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What Is a Personal Injury Claim? A personal injury claim is a formal assertion of your right to compensation. The amount of compensation is typically granted by a jury or judge after a trial. Economic damages cover actual expenses such as medical expenses and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages If someone is injured as a result of the negligence of another company or individual's behavior, they are entitled to compensation for their losses. This is known as “damages.” The damages awarded depend on the circumstances that caused the accident and could be decided by a jury following a trial or agreed upon by the parties after an agreement to settle. The following are the most common types of personal injury damages: Economic damages are the actual financial losses or expenses incurred in the event of an accident. They can be proved by receipts, invoices and other documentation. Future-looking costs like medical bills and loss of earning capacity and ongoing care costs are also included in the award of economic damages. Noneconomic or hedonic damages are psychological and emotional effects of an accident and injuries. These damages are harder to value than financial or expense losses. There is no standard formula to determine the value of these damages, and insurance companies often employ a multiplier or per diem determined by the severity of the injury. The injuries that result from an accident can hinder your enjoyment of the day-to-day pursuits of life such as exercise, hobbies, and even relationships with your family and friends. In this situation, you may be entitled to “loss-of-enjoyment” damages to compensate for the loss. Finality emotional distress damages are a way to compensate you for the mental anguish and fear you've endured due to your injuries. These damages can make up a large 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 awarded only in cases of serious injuries or wrongful deaths. If you or someone close to you was injured in an accident, you need to contact a New York City personal injury attorney immediately to start gathering evidence to support your claim for damages. The earlier you begin the process of proving negligence and the magnitude of your losses the more likely it will be that you'll be awarded an appropriate settlement. Statute of limitations Personal injury claims must be filed within the timeframes of limitations. This is a time limit following an accident when claims can be brought. This safeguards both the person at fault and insurance companies who pay out on the 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 be lost over time. The time limit for filing a claim can differ by state and case type. An experienced attorney can advise clients on the time limit applicable to their case and any other exceptions. In certain circumstances the discovery rule can extend a statute beyond the normal limit of three years. The clock doesn't begin to run on a claim until an injured person is aware or could be aware of an association between their injury and the event that caused it. This is the case with toxic exposure injuries such as asbestos. It can also be relevant for medical negligence or pharmaceutical injury cases. Some states even allow for an extension in instances where the person who was injured was minor at the time of the incident. 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 grasp the connection between their injuries 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, and this can be considered part of the damages, especially when they are unable to working. In these cases the person who has suffered an injury is entitled to reimbursement from their employer for income they would have earned if they had not been prevented from going to work due to an injury. It is important that injured parties seek legal advice as soon as they can following an accident. A personal injury lawyer can assist them determine the statute of limitations for their particular case, and discuss any possible exceptions. Insurance coverage Insurance coverage is the broad term used to describe policies or agreements that protect against liability, loss, and damage. It can include property and liability insurance as in addition to health boatowners', auto, and personal watercraft coverage. It may also include life insurance trusts, annuities and policies. Insurance companies can be associated with or independently of financial service providers and may use a variety of business models to offer their products. Liability insurance can protect you from the costs that come with bodily injury or death to others that you cause while driving your vehicle. It also covers property damage to a vehicle, or any other property belonging to another (such as fences, buildings or utility pole). Centennial injury attorneys YouTube , also known as PIP insurance will cover medical expenses for you and your passengers who are injured in a crash that is not your fault. It also covers lost income or compensation for pain and suffering. Damages for the loss of enjoyment of life can compensate you for the negative impact that an accident has had on your lifestyle, such as missing out on activities you used to enjoy. Compensation for pain and suffering is designed to make you whole again by taking care of your physical discomfort and emotional stress. Damages due to the loss of property can cover the cost to repair or replace your damaged items or get the fair market value of your item. Most often, property damage is valued at replacement cost which is the amount you'd need to pay to replace the item with a similar item of the same kind and quality, minus depreciation. If it is necessary funeral costs are included, compensation could be included in a personal injury settlement. Representation A personal injury claim is a civil lawsuit that awards financial compensation to those who have been harmed due to an individual's reckless or negligent behavior. This can include claims arising from accidents at work, car accidents, and medical malpractice. An attorney who specializes in personal injury can help you assess your case and determine much compensation you may be entitled to receive. Attorneys generally charge a contingency fee, meaning they only get paid for winning your case. This arrangement permits plaintiffs who have suffered injuries to pursue their claims without the fear of losing money if they lose 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 manner as damages for special circumstances, but they include less tangible costs like pain and suffering as well as loss of consortium defamation, and emotional distress. The amount of damages is determined by the severity of your injuries and how they changed your life. A skilled lawyer can demonstrate the extent of injuries and their effects to maximize your compensation. Your attorney will interview witnesses and gather evidence to support your case. They will also review medical records to demonstrate the severity of your injuries as well as the long-term consequences. They can also give you advice regarding how settling could affect your tax bill. Once they have gathered all the relevant information for your case, your lawyer will draft a complaint. This legal document will include your legal arguments on what the defendant's role was for the accident and the amount of damages that you are seeking. Your lawyer will also file any relevant paperwork with the court. After the complaint is filed, your lawyer will work with the insurance company on your behalf. This can be a complex undertaking for the uninitiated, as insurance companies are not interested in paying out significant sums of money and will fight to protect their profits. A mistake could result in thousands of dollars, which is why it is important to have an experienced attorney on your side, who knows the procedure.