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What Is a Personal Injury Claim? A personal injury claim is an official assertion of your right to compensation. This is usually awarded by a jury or judge following a trial. Economic damages are a way to cover actual costs such as medical bills and lost wages. Non-economic damages include compensation for emotional distress and suffering. Damages If someone is injured because due to the negligence of another business or individual the injured party has a right to be compensated. This is referred to as “damages.” The amount of damages paid will depend on the accident circumstances, and may be decided by a jury following an investigation or agreed upon by the parties after an agreement to settle. Personal injury damages can be classified into the following categories: Economic damages are the actual expenses or financial losses due to an accident. These can be proven by receipts, invoices and documentation. Economic damages can include future foreseeable costs including medical expenses and loss of earning potential, and ongoing medical care. Hedonic or non-economic damages are emotional and psychological impact of an injury or accident. They are more difficult to value than expenses or financial losses. There is no established formula to determine the value of these damages. Insurance companies use a multiplier based upon the severity and time of the injury. Accidental injuries may prevent you from engaging in daily activities such as exercising, enjoying hobbies or even maintaining relationships with friends and family. If this is the case, you can be awarded “loss of enjoyment” damages to compensate you for this loss. Finally emotional distress damages are designed to compensate you for the fear and mental anguish you have endured as a result your injuries. The amount you receive for these damages can be a major component of your compensation package. Punitive damages do not compensate you for the damages you have suffered, but rather punishes the party at fault for their blatant or indecent conduct. These are typically awarded only in cases involving serious injury or death. It is essential to get in touch with an New York City injury lawyer immediately when you or someone close to your heart has been injured. They can assist in gathering evidence to back your claim and start the process of proving negligence. The earlier you begin the process of proving your negligence and the severity of your losses the more likely you are to get a fair settlement. Statute of limitations It is essential that personal injury claims are filed within the timeframe of the statute of limitations, which is a set period of time after an accident during which a claim can be made. This safeguards both the person who was at fault as well as the insurance companies who pay out on these claims. It also ensures that the victim has a fair chance of recovering the amount they are entitled to, as memories fade and evidence can be lost over time. The time limit for filing a claim can differ depending on the state and case type. An experienced lawyer will be able to inform clients of the specific statute of limitations that applies to their particular case and any exceptions that may apply. For instance, in certain circumstances, the discovery rule could extend the statute of limitations past the normal limit of three years. This is because the clock doesn't start ticking on claims until the party who suffered the injury is aware or reasonably should realize that there is an association between their injury and the incident that caused it. This is often the case with toxic exposure injuries such as asbestos, but could also apply to medical malpractice or cases involving pharmaceutical injury. Certain states even permit an extension in situations where the victim was a minor at the time of the incident. This is because they cannot file a lawsuit until they reach the age of adulthood and it is difficult for them to understand the connection between their injury and the reason for it while they are still young. The future ability of a person to earn money could be considered as part of the damages, especially in the event that they were prevented from working. In these cases, the injured party is entitled to compensation from their employer for the wages they would have earned if they hadn't been prevented from working because of their injury. It is important that injured parties seek legal advice as quickly as they can after their accident. They should consult with an experienced personal injury lawyer to determine 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 agreements or policies that protect against loss, liability and damage. It could refer to insurance for liability and property as in addition to health boatowners', auto and personal watercraft insurance. Life insurance policies, annuities and trusts could be added. Insurance companies may be associated with or independently of financial services providers and can use different business models to offer their services. Liability insurance protects you from the costs associated with a bodily injury or death to others that you cause while driving your car. It also covers the cost of damages for property damage to another's vehicle or other property (such as the fence, utility pole, or building). PIP or personal injury protection insurance will cover medical expenses as well as the expenses of your passengers if you are injured in an accident that was not your fault. It also covers lost income or compensation for pain and suffering. The loss of enjoyment in life's damages can be compensated for the negative effect an accident has on your lifestyle. For example, you may have missed out on the activities you used to enjoy. Pain and suffering compensation is designed to help you recover by addressing the physical discomfort as well as your emotional distress. Damages to property can cover the costs to repair or replace damaged items, or to recover their fair market value. Most often, property damage is valued at the cost of replacement which is the amount that you would need to pay to replace your item with one of the same kind and quality, minus depreciation. A personal injury settlement may include compensation for funeral expenses should they be required. Representation Personal injury claims are civil lawsuits which award monetary compensation to individuals who suffered harm as a result of the negligence or reckless behavior of another. This includes claims that arise from injuries sustained at work, car accidents or medical negligence. Cicero injury attorneys can help you assess the case and determine what compensation you are entitled to. Attorneys typically are paid on a contingency basis which means they only get paid if you win your case. This arrangement allows plaintiffs who have suffered injury to pursue their claims without the risk of losing money if they do not win their case. You could be awarded general damages in addition to monetary compensation for the economic losses. These damages are not quantifiable in the same way as special damages, but they cover less tangible costs like pain and suffering, 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 skilled lawyer can demonstrate the severity of your injuries and their impact to maximize your compensation. Your attorney will collect evidence for your case and interview witnesses. They will also review medical records to demonstrate the severity of your injuries as well as their long-term effects. They can also advise you about how accepting a settlement could affect your tax bill. Your attorney will draft a formal complaint once they have all the information required to prove your case. This legal document will outline your legal arguments as to the reasons why the defendant is accountable for the accident, and will also state the amount of damages you're seeking. Your lawyer will file all paperwork required with the court. Your attorney will negotiate on your behalf with the insurance company once the complaint has been filed. It is a complex procedure for those who are not experienced with the procedure, since insurance companies are not willing to pay out large sums of cash and will fight to protect their bottom line. A mistake could result in thousands of dollars, and it is essential to have a seasoned attorney on your side who knows the procedure.