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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. This compensation is usually awarded by a jury or judge after a trial. Economic damages cover the actual costs like medical bills and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages When someone is injured because of the negligence of another company or individual's or wrongful conduct, they are entitled to compensation for their losses. This is known as “damages.” The damages paid will depend on the circumstances of the accident, and can be determined by a jury following trial or negotiated by the parties after the settlement negotiation. Personal injuries can be classified into the following categories: Economic damages refer to the actual financial costs or financial losses incurred as the result of an accident and injuries. Receipts, invoices and other documentation can be used to prove the existence of these damages. Economic damages can include future costs that are foreseeable, such as medical costs and loss of earning potential, and ongoing care. The psychological and emotional trauma resulted from an accident or injury is known as noneconomic or hedonic damages. They are more difficult to value than expense or financial losses. There is no standard formula to assess these damages and insurance companies usually employ a multiplier or per diem based on the severity of the victim's injury. Injuries resulting from an accident can prevent you from enjoying the activities of daily life like exercise, hobbies and even relationships with your family and friends. In this situation you may be entitled to “loss-of-enjoyment” damages as compensation for the loss. In the end emotional distress damages are a way to pay for the anxiety and mental anguish that you've suffered as a result of your injuries. The amount you receive for these damages could be a major component of your compensation package. Punitive damages aren't designed to compensate you for your losses, but instead penalize the party at fault for their outrageous or egregious behavior. They are typically granted only in the event of serious injuries or wrongful deaths. It is crucial to contact an New York City injury lawyer immediately when you or someone close to you has been injured. They can assist in gathering evidence to support your claim and begin the process of proving negligence. The sooner you start the process of proving the negligence and the magnitude of your losses the more likely you are to be awarded an equitable settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time frame following an accident when can be filed. This protects both the party at fault and insurance companies that pay on the claims. It also ensures that the victim has a reasonable chance of recovering the compensation they are entitled to, since memories fade and evidence may disappear over time. However the statute of limitations varies according to the state and type of case. An experienced attorney will be able to advise clients of the specific time-limits applicable to their particular case and any exceptions that could apply. In certain circumstances the discovery rule can extend a statute past its normal limitation of three years. This is because the clock doesn't start to tick on a claim until the party who suffered the injury is aware or reasonably should realize that there is a connection between their injury and the event that caused it. This is the case for toxic exposure injuries, such as asbestos. It may be relevant to medical malpractice or pharmaceutical injury claims. Some states allow for an extension in situations where the person who was injured was a minor when the incident occurred. This is due to the fact that they cannot sue until they reach the age of adulthood and it is difficult for them to grasp the connection between their injury and the reason behind it when they're young. Another possibility is that an injury may hinder a person's ability earn money in the future, and this can be considered as part of the damages, especially when they are unable to working. In these cases, the injured party is entitled to reimbursement from their employer for income they would have earned if they had not been unable to work because of their injury. It is important that injured parties seek legal advice as soon as they can after their 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 the broad term used to describe policies or agreements that safeguard against liability, loss and damage. This can include insurance for health, auto, boat owners, and personal watercraft insurance in addition to insurance for liability and property. Annuities, life insurance policies and trusts may be added. Insurance companies can be associated with or operate independently of financial services providers and can employ various business models to sell their services. Liability insurance covers the costs of bodily injury and death that you cause while driving your car. It can also cover property damage to a vehicle or other property belonging to another (such as a building, fence or utility pole). PIP or personal injury protection insurance will cover your medical expenses and those of your passengers in the event that you are injured in an accident that was not your fault. It may also cover the loss of income or compensation for pain and suffering. Damages for loss of enjoyment can compensate you for the negative impact that an accident has had on your daily life for example, if you have missed out on activities that you once enjoyed. Compensation for pain and suffering is designed to restore your health by dealing with your physical discomfort and emotional stress. Damages resulting from the loss of property may be used to pay for the repair or replace your damaged property or get the fair market value of your item. Damages to property are usually assessed at replacement costs, which is the amount you would need to pay to replace the item with another of the same quality and design, without taking into account depreciation. If necessary funeral costs are included, compensation can 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 consequence of the negligence or reckless conduct of another party. This includes claims arising out of car accidents, work-related injuries or medical malpractice. A personal injury attorney can help you assess the case and determine the compensation you are entitled to. Lawyers are typically paid on a contingency basis which means that they only get paid if you win your case. This arrangement permits injured plaintiffs to pursue their cases without the risk of losing money if they do not win their case. In addition to the monetary damages for your economic losses, you could also be awarded a monetary amount known as general damages. These damages are not measurable in the same manner as damages for special circumstances, but they include less tangible costs such as pain and suffering as well as loss of consortium emotional distress, and defamation. The amount of damages depends on the severity of your injury and how it has affected your life. A competent lawyer can show the extent of injuries and their impact to maximize your compensation. Your attorney will collect evidence for your case and interview witnesses. He or she will review medical records to establish the extent of your injuries as well as their long-term effects. They can also give you information on how accepting a settlement might affect your taxes. Once they have gathered all of the necessary information for your case, your lawyer will prepare a complaint. The legal document will contain your legal arguments regarding why the defendant was responsible for the accident and the amount of damages you seek. Your attorney will also file any necessary paperwork with the court. Once the complaint has been filed, your attorney will work with the insurance company on your behalf. This can be a complex task for those who aren't familiar with it, since insurance companies aren't interested in paying out significant sums of money and will fight to protect their profits. A single mistake can cost you thousands. Therefore, Murrieta injury attorney is essential to have a knowledgeable lawyer who understands the procedure.