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What Is a Personal Injury Claim? A personal injury claim is a legally processed claim for the right to compensation in monetary terms. This compensation is usually awarded by a jury or judge following an investigation. Economic damages cover actual expenses such as medical expenses and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured due to another person or company's negligent behavior and is injured, they are entitled to compensation for their losses. This is referred to as “damages.” The amount of damages paid will depend on the circumstances that caused the accident and may be decided by a jury following an investigation or agreed upon by the parties after 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. These can be proven by receipts, invoices and documentation. Economic damages can be a result of future expenses, such as medical costs, loss of earning potential, and ongoing medical care. Noneconomic or hedonic damages are the psychological and emotional effects of a collision or injury. They are more difficult to determine than the financial or expense loss. There is no established formula to determine the value of these damages. Insurance companies employ a multiplier based upon the severity and time of the injury. Accidental injuries can stop you from engaging in regular activities like engaging in exercise, taking part in hobbies or even maintaining a relationship with family and friends. In this instance you may be entitled to “loss-of-enjoyment” damages as compensation for your loss. In the end emotional distress damages are designed to provide you with the financial compensation for the stress and mental anguish you have experienced as a result of your injuries. These damages could constitute an important portion of your compensation package. Punitive damages are not designed to compensate you for your losses, but instead punish the person at fault for indecent or reckless behavior. They are usually awarded only in cases involving serious injury or wrongful death. If you or someone close to you has been injured in an accident, it's crucial to speak with an New York City personal injury attorney right away to begin collecting evidence and support for your claim for damages. The sooner you start the process of proving the negligence and the severity of your losses, the more likely you will be awarded a fair settlement. Laredo injury lawsuit of limitations It is important that personal injury claims are filed within the statute of limitations which is a defined period of time after an accident in which a claim is brought. This is beneficial to both the party at fault and insurance companies that pay on the claims. It also ensures that the victim has a realistic chance of recovering the compensation they are entitled to, since memories fade and evidence can be lost over time. However, the statute of limitations is different depending on the state and the type of case. An experienced attorney can guide clients on the statute of limitations applicable to their particular situation and any other exceptions. For instance, 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 start clocking on an injury until the injured party realizes or ought to realize that there is a connection between their injury and the incident that caused it. This is often the case with toxic exposure injuries such as asbestos, however, it can also be relevant in medical malpractice cases or cases involving pharmaceutical injuries. Some states allow for an extension in cases where the person who was injured was a minor when the incident occurred. They cannot file a suit until they are older and it is hard for them to understand the fact that their injuries were caused by someone else when they are younger. Another potential issue is that an injury may affect a person's ability to earn money in the future, and this can be considered part of damages, especially in the event that they are unable to working. In these situations, the injured party has the right to receive compensation from their employer for the wages they would have received had they not been prevented from working because of the injury. It is important that injured parties seek legal advice as quickly as they can following an accident. They should consult an experienced personal injury lawyer to determine what the statute of limitations is for their case and to discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to agreements or policies that protect against liability, loss and damage. This can include health, auto, boatowners, and personal watercraft insurance, as well as insurance for liability and property. Life insurance policies, annuities and trusts may also be included. Insurance companies may be associated with or operate independently of financial services providers and can employ different business models to provide their products. Liability insurance covers the cost of bodily injuries and death that you cause while driving your car. It can also cover the cost of property damage to another's vehicle or other property (such as the fence, a utility pole or building). Personal injury protection or PIP insurance covers medical expenses for you and your passengers who are injured in a crash that is not your fault. It also covers the loss of income or compensation for pain and suffering. Loss of enjoyment of life-altering injuries can compensate for the negative impact that an accident has on your daily life. For example, you may have missed out on activities that you once enjoyed. Pain and suffering compensation is intended to help you recover by taking care of the physical discomfort as well as your emotional stress. Loss of property damages may be used to pay for the repair or replace damaged items, or even recover their fair market value. Most often, property damage is valued at the cost of replacement, which means the amount you'd have to pay to replace your item with a similar item of the same kind and quality, without deducting the depreciation. A personal injury settlement can include compensation for funeral costs, if necessary. Representation A personal injury claim is a civil action which awards monetary compensation to people who suffer harm by an individual's reckless or negligent actions. This includes claims arising from injuries sustained at work, car accidents or medical negligence. An attorney who specializes in personal injury can assist you evaluate your case and determine how you are entitled to receive. Attorneys typically charge an hourly fee, which means they only get paid when they win your case. This arrangement permits those who have been injured to pursue their claims without fear of losing money in the event they lose their lawsuit. You may also be awarded general damages in addition to financial compensation you receive for your economic losses. These damages are not measurable in the same manner as special damages, but they cover less tangible costs such as pain and suffering, loss of consortium, emotional distress, and defamation. The amount of damages is contingent on the severity of your injury and how it has affected your life. A competent lawyer can show the severity of injuries and their impact to maximize your compensation. Your lawyer will question witnesses and gather evidence to back up your claim. They will also look over medical records to show the severity of your injuries and their long-term impacts. They will also offer guidance regarding how settling may affect your tax return. Your lawyer will draft a formal complaint once they have all the information required to prove your case. The legal document will contain your legal arguments on what the defendant's role was for the accident and the amount of damages you are seeking. Your lawyer will also file any necessary documents with the court. Your attorney will negotiate on your behalf with the insurance company once the complaint has been filed. This can be a complex undertaking for the uninitiated, because insurance companies aren't interested in paying large sums of money and will fight to protect their bottom line. A single mistake can cost you thousands. It is therefore important to have a knowledgeable lawyer who understands the procedure.