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What Is a Personal Injury Claim? A personal injury claim is a legally filed claim to the right to financial compensation. The amount of compensation is typically awarded by a jury or judge after the trial. Economic damages include actual expenses like medical bills or lost wages. Non-economic damages are compensation for emotional suffering, pain and distress. Damages If someone is injured as a result of an individual or company's reckless actions, they are entitled to compensation for their loss. This is known as “damages.” The damages paid will depend on the accident circumstances, and may be decided by a jury after trial or negotiated by the parties after a settlement negotiation. Personal injury damages can be classified into the following categories: Economic damages represent the actual monetary expenses or financial losses that are incurred as a result of an accident or injuries. These can be proven with receipts, invoices, and documentation. Future foreseeable costs such as medical bills, loss of earning capacity and ongoing care costs could also be included in the economic damages award. The psychological and emotional trauma caused by an injury or accident is known as noneconomic or hedonic damage. These damages are harder to assess than expense or financial losses. There is no standard formula to evaluate these damages. Insurance companies employ a multiplier based upon the severity and duration of the injuries. Atlanta injury lawyers resulting from an accident can hinder your enjoyment of your daily activities like exercise, hobbies, and even relationships with your family and friends. If this is the case, you could be awarded “loss of enjoyment” damages to compensate you for this loss. In the end emotional distress damages are designed to pay for the anxiety and mental stress you've experienced as a result of your injuries. These damages could make up an important portion of your compensation package. Punitive damages don't pay for the losses you have suffered, but rather punishes the person at fault for their blatant or indecent behavior. They are usually awarded only in cases involving grave injury or death. If you or someone close to you has been injured in an accident, you need to speak with a New York City personal injury attorney right away to begin collecting evidence and support for your claim for damages. The earlier you begin the process of proving your fault and the magnitude of your losses the more likely you will be awarded an equitable settlement. Statute of limitations It is important that personal injury claims are filed within the time limit of the statute of limitations which is a predetermined time frame following an accident in which a claim can be made. This protects the at-fault party as well as the insurance companies that pay on such claims. It also ensures that the victim has a reasonable chance of recovering the compensation they are entitled to, as memories fade and evidence may disappear over time. The time limit for filing a claim can vary by state and case type. An experienced attorney can guide clients on the time limit applicable to their particular situation and any exceptions. In certain circumstances, the discovery rule may extend a statute past its normal limit of three years. This is because the clock does not begin ticking on a claim until the party who suffered the injury is aware or ought to realize that there is an association between their injury and the incident that led to it. This is the case with toxic exposure injuries like asbestos. It can also be relevant in medical malpractice or pharmaceutical injury cases. Some states allow for an extension in situations where the person who was injured was a minor when the incident occurred. They aren't able to file a suit until they are adults, and it is difficult for them to understand the fact that their injuries were caused by someone else when they're younger. A person's ability to earn a living can be considered to be a part of the damages, particularly if they have been disabled from working. In these cases the person who has suffered an injury is entitled to compensation from their employer for the amount of wages they would have earned had they not been restricted from working because of their injury. It is crucial that injured parties seek legal advice as soon as they can after their accident. A personal injury lawyer can help them determine the statute of limitations for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to policies or agreements that protect against liability, loss, and damage. It could refer to insurance for liability and property as in addition to health, auto, boatowners' and personal watercraft insurance. It could also include life insurance policies, annuities and trusts. Insurance companies can be associated with financial services companies or operate on their own. They can also utilize a variety of business models to provide their products. Liability insurance protects you against the cost of bodily injury and death resulting from your actions while driving your vehicle. It can also cover property damage to a vehicle or property of another (such as a building, fence or utility pole). PIP or personal injury protection insurance will cover the medical expenses of you and the expenses of your passengers if you are injured in an accident that is not your fault. It may also cover loss of income or compensation for pain and suffering. The loss of enjoyment in life damages can compensate for the negative impact an accident has on your lifestyle. For instance, you may have missed out on the activities that you once enjoyed. Compensation for suffering and pain is designed to help you recover by dealing with your physical discomfort and emotional distress. Damages resulting from the loss of property may be used to pay for the repair or replace your damaged items or get the fair market value of your item. Property damages are usually valued at replacement costs, which is the amount you would have to pay to replace the item with one of the same type 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 that award financial compensation for individuals who have suffered injury as a result of the negligence or wrongful conduct of another party. This includes claims arising from car accidents, workplace injuries, and medical malpractice. An attorney for personal injuries can assist you in evaluating the situation and determine the compensation you are entitled to. Lawyers are typically paid on a contingency basis which means that they only get paid if they win your case. This arrangement allows injured plaintiffs to pursue their cases without the risk of losing money if they do not succeed in 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 way that special damages are, but they do include less tangible expenses like the pain and suffering as well as loss or consortium defamation and emotional distress. The amount of damages you receive will depend on the severity of your injury and how it has affected your life. A competent lawyer can show the severity of injuries and their effects to maximize your compensation. Your attorney will collect evidence to support your case and talk to witnesses. He or she will also review medical records to demonstrate the severity of your injuries as well as the long-term consequences. They can also give you information regarding how settling might affect your taxes. Your lawyer will draft a complaint once they have all the evidence necessary for your case. This legal document will outline 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 file all necessary paperwork with the court. Once the complaint has been filed, your attorney will negotiate with the insurance company on your behalf. This is a complicated task for those who aren't familiar with it, as insurance companies are not interested in paying large amounts of money, and they fight to protect their bottom line. A mistake could cost you thousands of dollars, which is why it is crucial to have an experienced attorney on your side who is well-versed in the process.