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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 given by a jury or judge after a trial. Economic damages refer to actual costs, such as medical bills or lost wages. Non-economic damages include compensation for emotional distress and suffering. Damages If someone is injured because of the negligence of another business or person the injured party has a right to compensation. Damages are awarded based on the specific circumstances of the accident. They may be determined by a court following a trial, or by the parties following the settlement negotiations. The following are common types of personal injury damages: Economic damages represent the actual financial costs or financial losses that are incurred as a result of an accident or injuries. These can be proven with receipts, invoices, and other documentation. Future-looking costs like medical bills, loss of earning capacity, and ongoing care costs could also be included in the award of economic damages. Hedonic or non-economic damages are psychological and emotional consequences of an accident and injuries. They are more difficult to quantify than the cost or financial loss. There is no formula that can be used to evaluate these damages. Insurance companies employ a multiplier based on the severity and time of the injury. Accidental injuries can prevent you from engaging in regular activities like doing exercises, having fun or even maintaining a relationship with friends and family. In this instance you could be entitled to “loss-of-enjoyment” damages to compensate for the loss. Finally, emotional distress damages are intended to provide you with the financial compensation for the stress and mental anguish you have experienced as a result of your injuries. The award of these damages can be a major component of your compensation package. Punitive damages don't compensate you for the losses you have endured, but instead punish the person responsible for their outrageous or unconscionable conduct. They are usually awarded only in cases involving serious injury or wrongful death. It's important that you contact a New York City injury lawyer immediately when you or someone close to you has been injured. They can help gather evidence to prove your claim and then begin the process of proving negligence. The earlier you begin the process of proving the negligence and the severity of your losses the more likely you are to get a fair settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time limit after an accident that can be filed. This safeguards both the person at fault and insurance companies who pay out on these claims. This also gives the victim an opportunity to collect the compensation they are entitled to. The statute of limitations may vary by state and case type. A knowledgeable attorney will be able to inform clients of the specific statute of limitations that applies to their cases and any exceptions that may apply. For Redding injury lawyers , in certain cases the discovery rule can extend a statute of limitations past its usual three-year period. This is because the clock doesn't begin ticking on claims until the person who has suffered an injury realizes or reasonably should realize that there's an association between their injury and the incident that caused it. This is usually the case with toxic exposure injuries, such as asbestos, but could also be relevant in medical malpractice or cases involving pharmaceutical injuries. Some states even permit an extension in cases where the injured party was an under-age person at the time of the incident. This is because they are unable to file a lawsuit until they reach the age of majority and it may be difficult for them to grasp the connection between their injuries and the reason for it when they're young. Another potential issue is that an injury may impact a person's capacity to earn money in the future, which could be taken into account as 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 a reimbursement from their employer for wages they would have earned had they not been prevented from going to work due to their injury. Ultimately, it is vital that anyone injured seek legal advice as soon as they can following their 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 describe policies or agreements which provide protection against loss, liability and damage. This could include auto, health, boatowners, and personal watercraft insurance in addition to property and liability coverage. It may also include life insurance trusts, annuities, and policies. Insurance companies can be associated with financial services providers or operate independently. They can also utilize various business models to sell their services. Liability insurance covers the costs of bodily injury and death caused by you when driving your car. It also covers property damage to a vehicle or property belonging to another (such as fences, buildings or utility pole). Personal injury protection, also known as PIP insurance will cover medical expenses for you and your passengers who are injured in a collision that is not your fault. The insurance also covers lost income as well as compensation for pain and suffering. Loss of enjoyment of life damages can compensate for the negative impact an accident has on your lifestyle. For example you might have missed out on activities you used to love. Pain and suffering compensation is intended to help you recover by taking care of the physical discomfort as well as your emotional pain. Damages resulting from the loss of property could cover the cost to repair or replace your damaged item or to recover its fair market value. Damages to property are typically valued at replacement costs which is the amount you'd need to pay to replace the item with one of the same type and design 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 result of the negligence or wrongful actions of another. This could include claims arising from accidents at work, car accidents and medical negligence. An attorney for personal injuries can help you evaluate the case and determine the compensation you are entitled to. Attorneys typically are paid on a contingency basis meaning they only receive compensation if you win your case. This arrangement permits injured plaintiffs to pursue their cases without risking losing money if they do not win their case. In addition to the monetary damages for your economic losses, you may be awarded a sum called general damages. These damages are not quantifiable in the same manner as special damages, but they cover less tangible costs such as pain and suffering, loss of consortium, defamation, and emotional distress. The amount of these damages is determined by the severity of your injuries and how they have affected your life. A knowledgeable lawyer can explain the severity of injuries and their impact on your life to maximize your compensation. Your attorney will speak with witnesses and gather evidence to support your case. They will also look over medical records to show the extent of your injuries as well as the long-term consequences. They can also give you advice on how accepting a settlement might affect your taxes. Your lawyer will draft a formal complaint once they have all the evidence necessary to prove your case. This legal document will set forth your legal arguments for what the defendant's responsibility is for the accident, and will include the amount of damages you want. Your attorney will file all necessary paperwork with the court. After the complaint has been filed, your lawyer will negotiate with the insurance company on your behalf. It can be a complicated process for those who are not familiar with the procedure, since insurance companies are not willing to pay out large sums of cash and will fight to protect their bottom line. A mistake could result in thousands of dollars, so it is crucial to have an experienced lawyer on your side who knows the procedure.