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How to File Injury Claims A victim who files an injury claim seeks compensation from the insurance company of a negligent driver, or the property owner. A successful claim requires you establish damages, which include expenses or losses resulting from the accident. Special damages can include out-of-pocket medical expenses, future costs for procedures and a loss of earning potential. General or non-economic damages include pain and suffering and a deterioration of your relationship with your spouse, scarring and other emotional and psychological negative effects. Statute of limitations The statute of limitation is a procedural rule that limits the time that a person has to file an action. The statute of limitations was enacted to protect defendants against being unfairly sued if claims are dated, evidence has been lost or witnesses have lost their memory. Some people believe that the statutes of limitations are unfair to victims, but this is not always the case. In most jurisdictions, the statute of limitations is set at 2 years in cases of negligence or other actions that cause harm without intention. This gives injured parties sufficient time to investigate their injuries, speak with and retain legal counsel (if requested), and prepare a claim before the deadline passes. However, in cases that involve medical malpractice or other intentional torts the statute of limitations might be different. In general, intentional torts are crimes like assault, false imprisonment, and defamation. In these cases, the statutes of limitation could be one year for each crime. There are also some situations in which the statute of limitations could be extended. This allows injured individuals to file their lawsuits later. This is usually the case when a patient suffers from an injury that requires ongoing treatment, such as stroke or cancer. In these cases, the statute of limitations could be extended until the treatment is complete. There are other circumstances when the statute of limitations might be paused for instance, in the case of fraud or the victim is legally disabled for some period of time at the point the cause of action is arising. In these instances the statute of limitations will typically be reinstated once the disability has been eliminated or at the time that the injury could have reasonably been discovered. A New York personal injury attorney can help you understand the statute of limitations and take legal action in the timeframe prescribed. Understanding the statute of limitation is essential when you're working with other parties as well as the insurance company of the responsible party. Damages Injury claims typically award victims compensation for financial loss caused by an accident. They may also pay for future medical expenses in the short and long term. Special damages are what they are referred to as. General damages are damages that are difficult to quantify and are not easily quantifiable. They could include loss of consortium or pain and suffering as well as defamation. Special damages are awarded to victims for specific expenses that can easily be documented and assigned a value in dollars for things like damage to property repair or replacement, hospitalization, costs and lost wages. The amount that is recouped for these items is often based on invoices or receipts, and expert opinions about their true value. Non-economic damages are more subjective and harder to quantify. They include any emotional distress and inconvenience caused by an injury. It is crucial to choose a personal lawyer who is skilled and experienced in this area of law. Compensation for general damages may be large and could have a significant impact on the quality of living. Your attorney will often request evidence to prove general damages. This will include the impact the illness or injury has affected you and your daily activities, and also your plans for the future. This could be due to the fact that you were unable to finish your planned trip abroad or you were unable to take on a new position due to an injury or illness. General damages can be awarded for any loss of enjoyment of your previous lifestyle, which includes emotional or physical discomfort. Insurance companies and defense attorneys often deny or undervalue these types of damages, however an experienced lawyer can protect your rights. Contact us for a free consultation if injured in an accident at work, in an accident, or because of medical negligence. Our lawyers in Long Island can handle all aspects of your claim while you focus on recovery. We'll collaborate with insurance companies to come up with a fair resolution and file the proper paperwork within the statute of limitations. Preparation It is crucial to remain involved with the process while your lawyer prepares to file 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 you were required to miss work as a result of your injuries. Keep a log of all damages so that your lawyer make sure that your Demand includes all eligible losses. Medical records and other documents are also used by the adjusters of insurance to assess your claim. It is important to remember that the adjusters are working on behalf of their employer and are looking for ways to decrease the amount you could receive for your injuries. They will be looking for evidence to prove you've exaggerated your claim or aren't following the advice of your doctor. Your injury lawyer can gather this information and present it in a convincing manner to the insurance adjusters. You Tube might settle your claim quickly and at a fair amount when it is properly presented. Alternatively, the case could be litigated to trial. It is important that your attorney prepares your case so that it is prepared for trial, if needed. A trial lawyer is knowledgeable in personal injury cases and has a track record of in presenting them to juries. They can take your case to a jury with confidence, knowing they'll be able to argue your case convincingly and effectively. Whether the defendant is a large insurance firm or individual, the quality of your lawyer's presentation can decide the outcome of your case. Making a Claim When an accident occurs and you are injured, you need to make a claim with the party responsible. This could be the person who slammed you in a car crash or your employer if you suffered an injury while at work. This can be accomplished by submitting a demand letter that includes details about the incident as well as your injuries. It also lists the financial losses, including medical expenses and lost wages. If you can prove that someone else was negligent, reckless or negligent, your insurance company may be willing to pay for damages. The amount you will receive will depend on the severity and extent of your injuries. For example, a broken arm may not have as much impact on your life as an injury to your spinal cord. This is why it's important to get full medical evaluations and follow-up treatment. Your lawyer can assist you determine a fair amount for your losses. They will go through your medical records, receipts and bills, and provide details on your loss of income. They will also consider the suffering and pain you've endured, which is based upon the severity of your injuries. The amount is usually calculated by multiplying the economic damages by a number between 2 and 5 Inform your insurance company as fast as you can. If you're 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 cases you may require contacting your insurance company for your car, home or business. In addition to notifying the insurance company, you also need to notify the Workers' Compensation Board if your injury is work-related. This will require you to fill out Form C-3. Find an experienced lawyer as soon as you have experienced an accident that has caused serious injury. This will help you to avoid missing important deadlines and making mistakes when you submit your claim. A good lawyer can be a valuable asset in negotiating with the insurance company to ensure the most compensation. They can even be employed on a contingency basis which means you pay no upfront, and only if they win your case.