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What Is a Personal Injury Claim? A personal injury claim is a formal declaration of your right to compensation. The compensation is usually granted by a jury or judge following an investigation. Economic damages refer to actual costs, such as medical bills or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages When someone is injured because of another person or company's negligent actions, they are entitled to compensation for their loss. This is known as “damages.” The damages determined will be based on the accident circumstances, and could be decided by a jury after a trial or agreed upon by the parties following a settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages are the actual financial losses or expenses incurred as a result of an accident. Receipts, invoices and other forms of documentation can be used to prove the damages. Future foreseeable costs such as medical bills, loss of earning capacity, and ongoing costs for care could also be included in the economic damages awarded. Hedonic or non-economic damages are the emotional and psychological impact of a collision or injury. They are more difficult to value than the financial or expense loss. There is no formula that can be used to determine the value of these damages. Insurance companies use a multiplier based upon the severity and time of the injury. Injuries resulting from an accident could hinder you from enjoying your daily activities such as exercise, hobbies, and even relationships with family and friends. In this instance you could be entitled to “loss-of-enjoyment” damages as compensation for the loss. Finaly emotional distress damages are a way to compensate you for the mental anguish and fear you've endured as a result of your injuries. The amount you receive for these damages could be a significant component in your compensation package. Punitive damages aren't designed to compensate you for your losses, but rather punish the person at fault for their outrageous or egregious conduct. They are typically granted only in the event of serious injury or wrongful deaths. It's important that you get in touch with a New York City injury lawyer immediately in the event that you or someone close to your heart has been injured. They can help gather evidence to back your claim and start the process of proving negligence. The earlier you begin the process of proving your fault and the extent of your losses, the more likely you will get an equitable 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 set period of time after an accident during which a claim may be made. This protects the person at fault and insurance companies that pay out on such claims. It also ensures that the victim has a fair chance of recovering the compensation they have earned, since memories fade and evidence may disappear over time. The time limit for filing a claim can vary by state and case type. An experienced attorney can advise clients of the specific time-limits applicable to their case, as well as any other exceptions that might apply. In certain cases the discovery rule can extend a statute beyond its normal limitation of three years. This is because the clock does not begin ticking on claims until the person who has suffered an injury realizes or should reasonably be aware that there is an association between their injuries and the incident that led to it. This is the case with toxic exposure injuries like asbestos. It may be relevant to medical negligence or pharmaceutical injury cases. Some states allow for an extension in cases where the person who was injured was a minor when the incident occurred. This is due to the fact that they cannot bring a lawsuit until they reach the age of adulthood and it is difficult for them to understand the connection between their injury and the reason behind it when they are young. Another issue to consider is that an injury may hinder a person's ability earn money in the future, and this can be considered as part of damages, especially if they are prevented from working. In these cases the person who has suffered an injury has the right to receive compensation from their employer for the wages they would have earned in the event that they weren't disabled from working due to the injury. It is important that injured parties seek legal advice as quickly as they can following an accident. They should consult with an experienced personal injury lawyer to determine the time limit is for their particular case and discuss any potential exceptions. Insurance coverage Insurance coverage is the broad term used to refer to agreements or policies that protect against liability, loss, and damage. It could refer to property and liability insurance as along with health, auto, boatowners' and personal watercraft coverage. It could also include life insurance trusts, annuities, and policies. Insurance companies may be affiliated with financial services providers or operate on their own. They may also employ different business models to sell their services. Liability insurance can protect you from the costs associated with a bodily injury, or death of someone else caused by your car. It also covers property damage to a vehicle or property belonging to someone else (such as a building, fence or utility pole). Personal injury protection or PIP insurance covers medical expenses for passengers and you who are injured in a collision that is not your fault. This insurance can also cover lost income as well as compensation for pain and suffering. Damages for the loss of enjoyment can compensate you for the negative impact that an accident has had on your lifestyle, such as missing out on activities that you once enjoyed. Compensation for suffering and pain is intended to restore your health by addressing your physical discomfort and emotional pain. Damages for loss of property may be used to pay for the repair or replace damaged items or get the fair market value of your item. Property damages are usually valued at replacement costs which is the amount you would be required to pay to replace the item with another of the same quality and kind, without taking into account depreciation. A personal injury settlement may include compensation for funeral expenses, if necessary. Representation Personal injury claims are civil lawsuits which award monetary compensation to those who have suffered injury as a result of the negligence or reckless actions of another. This includes claims arising from work injuries, car accidents and medical negligence. An attorney for personal injuries can help you evaluate the case and determine what compensation you are entitled to. Attorneys typically charge a contingency fee, which means they only get paid for winning your case. Suffolk injury lawsuit allows plaintiffs who have suffered injuries to pursue their claims without fear of losing money if they lose their lawsuit. In addition to the monetary damages for your economic losses, you may be awarded a monetary amount known as general damages. These damages are not quantifiable in the same way as special damages, but they include less tangible costs such as pain and suffering, 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 competent lawyer will be able prove the severity of your injuries and their effect on you in order to maximize your compensation. Your attorney will collect evidence to support your case and talk to witnesses. He or she will review medical records in order to determine the severity of your injuries, and their long-term effects. They can also advise you about how accepting a settlement can affect your tax liability. Your lawyer will draft a formal complaint once they have all the information needed for your case. This legal document will set forth your legal arguments regarding the reasons why the defendant is accountable for the accident, and it will also state the amount of damages you're seeking. Your lawyer will also file any appropriate 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 undertaking for the uninitiated, since insurance companies aren't interested in paying out significant sums of money and will fight to protect their profits. A mistake could result in thousands of dollars, and it is important to have an experienced lawyer on your side, who knows the procedure.