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What Is a Personal Injury Claim? A personal injury claim is a formal declaration of your right to compensation. This compensation is usually awarded 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 as well as pain. Damages When someone is injured because of an individual or company's reckless actions, they are entitled to compensation for their loss. This is referred to as “damages.” The amount of damages determined will be based on the accident circumstances, and may be decided by a jury after trial or negotiated by the parties after a settlement negotiation. The following are common kinds of personal injury damages: Economic damages represent the actual monetary expenses or financial losses incurred as a result of an accident and injuries. These can be established with receipts, invoices, and documentation. Future-looking costs like medical bills and loss of earning capacity, and ongoing costs for care are also included in the economic damages awarded. Noneconomic or hedonic damages are the psychological and emotional effects of a collision or injury. These damages are more difficult to value than expenses or financial losses. There is Quincy injury lawyers that can be used to value these damages, and insurance companies often employ a multiplier, or per diem determined by the severity of the victim's injury. Injuries resulting from an accident can prevent you from enjoying the activities of daily life such as exercise, hobbies or even the bonds with your family and friends. In this situation you could be entitled to “loss-of-enjoyment” damages as compensation for the loss. In the end, emotional distress damages are intended to provide you with the financial compensation for the stress and mental stress you've experienced as a result of your injuries. These damages could constitute a large part of your compensation package. Punitive damages are not intended to compensate you for your losses, but rather punish the person at fault for egregious or outrageous behavior. These are typically awarded only in cases involving serious 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 immediately to start gathering evidence and supporting your claim for damages. The sooner you start 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 Personal injury claims must be filed within the statutes of limitations. This is a time frame after an accident that claims can be brought. This protects the person at fault, as well as insurance companies who pay on such claims. It also ensures that the victim has a reasonable chance of recovering the amount they are entitled to, since memories fade and evidence may be lost over time. However, the statute of limitations is different according to the state and type of case. An experienced attorney can guide clients on the time limit applicable to their particular case and any exceptions. In certain circumstances, the discovery rule could extend a time-limit beyond its usual three-year period. The clock does not start to run on a claim until an injured person is aware or ought to be aware that there exists a link between their injury and the incident which caused it. This is typically the case for toxic exposure injuries, like asbestos, but can also be relevant in medical malpractice cases or cases involving pharmaceutical injury. Certain states allow an extension of time in cases where the person who was injured was a minor when the incident occurred. They are not able to file a lawsuit until they are adults and it is hard for them to understand the fact that their injuries were caused by someone else when they're younger. A person's ability to earn money could be considered a part of the damages, particularly in the event that they were disabled from working. In these instances the person who was injured is entitled to receive a reimbursement from their employer for income they would have earned had they not been unable to work due to their injury. In the end, it is essential that the person who has been injured seek legal advice as soon as they can after the accident. A personal injury lawyer can assist them determine the time limit for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is the broad term used to describe agreements or policies that safeguard against loss, liability and damage. It could include insurance for liability and property as well as health insurance, boatowners', auto and personal watercraft insurance. Annuities, life insurance policies and trusts may also be included. Insurance companies may be affiliated with financial services providers or operate independently. They may also employ different business models to sell their products. Liability insurance will protect you from the expenses associated with a bodily injury or death to others that you cause while operating your vehicle. It also covers damages for property damage to another vehicle or property (such as the fence, utility pole, or building). PIP or personal injury protection insurance covers your medical expenses and those of your passengers if you are injured in an accident that was not your fault. The insurance also covers the loss of income and compensation for pain and suffering. Damages for the loss of enjoyment of life can compensate you for the negative effect that an accident has had on your life for example, if you have missed out on activities you previously enjoyed. Compensation for pain and suffering is designed to restore your health by addressing your physical discomfort as well as your emotional stress. Loss of property damages may cover the costs to repair or replace damaged objects, or to recover their fair market value. Most often, property damage is valued at the cost of replacement that is, the amount you'd have to pay to replace your item with a similar item similar in type and quality, minus depreciation. A personal injury settlement may include compensation for funeral costs in the event of a need. Representation A personal injury claim is a civil action that awards financial compensation to those who have been harmed as the result of an individual's reckless or negligent actions. This includes claims arising from accidents at work, car accidents as well as medical negligence. An attorney for personal injuries can assist you in evaluating the case and determine the compensation you are entitled to. Lawyers are typically paid on a contingency basis, which means they only get paid if you succeed in your case. This arrangement allows injured plaintiffs to pursue their cases without risking losing money if they fail to prevail in their lawsuit. In addition to the financial damages for your economic losses, you may be awarded a sum called general damages. These damages cannot be quantifiable in the same manner that special damages are, however they do cover less tangible expenses like pain and suffering, loss or consortium, emotional distress and defamation. The amount of damages depends on the severity of your injury and how it has affected your life. A skilled lawyer can show the severity of your injuries and their effect on you in order to maximize your compensation. Your attorney will speak with witnesses and gather evidence to back up your claim. He or she will also review medical records to demonstrate the extent of your injuries as well as their long-term impacts. They can also advise you on how accepting a settlement could affect your tax bill. Your attorney will draft a complaint after they have all the evidence necessary to prove your case. The legal document will contain your legal arguments as to the reason why the defendant is responsible for the accident and the amount of damages you want. Your lawyer will file all the necessary paperwork with the court. After the complaint is filed, your lawyer will then negotiate with the insurance company on your behalf. It can be a complicated process for those who are not familiar with the process, as insurance companies are not willing to pay out large sums of cash and will fight to protect its bottom line. One misstep can result in thousands of dollars, which is why it is essential to have a seasoned attorney to your side who knows the procedure.