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How to File Injury Claims An injury claim involves the victim seeking compensation from an insurance company, such as the insurer of a negligent driver, property owner or professional. The key to an effective claim is to prove damages, which include costs or losses that result from the incident. Special damages can include medical expenses paid out of the pocket, future costs for procedures, and loss of earning potential. General or non-economic damages include pain and suffering, diminished relationship between a spouse, scarring, and other psychological and emotional harms. Statute of Limitations The statute of limitations is a procedural rule that limits the time that a person has to file a lawsuit. These laws are designed to safeguard defendants from being unfairly sued when claims have become outdated, evidence has been lost, witnesses have been forgotten or their memories of events have disappeared. Many people believe that statute of limitations are unfair to victims, however this isn't always the situation. In the majority of states, the statute of limitations is set at 2 years in cases of negligence or other actions that cause harm inadvertently. This allows injured parties time to investigate their injuries, and then consult and hire an attorney (if desired) before the deadline expires. In the case of medical malpractice or other intentional torts the statute of limitation may be different. Generally, intentional torts include crimes such as assault or false imprisonment, defamation and intentional infliction of emotional distress. In these cases, the statute of limitations might be 1 year for each crime. It is also important to remember that there are instances in which the statute of limitations may be suspended and allow injured people to bring a lawsuit at a later time. The most frequent instance of this is when a patient sustains an injury that requires ongoing treatment such as a condition such as cancer or stroke. In these cases the statute of limitations can be extended until treatment is complete. There are other situations when the statute of limitations might be paused, such as in cases of fraud or a 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 re-activated once the disability has been eliminated or after the date the injury could reasonably have been discovered. While it may be difficult to understand the intricacies of a statute of limitations, an New York personal injury lawyer can assist you in understanding your situation and initiate legal action within the prescribed timeframe. Moreover, understanding the statute of limitations is critical to your position when negotiating with the insurance company and other parties. Damages In most cases, victims are compensated for the financial loss they suffered as a result of an accident. They can also cover future medical expenses, both short-term as well as long-term. These are referred to as special damages. Other damages aren't easily quantifiable and are often referred to as general damages. These damages can include the following: pain and suffering, defamation and loss of consortium. Special damages are awarded to victims for specific expenses that can be easily documented and assigned a value in dollars, such as property damage repair or replacement, hospitalization, costs and lost wages. The amount that is recouped for these items is often determined by receipts or invoices, and expert opinions about their value. Non-economic losses can be subjective and difficult to quantify. They include emotional distress and inconvenience caused by an injury. It is important to hire an attorney who is knowledgeable and experienced in this particular area of law. The amount of compensation awarded for general damages can be very high and could significantly impact the quality of life of the victim. In arguing for general damages, your lawyer will usually seek evidence such as the impact of the injury or illness 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 finish your planned trip abroad or you were prevented from taking up a new job due to an injury or illness. General damages can also be awarded for loss of enjoyment from your life before, which could include emotional and physical pain. Defense attorneys and insurance companies frequently minimize or deny these types of damages, but an experienced attorney can protect your rights. If you've been injured in a vehicle accident or suffered an injury at work, or due to medical negligence, contact us today for a free consultation. Our attorneys on Long Island will handle all aspects of the claim, so you can concentrate on recovery. We'll collaborate with insurance companies to negotiate an equitable settlement and file the proper paperwork within the statute of limitations. Preparation It is crucial to remain involved with the process while your attorney prepares to submit your claim. During your treatment, must keep an eye on the medical professionals you visit as well as the out of pocket expenses incurred as well as the days you were unable to work due to your injuries. Keep a track of all damages to help your lawyer ensure that your Demand covers all losses that are eligible. Insurance adjusters will also use your medical records as well as other evidence to evaluate your claim. Keep in mind that adjusters work on behalf of their employers and are trying to decrease the amount you are paid for your injury. They will look for any evidence that suggests you are exaggerating your claims or not following your doctor's instructions. Your lawyer for injury can compile all of the evidence and present it to the insurance adjusters in a compelling way. The insurance company could settle your claim quickly and at a fair amount provided it is presented properly. Or, address here may be argued to trial. It is crucial to have an attorney prepare your case in a proper manner in order to make sure it is prepared for trial in the event of need. A trial lawyer has vast experience in personal injury cases, which includes the presentation of cases in front of jurors. They can present your case to trial with conviction that they know how to argue your case effectively and convincingly. Whether the defendant is a large insurance firm or individual, the quality of your lawyer's arguments will determine the outcome of your case. Making a Claim If an accident occurs and you are injured, you need to submit a claim to the responsible party. You can file an action against the person who injured or hit you in an accident. Sending a demand letter that contains details about the incident and injuries is one way to accomplish this. The letter will also detail the financial loss you have suffered, including medical expenses and lost wages. If there is evidence that someone else was negligent, careless or reckless the insurance company may be willing to compensate you for your damages. The amount you receive depends on the severity and extent your injuries. A broken arm, for instance, may not have the same impact on your life that an injury to the spine has. It is essential to get an entire medical examination and follow-up treatment. Your lawyer can assist you determine the right amount for your damages. They will go through your medical records, receipts and bills, and provide details on your income loss. They will also assess the suffering and pain you have suffered, which is based upon the severity of your injuries. Generally the calculation is done by multiplying your financial damages by a number between 2 and 5. You must notify the insurance company of the accident as soon as you are able. If you are involved in a motor vehicle collision and you are involved in a collision, you must notify the insurer of the other driver within 24 hours. In other situations you'll have to contact the insurer of your home, vehicle or business. In addition to notifying the insurance company, you should also inform the Workers' Compensation Board if your injury is related to work. This will require you to fill out Form C-3. Find an experienced lawyer as soon as you have experienced a serious incident. This will ensure that you don't miss any important deadlines or make a mistake when filing your claim. A good lawyer can be an asset when negotiating with insurance companies in order to receive the maximum amount of compensation. They can even be employed on a contingency basis, which means you pay no upfront and only pay if they prevail in your case.