid on a contingency basis, meaning they only get paid if you win your case. This arrangement permits injured plaintiffs to pursue their cases without the risk of losing money if they fail to succeed in their lawsuit. You could also be awarded general damages in addition to the amount of money you are compensated for the economic losses. These damages aren't quantifiable the way that special damages are, but they do include lesser tangible costs such as suffering and suffering loss or consortium, emotional distress, and defamation. The amount of damages is determined by the severity of your injuries and how they affected your life. A competent lawyer can show the severity of injuries and their impact on your life to maximize your compensation. Your lawyer will gather evidence to support your case and interview witnesses. They will also review medical records to determine the severity of your injuries and the long-term consequences. They will also provide guidance on how accepting a settlement might affect your taxes. Once they have gathered all the information needed to support your case, your lawyer will draft a complaint. The legal document will contain your legal arguments regarding what the defendant's role was for the accident as well as the amount of damages that you are seeking. Your lawyer will file all necessary paperwork with the court. Your attorney will negotiate on behalf of you with the insurance company once the complaint has been filed. It is a complex procedure for those who are not experienced with the process, because insurance companies will not pay large amounts of cash and will fight to protect its bottom line. A simple error can cost you thousands. It is therefore important to have a knowledgeable attorney who is familiar with the process.