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What Is a Personal Injury Claim? A personal injury claim is a formally processed claim for the right to financial compensation. This is usually awarded by a jury or judge after an investigation. Economic damages are the actual cost of a transaction such as medical expenses or lost wages. Non-economic damages include the compensation for emotional distress and pain. Damages If someone is injured because by the negligence of a person or business the injured party has a right to be compensated. Damages are awarded based upon the specific circumstances of the accident. They can be decided by a court after a trial, or by the parties after an agreement to settle. The following are common types of personal injury damages: Economic damages are the actual financial losses or expenses incurred in the event of an accident. Receipts, invoices and other forms of documentation can be used to prove these damages. Economic damages can be a result of future expenses including medical expenses as well as loss of earning potential and ongoing medical care. The psychological and emotional trauma resulted from an accident or injury is referred to as non-economic or hedonic damage. They are more difficult to quantify than the financial or expense loss. There is no set formula to determine the value of these damages, and insurance companies often employ a multiplier or per diem depending on the severity of the injury. Accident-related injuries could hinder you from enjoying the day-to-day pursuits of life like sports, exercise, and even relationships with family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to compensate you for the loss. In the end emotional distress damages are intended to pay for the anxiety and mental anguish that you've experienced as a result of your injuries. The award of these damages could be a significant part of your compensation package. Punitive damages aren't designed to compensate you for your losses, but instead penalize the party at fault for indecent or reckless behaviour. They are usually awarded only in the case of serious injury or wrongful death. It is crucial to contact an New York City injury lawyer immediately if you or someone close to you has been injured. They can assist you in gathering evidence to back your claim and start the process of proving negligence. The sooner you start the process of proving your negligence and the extent of your losses the more likely you will receive a fair settlement. Statute of limitations It is important that personal injury claims are filed within the timeframe of the statute of limitations which is a defined period of time following an accident in which a claim may be filed. This protects both the party responsible and the insurance companies that pay on the claims. It also gives the victim the chance to claim the compensation they are entitled to. However the statute of limitations varies depending on the state and the type of case. An experienced attorney can advise clients on the time limit applicable to their particular situation and any exemptions. In certain cases the discovery rule can extend the statute of limitations beyond its normal three-year limit. This is because the clock doesn't begin to tick on an injury until the person who has suffered an injury realizes or reasonably should realize that there is a connection between their injury and the incident that caused it. This is usually the case with toxic exposure injuries like asbestos, but could also be relevant in medical malpractice cases or pharmaceutical injury cases. Certain states even allow for an extension in cases where the injured party was an under-age person at the time of the incident. This is because they cannot bring a lawsuit until they reach adulthood, and it can be difficult for them to understand the connection between their injuries and the cause of it when they are young. Another possibility is that an injury might affect a person's ability to earn money in the future, which could be considered part of the damages, particularly if they are prevented from working. In these instances the person who was injured is entitled to receive a reimbursement from their employer for earnings they could have earned if they had not been prevented from going to work due to their injury. It is important that injured parties seek legal advice as soon as they can following an accident. They should speak with an experienced personal injury lawyer to determine what the statute of limitations is for their particular case and discuss any potential exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements that provide protection against liability, loss, and damage. It can refer to insurance for health, auto, boat owners and personal watercraft insurance, in addition to property and liability coverage. Life insurance policies, annuities and trusts could also be included. Insurance companies may be affiliated with financial service providers or operate independently. They can also utilize a variety of business models to provide their services. Liability insurance can protect you from the costs that come with a bodily injury or death to others that you cause while operating your vehicle. It also covers the cost of damages to property caused by the vehicle of another or to other property (such as a fence, utility pole or building). Personal injury protection, also known as PIP insurance covers medical expenses for you and your passengers who are injured in a collision that is not your fault. It also covers the loss of income and compensation for pain or suffering. Damages for the loss of enjoyment of life can compensate you for the negative effect that an accident has had on your daily life, such as missing out on activities you once enjoyed. Compensation for suffering and pain is intended to restore your health by dealing with your physical discomfort and emotional pain. Loss of property damages may provide the funds needed to repair or replace damaged items or even 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 one of the same type and type without incorporating depreciation. A personal injury settlement can include compensation for funeral expenses in the event of a need. Representation A personal injury claim is a civil action that awards monetary compensation to those who have been harmed by another party's negligent or willful conduct. This includes claims arising from injuries sustained at work, car accidents and medical negligence. An attorney who specializes in personal injury can assist you assess your case and determine much compensation you could be entitled to. Lawyers are typically paid on a contingent basis, which means that they only receive compensation if you succeed in your case. This arrangement allows those who have been injured to pursue their claims without worry of losing money in the event they lose their lawsuit. In addition to the monetary damages for your economic losses, you could also be awarded a lump sum of general damages. These damages are not quantifiable in the same manner as damages for special causes, however they are less tangible, such as pain and suffering as well as loss of consortium defamation, and emotional distress. The amount of these damages is determined by the severity of your injuries and how they changed your life. A skilled lawyer will be able prove the severity of your injuries and the impact they have had on you in order to maximize your compensation. Your attorney will collect evidence for your case and speak with witnesses. He or she will also review medical records to demonstrate the extent of your injuries and their long-term effects. They will also provide advice on how accepting a settlement could affect your tax bill. Your lawyer will draft a complaint once they have all the facts required to prove your case. This legal document will set forth your legal arguments regarding why the defendant is responsible 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. After the complaint has been filed, your lawyer will negotiate with the insurance company on your behalf. Seattle injury lawsuits is a complex procedure for those not familiar with the process, as insurance companies will not pay out large sums of cash and will fight to protect its bottom line. One misstep can cost you thousands of dollars, so it is important to have an experienced lawyer to your side who knows the procedure.