What Is a Personal Injury Claim?
A personal injury claim is a formal assertion of your right to compensation. This compensation will usually be awarded by a judge or jury following a trial.
Economic damages are a way to cover actual costs like medical bills and lost wages. Non-economic damages include compensation for emotional distress and pain.
Damages
If someone is injured as a result due to the negligence of another business or individual, they have a right to be compensated. Damages are awarded based on the accident circumstances and can be decided by a court after an investigation, or by the parties after the settlement negotiations. The following are the most common types of personal injury damages:
Economic damages are the actual expenses or financial losses as a result of an accident. These can be proven by receipts, invoices and other documentation. Economic damages may be a result of future expenses, such as medical costs as well as loss of earning capacity, and ongoing care.
Noneconomic or hedonic damages are the psychological and emotional consequences of an injury or accident. These damages are harder to assess than expenses or financial losses. There is no set formula to determine the value of these damages, and insurance companies typically employ a multiplier, or per diem determined by the severity of the victim's injury.
Accidental injuries can stop you from engaging in regular activities such as exercising, enjoying hobbies, or even maintaining relationships with friends and family. In this situation, you may be entitled to "loss-of-enjoyment" damages to compensate for the loss.
Finality emotional distress damages pay you for the mental apprehension and fear you've endured because of your injuries. The award of these damages could be a major component of your compensation package.
Punitive damages don't pay for the losses you've suffered, but rather punishes the person responsible for their blatant or indecent conduct. These are typically awarded only in cases involving serious injury or wrongful death.
If you or someone close to you was injured in an accident, it's important to contact a New York City personal injury attorney immediately to start gathering evidence to support your claim for damages. 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.
Statute of limitations
Personal injury claims must be filed within the statutes of limitations. This is a time limit after an accident within which claims can be brought. This protects the person at fault and insurance companies who pay on these claims. This also gives the victim a chance to recover the compensation they are entitled to.
However, auto accident injury of limitations differs by state and case type. An experienced attorney can guide clients on the statute of limitations applicable to their case and any exemptions.
In some cases the discovery rule could extend a statute past its normal limitation of three years. This is because the clock doesn't start to tick on a claim until the injured party realizes or should reasonably be aware that there's an association between their injuries and the incident that caused it. This is especially true for toxic exposure injuries, such as asbestos. It can be relevant to medical malpractice or pharmaceutical injury claims.
Some states even allow for an extension in situations where the victim was minor at the time of the incident. They aren't able to file a suit until they are adults and it is hard to comprehend the fact that their injuries were caused by someone else when they're younger.
Another potential issue is that an injury might affect a person's ability to earn money in the future, and this could be considered part of the damages, particularly if they are prevented from working. In these cases the person who was injured is entitled to receive a reimbursement from their employer for the wages they would have earned if they had not been unable to work due to an injury.
It is important that injured parties seek legal advice as soon as they can following an accident. They should consult with an experienced personal injury lawyer to determine the time-limit for their case, and to discuss any possible exceptions.
Insurance coverage
Insurance coverage is a broad term used to describe agreements or policies that protect against loss, liability, and damage. This could include auto, health, boatowners and personal watercraft insurance in addition to property and liability coverage. It can also include life insurance trusts, annuities and policies. Insurance companies can be associated with or operate independently of financial service providers and may use a variety of business models to provide their products.
Liability insurance shields you from the costs of bodily injury and death that you cause when driving your car. It also covers the cost of property damage to another vehicle or property (such as a fence, utility pole or building). Personal injury protection or PIP insurance covers medical expenses for passengers and you who are injured in a collision that is not your fault. This insurance can also cover lost income and compensation for pain and suffering.
Damages for the loss of enjoyment can compensate you for the negative effect that an accident has had on your daily life for example, if you have missed the activities you used to enjoy. Compensation for suffering and pain is designed to restore your health by addressing your physical discomfort and emotional distress.
Property damage can be used to pay for the repair or replace damaged items, or recover their fair market value. Damages to property are typically valued at replacement costs, which is the amount you would be required to pay to replace the item with another similar quality and type without incorporating depreciation. A personal injury settlement can include compensation for funeral expenses should they be required.
Representation
Personal injury claims are civil lawsuits that award monetary compensation for individuals who have suffered harm as a consequence of the negligence or wrongful behavior of another. This includes claims arising out of injuries sustained at work, car accidents or medical malpractice. An attorney for personal injuries can help you evaluate the case and determine what compensation you are entitled to. Attorneys generally charge a contingency fee, which means they only get paid when they win your case. This arrangement permits injured plaintiffs to pursue their cases without the risk of losing money if they fail to succeed in their lawsuit.
You may be awarded general damages in addition to financial compensation you receive for the economic losses. These damages are not quantifiable in the same manner that special damages are, however they do contain lesser tangible costs such as pain and suffering as well as loss or consortium emotional distress, and defamation.
The amount of these damages is determined by the severity of your injuries and how they have changed your life. A competent lawyer will be able to demonstrate the extent of your injuries and the impact they have had on you in order to maximize your compensation.
Your attorney will speak with witnesses and gather evidence to prove your case. They will go through medical records in order to establish the extent of your injuries and the long-term consequences. They can also give you information on how accepting a settlement might affect your taxes.
Your lawyer will draft a complaint once they have all the information needed to prove your case. This legal document will present your legal arguments for what the defendant's responsibility is for the accident, and will include the amount of damages you are seeking. Your attorney will file all the necessary paperwork with the court.
Once the complaint has been filed, your attorney will then 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 sums of money and will fight to protect their profits. One mistake can result in thousands of dollars, which is why it is crucial to have a seasoned attorney to your side who knows the procedure.