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What Is a Personal Injury Claim? A personal injury claim is a formal declaration of your right to compensation. This compensation will usually be given by a jury or judge following a trial. Economic damages refer to actual costs, such as medical bills or lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured due to the negligence of another company or individual's behavior the person is entitled to compensation for their loss. Damages are awarded based upon the specific circumstances of the accident. They may be determined by a judge following an investigation or by the parties after a settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages are the actual financial losses or expenses incurred as a result of an accident. Receipts, invoices and other documentation can be used to prove the existence of these damages. Future foreseeable costs such as medical bills, loss of earning capacity and ongoing medical expenses could also be included in the economic damages awarded. Hedonic or non-economic damages are the emotional and psychological impact of an injury or accident. These damages are harder to quantify than financial or expense losses. There is no formula that can be used to determine the value of these damages. Insurance companies employ a multiplier based on the severity and duration of the victim's injuries. Accident-related injuries can hinder your enjoyment of the activities of daily life such as exercise, hobbies, and even relationships with your family and friends. In this instance, you may be entitled to “loss-of-enjoyment” damages as compensation for the loss. Lastly, emotional distress damages are a way to compensate you for the fear and mental anguish that you've suffered 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 egregious or outrageous behavior. They are typically awarded only in cases involving grave injury or death. It is essential to contact a New York City injury lawyer immediately in the event that you or someone close to you has been injured. They can help gather evidence to back your claim and start the process of proving negligence. The sooner you start the process of proving your negligence and extent of your losses the more likely that you'll be awarded a fair settlement. Statute of limitations It is important that personal injury claims are filed within the statute of limitations which is a defined period of time following an accident in which a claim is made. This protects both the party who was at fault as well as the insurance companies who pay out on the claims. It also ensures that the victim has a reasonable chance of recovering the amount they are entitled to, as 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 lawyer will be able to inform clients of the specific time-limits applicable to their case, as well as any exceptions that may apply. In certain cases the discovery rule can extend a statute of limitations beyond the normal limit of three years. The clock doesn't begin to run on a claim until an injured party is aware or ought to be aware that there exists a link between their injury and the incident which caused it. This is the case with toxic exposure injuries such as asbestos. It can also be relevant in medical malpractice or pharmaceutical injury cases. Some states allow for an extension in cases where the injured person was a minor at the time the incident occurred. This is due to the fact that they cannot bring a lawsuit until they reach the age of adulthood, and it can be difficult for them to comprehend the connection between their injury and the cause of it when they are young. Another potential issue is that an injury might affect a person's ability to earn money in the future, which could be considered as part of the damages, especially when they are unable to working. In these situations the injured party is entitled to compensation from their employer for 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 time limit is for their case, and to discuss any possible exceptions. Insurance coverage Insurance coverage is the broad term used to refer to agreements or policies that safeguard against liability, loss and damage. This could include auto, health, boatowners and personal watercraft insurance as well as insurance for liability and property. It may also include life insurance trusts, annuities, and policies. Insurance companies may be affiliated with financial services providers or operate on their own. They may also employ different business models to sell their products. Liability insurance covers the cost of bodily injury and death caused by you while driving your car. It also covers the cost of damages for property damage to the vehicle of another or to other property (such as the 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 crash that is not your fault. This insurance can also cover lost income and compensation for pain or suffering. Loss of enjoyment of life's damages can be compensated for the negative impact an accident has on your daily life. For instance you may have missed out on the activities that you once enjoyed. Compensation for pain and suffering is designed to make you whole by dealing with the physical discomfort as well as your emotional pain. Damages resulting from the loss of property could provide the funds needed to 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 be required to pay to replace the item with one of the same quality and type without incorporating depreciation. If necessary funeral expenses are compensated, this can be included in a settlement for personal injury. Representation Personal injury claims are civil lawsuits which award monetary compensation to individuals who suffered injury as a result of the negligence or willful actions of another. This includes claims arising from accidents at work, car accidents, and medical malpractice. An attorney with expertise in personal injury will help you assess your case and determine much compensation you could be entitled to. Attorneys generally charge a contingency fee, meaning they are only paid for winning your case. This arrangement permits injured plaintiffs to pursue their cases without the risk of losing money if they don't succeed in their lawsuit. You may also be awarded general damages in addition to the amount of money you are compensated for your economic losses. These damages cannot be quantified in the same way as damages for special causes, however they cover less tangible costs such as pain and suffering as well as loss of consortium emotional distress, and defamation. The amount of damages you receive will depend on the severity of your injury and how it has affected your life. A skilled lawyer can demonstrate the severity of injuries and their effects to maximize your compensation. Your attorney will collect evidence to support your case and interview witnesses. He or she will look over medical records to show the severity of your injuries as well as the long-term consequences. They can also advise you on how settling a case could affect your tax bill. Once they have gathered all the necessary information for your case, your attorney will draft the complaint. This legal document will present your legal arguments for why the defendant is responsible for the accident, and it will also state the amount of damages you want. Your attorney will file all paperwork required with the court. Your attorney will negotiate on behalf of you with the insurance company once the complaint has been filed. It can be a complicated procedure for those who are not experienced with the process, as insurance companies will not pay out large sums of cash and will fight to protect their bottom line. You Tube could cost you thousands of dollars, so it is important to have an experienced attorney on your side, who knows the procedure.