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How to File Injury Claims A person who files a claim for injury seeks compensation from the insurance company of a negligent driver or property owner. A successful claim requires you establish damages, which are costs or losses resulting from the accident. Special damages may include out-of pocket medical expenses, future procedure costs and the loss of earning potential. General or non-economic damages include the suffering of a diminished relationship between a spouse, scarring, and other psychological and emotional harms. Statute of Limitations The statute of limitation is an administrative rule that regulates the time a person has to start a lawsuit. The statute of limitations laws were enacted to safeguard defendants from being unfairly sued after claims have become stale, and evidence has been lost, witnesses have lapsed, or memories of the events have disappeared. Some people believe that the statute of limitations are unfair to victims, however this isn't always the situation. In most jurisdictions the statute of limitations is 2 years in cases which involve negligence or other acts that cause harm inadvertently. This gives injured parties sufficient time to investigate their injuries, speak with and retain legal counsel (if desired), and prepare an action before the deadline passes. However when it comes to cases that involve medical malpractice, or other intentional torts, the statute of limitations may be different. In general, intentional torts are crimes like assault, false imprisonment, and defamation. In these cases, the statute of limitation could be one year for each crime. It is also worth noting that there are instances in which the statute of limitations could be extended, allowing injured individuals to pursue lawsuits at a later date. This is usually the case when a patient has an injury that requires ongoing care such as cancer or a stroke. In these instances the statute of limitations may be suspended until the treatment is complete. There are other instances where the statute of limitations might be paused, such as in cases of fraud or the victim is legally disabled for a period of time at the time that a cause of action is arising. In these cases, the statute of limitations will usually be re-activated once the disability is eliminated or at the time that the injury could reasonably have been discovered. While it may be daunting to understand the intricacies of the statute of limitations, a New York personal injury lawyer can assist you in understanding your situation and initiate legal action within the specified time frame. Moreover, understanding the statute of limitations is essential to your legal position when you negotiate with the responsible party's insurance company and other parties. Damages In most cases, injury claims award victims compensation for financial loss caused by an accident. They may also reimburse future medical expenses, both in the short-term and long-term. Special damages are what they are known as. Other damages are not so easily quantifiable and are referred to as general damages. They can include loss of consortium, pain and suffering and defamation. You Tube are awarded to victims for specific expenses that can easily be recorded and assigned a value in dollars for property damage, repair or replacement, hospitalization, medication costs and lost wages. The amount recouped for these items is often determined by receipts or invoices and expert opinions on their value. Non-economic damages are subjective and difficult to quantify. They are any emotional distress and inconvenience suffered due to an injury. This is the reason it's essential to choose a personal injury lawyer that is knowledgeable and experienced in this area of personal injury law. The compensation for general damages can be high and have a major impact on the victim's standard of life. When arguing for general damages, your lawyer will usually require evidence, such as the impact of the illness or injury on your day to day activities and the impact it has affected your plans for the future. This could be due to the fact that you were unable to complete your planned trip to the world or you were unable to take on a new job due to injury or illness. General damages can also be awarded for loss of enjoyment you experienced from your previous lifestyle, which includes physical pain and emotional distress. Insurance companies and defense attorneys often deny or undervalue these types of damages, however an experienced lawyer can defend your rights. Contact us for a free consultation if injured in an accident at work, in an accident, or because of medical negligence. Our attorneys in Long Island can handle all aspects of your claim while you concentrate on recovery. We'll partner with insurance companies to negotiate a fair settlement and file the required paperwork within the statutes of limitations. Preparation It is crucial to remain engaged in the process as your lawyer prepares to submit your claim. During your treatment, you must keep track of the medical providers you visit and the out-of-pocket expenses incurred as well as the number of days that you were unable to work due to your injuries. Keep a log of all damages to help your lawyer make sure that your Demand includes all losses that are eligible. The medical records and other documents will also be used by the insurance adjusters to evaluate your claim. It is important to keep in mind that adjusters are working for their employer and are seeking ways to decrease the amount you could receive for your injuries. They will look for any evidence that suggests you are exaggerating your claim or not following the advice of your doctor. Your lawyer for injuries can compile this documentation and present it in a convincing fashion to the insurance adjusters. If you present your claim well the insurance company could settle it quickly and at a fair amount. Or, the case may be argued to trial. It is important that your lawyer prepares your case so that it is ready for trial, if needed. A trial lawyer is knowledgeable in personal injury cases and has the experience of in presenting them to juries. They can take your case to trial with conviction that they are able to present your case effectively and persuasively. If the defendant is a large insurance company or a private person the quality of your lawyer's presentation will determine the outcome of your case. Making a Claim If an accident occurs and you are injured, you need to file a claim with the party responsible. This may be the person who struck you in a car crash, or it could be your employer if you suffered an injury while at work. This can be accomplished by sending a demand note, which includes information regarding the incident and your injuries. The letter will also detail your financial losses, such as medical bills and lost wages. If there is evidence that someone else was careless, negligent or reckless, the insurance company might agree to pay you for your losses. The amount of compensation you receive will depend on the severity and length of your injuries. A broken arm, for example might not have the same impact on your life as an injury to your spine can. It is essential to get an extensive medical examination and follow-up treatment. Your lawyer can help determine the proper value for your damages. They will examine your medical records, examine your receipts and bills and provide details about your loss of income. They will also evaluate the pain and suffering you've endured and based on the severity of your injuries. This is typically calculated by multiplying your economic damages by 2 and 5 You must notify the insurance company of your accident as quickly as possible. If you are involved in a motor vehicle accident and you are involved in a collision, you must notify the other driver's insurer within 24 hours. In other situations you'll be required to contact the insurance company that insures your vehicle, home or business. If your injury is related to your job, you'll also need to inform the Workers' Compensation Board. This requires you to fill out Form C-3. You should speak with an experienced injury attorney immediately after a serious accident. This will assist you in avoid missing important deadlines and making mistakes when submitting your claim. A skilled lawyer can be an asset in negotiating with insurance companies in order to receive maximum compensation. Lawyers can be hired on a contingency basis, meaning that you pay nothing upfront and only pay if they succeed in your case.