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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. The compensation is usually granted by a jury or judge following the trial. Economic damages are the actual cost of a transaction, such as medical bills or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured as a result of the negligence of another business or person or business, they are entitled to compensation. This is referred to as “damages.” The amount of damages awarded depend on the accident circumstances, and could be decided by a jury after an investigation or agreed upon by the parties in an agreement to settle. Personal injuries can be classified into the following categories: Economic damages refer to the actual financial costs or financial losses incurred as a result of an accident and injuries. They can be proved by receipts, invoices and other documentation. Economic damages may include future costs that are foreseeable including medical expenses, loss of earning capacity, and ongoing care. Hedonic or non-economic damages are the psychological and emotional consequences of an accident and injuries. 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, and insurance companies often employ a multiplier, or per diem determined by the severity of the victim's injury. Accidental injuries can stop you from engaging in everyday activities like exercising, enjoying hobbies, or even maintaining relationships with family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to compensate you for the loss. Finally, emotional distress damages are a way 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 the majority of your compensation package. Punitive damages are not intended to compensate you for your losses, but instead punish the person at fault for indecent or reckless conduct. These are usually granted only in the event of serious injury or death. It's important that you contact a New York City injury lawyer immediately if you or someone close to you has been injured. They can assist in gathering evidence to prove your claim and then begin the process of proving negligence. The earlier you begin the process of proving negligence and the magnitude of your losses the more likely that you'll receive an appropriate 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 predetermined period of time after an incident in which a claim can be filed. This protects the person at fault, as well as insurance companies that pay on these claims. Green Bay injury attorneys You Tube ensures that the victim has a reasonable chance of obtaining the compensation they are entitled to, as memories fade and evidence may be lost over time. The statute of limitations may differ by state and case type. An experienced attorney can advise clients on the statute of limitations applicable to their particular case and any other exceptions. In some cases the discovery rule can extend a statute past its normal limit of three years. This is because the clock doesn't start ticking on an injury until the injured party realizes or should reasonably be aware that there is an association between their injuries 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 or cases involving pharmaceutical injuries. Certain states allow an extension in cases where the person who was injured was a minor at the time the incident occurred. This is due to the fact that they cannot file a lawsuit until they reach the age of majority, and it can be difficult for them to comprehend the connection between their injuries and the cause of it while they are still young. A person's ability to earn money can also be considered as part of the damages, especially in the event that they were disabled from working. In these instances, the injured party has the right to claim compensation from their employer for the amount of wages they would have received in the event that they weren't prevented from working because of the injury. In the end, it is essential that any injured party seek legal advice as soon as is possible after their accident. A personal injury lawyer can help them determine the statute of limitations for their case, and 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 insurance coverage for property and liability. It can also include life insurance trusts, annuities and policies. Insurance companies can be affiliated with or independent of financial services providers and can employ various business models to provide their products. Liability insurance can protect you from the costs associated with a bodily injury, or death of someone else that you cause while driving your vehicle. It also covers the cost of property damage to another vehicle or property (such as the fence, a building or utility pole). PIP or personal injury protection insurance will cover your medical expenses and the expenses of your passengers if you are injured in an accident that was not your fault. The insurance also covers lost income as well as compensation for pain or suffering. Loss of enjoyment of life-altering injuries can compensate for the negative impact that an accident has on your lifestyle. For example you might have missed out on the activities you used to love. Compensation for pain and suffering is designed to help you recover by dealing with both your physical discomfort and your emotional pain. Damages to property can provide the funds needed to repair or replace damaged objects, or to recover their fair market value. Property damages are usually valued at replacement costs which is the amount you would need to pay to replace the item with a new one of the same type and type without taking into consideration depreciation. A personal injury settlement can include compensation for funeral expenses should they be required. Representation Personal injury claims are civil lawsuits which award monetary compensation to those who have suffered harm as a result of the negligence or willful behavior of another. This includes claims stemming from car accidents, workplace injuries as well as medical negligence. An attorney for personal injuries can help you evaluate the case and determine the compensation you are entitled to. Attorneys are usually paid on a contingency basis, which means they only get paid if they win your case. This arrangement permits plaintiffs who have suffered injuries to pursue their claims without the fear of losing money if they lose their lawsuit. You could also be awarded general damages in addition to the monetary compensation for your economic losses. These damages are not measurable in the same way as special damages, but they include less tangible costs such as pain and suffering as well as loss of consortium emotional distress, and defamation. The amount of these damages is determined by the severity of your injuries and how they affected your life. A skilled lawyer can show the severity of your injuries and the impact they have had on you to maximize your compensation. Your attorney will interview witnesses and collect evidence to back up your claim. They will also examine medical records to determine the extent of your injuries and their long-term effects. They will also offer advice on how settling a case could affect your tax bill. After they have gathered all of the information needed for your case, your attorney will draft the complaint. The legal document will contain your legal arguments on what the defendant's role was for the accident and the amount of damages that you want. Your attorney will also file any relevant paperwork with the court. Your lawyer will negotiate on your behalf with the insurance company once the complaint has been filed. This can be a complex undertaking for the uninitiated, as insurance companies are not interested in paying out significant amounts of money and fight to protect their bottom line. One misstep can result in thousands of dollars, which is why it is crucial to have an experienced lawyer on your side who is familiar with the process.