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How to File Injury Claims A victim who files a claim for injuries seeks compensation from the insurance company of a negligent driver or property owner. The most important aspect of a successful claim is proving damages, which are costs or losses related to the accident. Special damages may include medical expenses paid from the pocket, future costs for procedures, and loss of earning potential. Non-economic or general damages include pain and suffering as well as a break-up with your spouse, scarring, and other emotional and psychological negative consequences. Statute of Limitations The statute of limitations is a procedural law that limits the time period in which an individual may file a legal action. These laws are designed to protect defendants from being unfairly sued after their claims have gotten old, evidence has been lost, witnesses have lapsed or the events have disappeared. Some people believe that the statutes of limitations are unfair to victims, but this isn't always case. In the majority of jurisdictions, the statute of limitation is two years in cases which involve negligence or other acts which cause harm without intention. This gives injured parties ample time to investigate their injuries, speak with and retain legal counsel (if required) and to prepare claims before the deadline expires. In the case of medical negligence or other intentional torts the statute of limitation may be different. In general, intentional torts encompass violations like assault and false imprisonment, defamation, and intentional infliction of emotional distress. In these cases the statute of limitations could be one year for each crime committed. It is important to note that there are some situations in which the statute of limitations may be suspended, allowing injured individuals to pursue lawsuits at a later time. The most typical instance of this is when a patient sustains an injury that requires ongoing treatment such as a condition like a stroke, or cancer. In these instances, the statute of limitation can be extended until treatment is complete. Other circumstances can trigger the statute of limitations to be paused. For example when a victim is legally disabled for a specific period of time during which an action is accrued. In these cases the statute of limitations will be reactivated after the disability has been eliminated or the date when the injury was reasonably discovered. A New York personal injury attorney can assist you in understanding the time limit and take legal action in the time frame specified. Understanding the statute of limitations is essential when negotiating with other parties and the insurance company of the responsible party. Damages In most cases, victims are compensated for the financial loss they suffered due to an accident. They can also be used to pay for future medical expenses, both in the short-term and long-term. Special damages are what they are referred to as. General damages are those that are difficult to quantify and aren't easily quantifiable. These damages may include pain and suffering, defamation and loss of consortium. Special damages pay victims for specific expenses which can be easily documented and a dollar amount assigned for hospitalization, medications, and lost wages. The amount that is recouped for these items is often dependent on receipts or invoices and expert opinions on their value. Non-economic damages are more subjective and difficult to quantify. They include emotional distress and inconvenience caused by an injury. This is why it's important to have a personal injury lawyer that is knowledgeable and experienced in this area of personal injury law. The amount of compensation for general damages can be extremely high and can have a significant impact on the victim's quality of life. Your lawyer will usually request evidence to prove general damages. This includes the impact the injury or illness has affected you and your daily activities as well as your future plans. It is possible that you were unable to travel on the trip you planned to abroad or begin a new career because of an injury or illness. General damages can be awarded to compensate for physical discomfort, emotional distress and loss of enjoyment from your previous life. These kinds of damages are often denied or undervalued by insurance companies and defense lawyers, but an knowledgeable lawyer can ensure your rights are protected. If you've suffered injuries in a car accident, suffered an injury at work or as the result of medical negligence, please contact us for a no-cost consultation. Our attorneys in Long Island can handle all aspects of your claim while you concentrate on recovery. We'll partner with insurance companies in order to reach a fair settlement and file all the necessary documents within the timeframes of limitations. Preparation As your attorney for injuries is preparing to file your claim, it's vital for you to remain involved with the process. During your treatment, will have to keep records of the medical practitioners you visit, as well as the out-of-pocket costs incurred, as well as the days you had to miss work as a result of your injuries. Recording these damages will help your lawyer ensure that all eligible losses are accounted for in your Demand. Insurance adjusters will also use your medical records as well as other evidence to evaluate your claim. It is important to remember that adjusters are working on behalf of their employer and are looking for ways to reduce the amount you might receive for your injuries. They will be looking for evidence that you have exaggerated your claim or are not following the doctor's instructions. Your injury attorney can collate all the evidence and present it to insurance adjusters in a convincing way. If you are able to present your claim properly the insurance company might settle the claim quickly and in a reasonable amount. Alternatively, the case could be argued to trial. It is essential that your lawyer prepares your case so that it is ready for trial if required. A trial lawyer has extensive experience in personal injury cases, including the presentation of cases in front of a jury. They can take your case to trial with the conviction that they are able to argue your case effectively and persuasively. The quality of your lawyer’s presentation can make or ruin your case, regardless of whether the defendant is an insurance company or private individual. How to File a Claim When an accident occurs and you are injured, you need to file a claim with the responsible party. It could be the person who slammed you in a car crash, or it could be your employer if you sustained an injury while at work. This can be done by submitting a demand letter, which includes information about the incident and your injuries. The letter will also list the financial loss you have suffered, including medical bills and lost wages. If there is evidence to suggest that someone else was negligent, careless, or reckless, the insurance company might accept to compensate you for the damages. YouTube of compensation you receive will depend on the severity and extent of your injuries. A broken arm, for example will not have the same impact on your life that a spinal injury. It is important to receive an entire medical examination and follow-up care. Your lawyer can assist you determine a fair amount for your damages. They will assess your medical records, look over your receipts and bills and provide information regarding your loss of income. They will also assess the amount of pain and suffering you have suffered and based on the severity of your injuries. The amount is usually calculated by multiplying the economic damages by a number between 2 and 5. Notify your insurance company as quickly as you are able to. If you are involved in a motor vehicle collision, you must contact the insurance company of the other driver within 24 hours. In other situations you'll have to contact the company that covers your home, automobile or business. If your injury is connected to your job, you'll also need to notify the Workers' Compensation Board. You'll have to fill out a Form C-3. You should consult with an experienced injury lawyer immediately after a serious accident. This will help you to avoid missing important deadlines and making mistakes when submitting your claim. An experienced lawyer can be an asset when negotiations with the insurance company to ensure maximum compensation. Lawyers can be hired on a contingency basis meaning that you pay nothing upfront and only pay if they win your case.