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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 that you establish damages, which are the costs or losses resulting from the accident. Special damages can include out-of-pocket medical expenses, future procedures costs and the loss of earning potential. Non-economic or general damages include suffering and suffering and a deterioration of your relationship with your spouse, scarring and other psychological and emotionally damaging effects. Statute of limitations The statute of limitation is a procedural rule that limits how long an individual is required to file a lawsuit. The statute of limitations was enacted to protect the defendants from being unfairly sued when claims are dated or evidence has disappeared or witnesses have lost their memory. Some people believe that the statutes of limitations are unfair to victims, however this isn't always situation. In most states the statute of limitations is set at 2 years for cases involving negligence or other actions that cause harm without intention. This gives injured parties time to investigate their injuries and consult with and retain a lawyer (if they wish to) before the deadline runs out. In cases of medical negligence or other intentional torts the statute of limitation may be different. In general, intentional torts refer to crimes such as assault, false imprisonment, and defamation. In these instances, the statute of limitations could be one year for each offence. It is also worth noting that there are some situations where the statute of limitations might be suspended, allowing injured individuals to file a lawsuit at a later time. This is typically the case when a patient suffers an injury that requires ongoing treatment like cancer or a stroke. In these situations, the statute of limitation can be extended until treatment is completed. There are other instances where the statute of limitation might be paused for instance, in the case of fraud, or where a victim is legally disabled for some period of time at the point the cause of action arises. In these instances, the statute of limitations will typically be reinstated once the disability is removed or after the date that the injury could have reasonably been discovered. Although it can be difficult to comprehend the complexities of the statute of limitations, a New York personal injury lawyer can help you understand your situation and pursue legal action within the specified time frame. Additionally, knowing the statute of limitations is critical to your position when negotiating with the insurance company and other parties. Damages Injury claims typically award victims compensation for financial loss caused by an accident. They can also offer reimbursement for future medical costs that are both long and short term. These are referred to as special damages. Other damages are not so easily quantifiable, and are referred to as general damages. These damages could include defamation, pain and suffering and loss of consortium. Special damages are awarded to victims for certain expenses that can be easily documented, and a dollar amount set such as hospitalization, medication, and lost wages. The amount that is recovered for these items are usually determined by receipts, invoices and expert opinions regarding their value. Non-economic losses can be subjective and difficult to quantify. They include any emotional distress and inconvenience resulting from an injury. This is why it's important to have an attorney who is knowledgeable and experienced in the field of personal injury law. The amount of compensation for general damages can be very high and could have a significant impact on the quality of life for the victim. Your lawyer will usually ask for evidence to support general damages. This will include the impact the injury or illness affected you and your daily activities, and also your plans for the future. You may have been unable to take the trip you planned to abroad or to start an entirely new career due to an illness or injury. General damages can be awarded for physical pain, emotional distress and loss of enjoyment from your previous lifestyle. These kinds of damages are usually resisted or undervalued by insurance companies as well as defense lawyers, but an experienced lawyer can ensure your rights are secured. Contact us for a complimentary consultation if injured in an accident, at work, or because of medical negligence. Our lawyers in Long Island can handle all aspects of your claim while focusing on recovering. We'll work with insurance companies to reach an acceptable settlement and file the appropriate documents within the time frame of limitations. Preparation It is essential to stay involved in the process as your lawyer prepares to make your claim. During your treatment, you must keep track of the medical providers you visit as well as 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 record of the damages you incur can help your injury attorney ensure that all losses eligible are accounted for in your Demand. Insurance adjusters may also use your medical records and other documents to evaluate your claim. It is important to remember that the adjusters are working on behalf of their employers and are seeking ways to reduce the amount you may receive for your injuries. They will be looking for evidence to prove you have exaggerated your claim or are not following the doctor's advice. Your injury lawyer can compile this documentation and present it in a convincing manner to the insurance adjusters. If you can present your claim in a professional manner, the insurance company may settle it quickly and for an appropriate amount. The case may also be argued to trial. It is important to have your attorney prepare your case properly in order to make sure it is ready for trial if necessary. A trial lawyer has a lot of experience in personal injury cases, which includes the presentation of cases in front of a jury. Going Listed here can take your case to trial with conviction that they know how to argue your case effectively and convincingly. Whether the defendant is a large insurance company or an individual the quality of your lawyer's presentation will determine the outcome of your case. How to Claim a Claim? You have to make a claim against the person responsible for an accident. This may be the person who struck you in a car crash, or it could be your employer in the event that you suffer an injury while working. This can be done by submitting a demand letter which contains details regarding the incident and your injuries. The letter will also list your financial losses such as medical bills and lost wages. If there is evidence to suggest that someone else was careless, negligent or reckless the insurance company may agree to pay you for your damages. The amount you receive depends on the severity and extent of your injuries. For example, a broken arm may not have as much impact on your life as the spinal cord injury. It is important to receive an entire medical examination and follow-up care. Your lawyer can help you determine a fair value for your losses. They will assess your medical records, review your receipts and bills, and provide details about your loss of income. They will also evaluate the amount of pain and suffering you have suffered and based on the severity of your injuries. Generally the calculation is done by multiplying your economic damages by a number that is between 2 and 5. Inform your insurance company as quickly as you are able to. In the event of a motor vehicle collision you should contact the insurance company of the other driver within 24 hours. In other instances, you may need to contact your insurance company for your home, car or business. In addition to notifying the insurance company, you also need to notify the Workers' Compensation Board if your injury is a result of work. You'll have to fill out the form C-3. You should speak with an experienced injury lawyer immediately following a serious injury. This will assist you in avoid missing deadlines or making mistakes when submitting your claim. A good lawyer can be an asset in negotiations with the insurance company for the highest amount of compensation. They can even be hired on a contingent basis, which means you pay no upfront and only pay if they succeed in your case.