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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. This compensation will usually be granted by a judge or jury following a trial. Economic damages refer to actual costs such as medical expenses or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured because due to the negligence of another business or person, they have a right to compensation. This is referred to as “damages.” The damages paid will depend on the circumstances of the accident, and can be determined by a jury after trial or negotiated by the parties in an agreement to settle. There are a few common types of personal injury damages: Economic damages are the actual expenses or financial losses due to an accident. These can be proven by receipts, invoices and documentation. Future costs that are foreseeable, such as medical bills and loss of earning capacity and ongoing medical expenses could also be included in the economic damages award. Noneconomic or hedonic damages are psychological and emotional effects of a collision or injury. These damages are more difficult to assess than expenses or financial losses. There is no standard formula to assess these damages and insurance companies usually use a multiplier or per diem depending on the severity of the victim's injury. Accidental injuries may prevent you from engaging in regular activities like exercising, enjoying hobbies, or even maintaining relationships with friends and family. If this is the case, you can be awarded “loss of enjoyment” damages to compensate you for the loss. Finally, emotional distress damages are designed to provide you with the financial compensation for the stress and mental anguish you have suffered as a result of your injuries. The amount you receive for these damages could be a major component of your compensation package. Punitive damages aren't designed to compensate you for your losses, but instead penalize the party at fault for their outrageous or egregious behavior. They are usually awarded only in the case of serious injury or death. If you or someone close to you was injured in an accident, it's important to contact a New York City personal injury attorney immediately to start gathering evidence and support for your claim for damages. The sooner you begin the process of proving negligence and extent of your losses the more likely it will be that you'll be awarded 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 defined time frame following an accident in which a claim is filed. This protects the at-fault party as well as the insurance companies who pay 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 may be lost over time. However the statute of limitations is different depending on the state and the type of case. An experienced attorney will be able to advise clients of the specific statute of limitations that applies to their cases and any exceptions that could apply. For instance, in certain instances, the discovery rule may extend the statute of limitations beyond the normal limit of three years. The clock doesn't begin to run on a claim until an injured party is aware or could be aware that there exists an association between their injury and the event that caused it. This is especially true for toxic exposure injuries, such as asbestos. It can also be relevant in medical malpractice or pharmaceutical injury cases. Some states allow for an extension in situations where the person who was injured was a minor when the incident occurred. This is because they cannot sue until they reach the age of adulthood and it is difficult for them to grasp the connection between their injury and the cause of it when they're young. The future ability of a person to earn money could be considered as part of the damages, especially if they have been restricted from working. In these situations the person who has suffered an injury has the right to claim compensation from their employer for the wages they would have received had they not been disabled from working due to their injury. It is essential that injured parties seek legal advice as quickly as they can after their 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 agreements or policies that safeguard against liability, loss, and damage. This could include auto, health, boatowners, and personal watercraft insurance in addition to insurance coverage for property and liability. It can also include life insurance policies, annuities and trusts. Insurance companies can be associated with or independent of financial services providers and can use various business models to provide their products. Liability insurance covers the cost of bodily injuries and death resulting from your actions while driving your car. It also covers the cost of the cost of property damage to another's vehicle or other property (such as the fence, utility pole or building). PIP or personal injury protection insurance covers the medical expenses of you and those of your passengers in the event that you are injured in an accident that is not your fault. This insurance can also cover lost income as well as compensation for pain or suffering. Loss of enjoyment of life damages can compensate for the negative impact an accident can have on your life. For example you may have missed out on activities that you once enjoyed. Compensation for suffering and pain is intended to make you whole again by addressing your physical discomfort and emotional distress. Damages to property can be used to pay for the repair or replace damaged objects, or recover their fair market value. Damages to property are usually assessed at replacement costs which is the amount you'd need to pay to replace the item with a new one similar quality and kind, without taking into account depreciation. A personal injury settlement could include compensation for funeral expenses in the event of a need. Representation Personal injury claims are civil lawsuits that award monetary compensation for individuals who have suffered harm as a consequence of the negligence or reckless conduct of another party. This can include claims stemming from car accidents, workplace injuries and medical malpractice. An attorney who specializes in personal injury will help you evaluate your case and determine how you are entitled to. Attorneys are usually paid on a contingency basis, which means that they only get paid if you win your case. This arrangement allows plaintiffs who have been injured to pursue their claims without worry of losing money if they lose their lawsuit. In addition to the financial damages for your economic losses, you could also be awarded a sum called general damages. These damages are not quantifiable in the same manner that special damages are, however they do contain less tangible costs like the pain and suffering loss or consortium, emotional distress and defamation. The amount of damages is determined by the severity of your injuries and how they changed your life. A competent lawyer can show the severity of your injuries and their effects to maximize your compensation. Hammond injury lawsuit www.youtube.com will collect evidence for your case and speak with witnesses. He or she 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 settling a case might affect your taxes. After they have gathered all the information needed to support your case, your lawyer will prepare an accusation. This legal document will outline your legal arguments for what the defendant's responsibility is for the accident, and will also state the amount of damages you are seeking. Your lawyer will also file any necessary documents with the court. Once the complaint has been filed, your attorney will work with the insurance company on your behalf. It can be a complicated process for those who are not experienced with the process, because insurance companies do not pay large amounts of cash and will fight to protect its bottom line. A single mistake can cost you thousands. It is therefore essential to work with an experienced lawyer who understands the procedure.