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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 awarded by a jury or judge following the trial. Economic damages are the actual cost of a transaction such as medical expenses or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages When someone is injured due to another person or company's negligent behavior, they are entitled to compensation for their loss. This is known as “damages.” The amount of damages paid will depend on the circumstances that caused the accident and can be determined by a jury after a trial or agreed upon by the parties in the settlement negotiation. There are a few common types of personal injury damages: Economic damages are the actual costs in terms of money or financial losses incurred as a result of an accident and injuries. Receipts, invoices and other forms of documentation can be used to prove these damages. Future-looking costs like medical bills and loss of earning capacity and ongoing costs for care are also included in the award of economic damages. The psychological and emotional trauma that is caused by an injury or accident is referred to as non-economic or hedonic damages. They are more difficult to determine than the financial or expense loss. There is Sandy injury attorneys to determine the value of these damages. Insurance companies employ a multiplier based upon the severity and time of the injury. Accidental injuries may prevent you from engaging in everyday activities like doing exercises, having fun or even maintaining a relationship with family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to compensate you for this loss. Finaly emotional distress damages pay you for the mental apprehension and fear you've endured because of your injuries. The award of these damages can be a significant part of your compensation package. Punitive damages are not intended to compensate you for your losses, but rather punish the at-fault party for their outrageous or egregious behavior. These are usually awarded only in cases of serious injury or death. It is crucial to contact a New York City injury lawyer immediately when you or someone close to you has been injured. They can assist you in gathering evidence to prove your claim and then begin the process of proving negligence. The sooner you start the process of proving negligence and the magnitude of your losses, the more likely it will be that you'll receive an equitable settlement. Statute of limitations Personal injury claims must be filed within the prescribed timeframe of limitations. This is a period of time after an accident within which claims can be brought. This protects the at-fault party and insurance companies that pay out on such claims. It also ensures that the victim has a reasonable chance of obtaining the compensation they are entitled to, since memories fade and evidence may be lost in the course of time. However, the statute of limitations varies depending on the state and the type of case. An experienced attorney can advise clients on the time frame applicable to their particular case and any exemptions. In certain instances, the discovery rule may extend a time-limit beyond its usual three-year period. This is because the clock does not begin to tick on a claim until the party who suffered the injury is aware or should reasonably be aware that there's an association between their injuries and the incident that led to it. This is typically the case for toxic exposure injuries, like asbestos, but could also be relevant in medical malpractice or cases involving pharmaceutical injuries. Some states permit an extension in cases where the injured party was a minor at the time of the incident. They cannot file a suit until they are adults, and it is difficult to comprehend that their injury was caused by someone else when they're younger. Another issue to consider is that an injury may impact a person's capacity to earn money in the future, and this can be considered part of the damages, particularly if they are prevented from working. In these cases the person who was injured is entitled to reimbursement from their employer for wages they would have earned if they had not been prevented from going to work due to their injury. It is essential that injured parties seek legal advice as soon as possible following their 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 a broad term used to refer to agreements or policies that provide protection against liability, loss, and damage. This can include insurance for health, auto, boat owners, and personal watercraft insurance, as well as insurance coverage for property and liability. Life insurance policies, annuities, and trusts can also be included. Insurance companies can be affiliated with or independent of financial services providers and can use different business models to offer their products. Liability insurance can protect you from the costs that come with bodily injury or death of someone else caused by your car. It also covers the cost of the cost of property damage to another vehicle or property (such as a fence, building or utility pole). PIP or personal injury protection insurance pays for medical expenses as well as the expenses of your passengers if you are injured in an accident that was not your fault. It may also cover loss of income or compensation for pain and suffering. Damages for the loss of enjoyment in life could 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 suffering and pain is intended to restore your health by addressing your physical discomfort and emotional stress. Loss of property damages may provide the funds needed to repair or replace damaged objects, or recover their fair market value. Property damages are usually valued at replacement costs which is the amount you would be required to pay to replace the item with a new one similar quality and type without incorporating depreciation. If needed, compensation for funeral costs could be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits that award monetary compensation for individuals who have suffered harm as a result of the negligence or reckless behavior of another. This includes claims arising out of injuries sustained at work, car accidents or medical negligence. An attorney who specializes in personal injury can assist you assess your case and determine much compensation you could be entitled to receive. Attorneys typically are paid on a contingent basis, meaning they only get paid if they succeed in your case. This arrangement permits injured plaintiffs to pursue their cases without the risk of losing money if they don't prevail in their lawsuit. You could be awarded general damages in addition to amount of money you are compensated for your economic losses. These damages are not quantifiable in the same way as damages for special causes, however they are less tangible, such as pain and suffering and loss of consortium, defamation, and emotional distress. The amount of damages is determined by the severity of your injuries and how they affected your life. A competent lawyer can show the severity of your injuries and their effects to maximize your compensation. Your attorney will collect evidence to support your case and interview witnesses. They will go through medical records in order to determine the severity of your injuries and their long-term effects. They will also provide advice about how accepting a settlement can affect your tax liability. After they have gathered all of the relevant information to support your case, your attorney will prepare the complaint. This legal document will set forth your legal arguments as to why the defendant is responsible for the accident, and it will state an amount of damages you want. Your lawyer will file all paperwork required with the court. Once the complaint has been filed, your attorney will negotiate with the insurance company on your behalf. This can be a difficult undertaking for the uninitiated, because insurance companies aren't interested in paying out significant sums of money and will fight to protect their bottom line. One mistake can cost you thousands of dollars, and it is important to have a seasoned attorney on your side, who knows the procedure.