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What Is a Personal Injury Claim? A personal injury claim is a formal processed assertion of the right to monetary compensation. The compensation is usually awarded by a jury or judge following a trial. Economic damages are the actual cost of a transaction, such as medical bills or lost wages. Non-economic damages include compensation for emotional distress and suffering. Damages If someone is injured as a result by the negligence of a business or individual or business, they are entitled to be compensated. Damages are awarded based on the specific circumstances of the accident. They can be decided by a court after an investigation, or by the parties after the settlement negotiations. The following are the most common kinds of personal injury damages: Economic damages refer to the actual monetary expenses or financial losses incurred as a result of an accident and injuries. These can be proven by receipts, invoices and other documentation. Economic damages may include future foreseeable costs including medical expenses and loss of earning potential and ongoing care. Hedonic or non-economic damages are emotional and psychological impact of an accident and injuries. They are more difficult to value than the expense or financial loss. There is no set formula to determine the value of these damages, and insurance companies typically use a multiplier or per diem depending on the severity of the victim's injury. Accidental injuries may prevent you from engaging in everyday activities such as exercising, enjoying hobbies or even maintaining relationships with friends and family. If this is the case, you may be awarded “loss of enjoyment” damages to compensate you for this loss. In the end, emotional distress damages are a way to pay for the anxiety and mental anguish you have endured as a result your injuries. The award of these damages can be a significant part of your compensation package. Punitive damages aren't designed to compensate you for your losses, but rather penalize the party at fault for egregious or outrageous behavior. These are usually granted only in the event of serious injuries or wrongful deaths. It's important that you get in touch with an New York City injury lawyer immediately if 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 sooner you start the process of proving your fault and the severity of your losses the more likely you will be awarded a fair settlement. Kansas City injury lawyers of limitations It is crucial that personal injury claims are filed within the timeframe of the statute of limitations which is a defined period of time after an accident during which a claim can be filed. This safeguards the party at fault as well as the insurance companies who pay on such claims. It also gives the victim the chance to claim the compensation that they are entitled to. The statute of limitations can differ depending on the state and the type of case. An experienced attorney will be able to guide clients on the exact time-limits applicable to their case, as well as any exceptions that may apply. In certain circumstances the discovery rule can extend a statute of limitations beyond the normal limit of three years. This is because the clock doesn't start ticking on an injury until the injured party realizes or should reasonably be aware that there's an association between their injury and the event that caused it. This is usually the case with toxic exposure injuries, such as asbestos, but could also be relevant in medical malpractice or pharmaceutical injury cases. Some states even allow an extension for cases where the injured party was minor at the time of the incident. This is due to the fact that they cannot bring a lawsuit until they reach adulthood and it may be difficult for them to comprehend the connection between their injury and the reason for it when they are young. Another possibility is that an injury could affect a person's ability to earn money in the future, which could be considered as part of damages, especially in the event that they are unable to working. In these cases, the injured party is entitled to a reimbursement from their employer for wages they would have earned had they not been unable to work because of their injury. It is important that injured parties seek legal advice as quickly as they can after their accident. A personal injury lawyer can assist them determine the statute of limitation for their case, and discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to describe policies or agreements which protect against liability, loss and damage. This can include insurance for health, auto, boat owners and personal watercraft insurance as well as insurance for liability and property. It can also include life insurance trusts, annuities, and policies. Insurance companies can be affiliated with or operate independently of financial service providers and can use various business models to sell their products. Liability insurance protects you against the cost of bodily injuries and death caused by you while driving your car. It can also cover property damage to a vehicle or property belonging to another (such as fences, buildings or utility pole). PIP or personal injury protection insurance will cover medical expenses as well as those of your passengers if you are injured in an accident that was not your fault. This insurance can also cover lost income and compensation for pain or suffering. Damages for loss of enjoyment of life can compensate you for the negative effect that an accident has had on your daily life, such as missing the activities you once enjoyed. Compensation for suffering and pain is designed to restore your health by dealing with your physical discomfort and emotional distress. Property damage can provide the funds needed to repair or replace damaged items or to recover their fair market value. Property damages are usually valued at replacement costs which is the amount you would be required to pay to replace the item with one of the same type and kind, without taking into account depreciation. If necessary funeral costs are included, compensation can be included in a settlement for personal injury. Representation A personal injury claim is a civil action that awards monetary compensation to people who suffer harm by another party's negligent or willful conduct. This could include claims stemming from car accidents, workplace injuries as well as medical malpractice. An attorney who specializes in personal injury can help you evaluate your case and determine how much compensation you may be entitled to receive. Attorneys generally charge an hourly fee, which means they are only paid when they win your case. This arrangement allows plaintiffs who have suffered injury to pursue their cases without risking losing money if they do not succeed in their lawsuit. In addition to the financial damages for your economic losses, you could be awarded a monetary amount known as general damages. These damages are not quantifiable in the same way as damages for special causes, however they are less tangible, such as pain and suffering and loss of consortium, defamation, and emotional distress. The amount of damages is determined by the severity of your injuries and how they have changed your life. A skilled lawyer can demonstrate the severity of your injuries and their impact on your life to maximize your compensation. Your lawyer will gather evidence for your case and talk to witnesses. He or she will also look over medical records to show the extent of your injuries as well as the long-term consequences. They will also provide guidance regarding how settling could affect your tax bill. Your lawyer will draft a complaint after they have all the evidence needed for 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 attorney 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 can be a difficult undertaking for the uninitiated, since insurance companies aren't keen on paying large amounts of money and fight to protect their bottom line. A small error could cost you thousands. Therefore, it is essential to have a knowledgeable attorney who is familiar with the process.