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How to File Injury Claims An injury claim involves a victim seeking compensation from an insurance company, such as the insurer 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 medical expenses paid from the pocket, future costs for procedures, and loss of earning potential. General or non-economic damages can include pain and suffering, diminished relationship between spouses, scarring and other emotional and psychological damage. Statute of Limitations The statute of limitation is a procedural rule that limits the time a person must start a lawsuit. These laws were enacted to safeguard defendants against being unfairly sued when claims are dated or evidence has disappeared or witnesses have lost their memory. Some people believe that statutes of limitations are unfair to victims, however this is not always the situation. In most jurisdictions, the statute of limitations is set at 2 years for cases involving negligence or other actions that cause harm inadvertently. This is to give injured parties ample time to examine their injuries, consult with and retain legal counsel (if requested) and then prepare a claim before the deadline passes. In the event of medical negligence or other intentional torts, the statute of limitations may be different. In general, intentional torts refer to crimes like assault, false imprisonment and defamation. In these cases the statute of limitations could be one year for each crime. It is important to note that there are certain situations where the statute of limitations may be suspended, allowing injured individuals to pursue lawsuits at a later date. The most common instance of this is when patients suffer from an injury that requires ongoing treatment, like an illness such as a stroke, or cancer. In these cases, the statute of limitations might be suspended until the treatment ends. There are other instances when the statute of limitations could be suspended in cases of fraud or a victim is legally disabled for some period of time at the time that a cause of action accrues. In read article of limitations is reactivated once the disability has been removed or when the injury was reasonably discovered. While it may be daunting to comprehend the complexities of the statute of limitations, a New York personal injury lawyer can help you understand your situation and initiate legal action within the prescribed timeframe. Furthermore, knowing the statute of limitations is critical to your legal position when you negotiate with the insurance company and other parties. Damages In most cases, victims receive compensation for the financial losses they've suffered due to an accident. They can also cover future medical expenses, both short-term and long-term. Special damages are what they are known as. Other damages aren't easily quantifiable and are often referred to as general damages. These damages can include defamation, pain and suffering and loss of consortium. Special damages are awarded to victims for specific expenses that can easily be documented and assigned a dollar value for things like property damage repair or replacement, hospitalization, medication costs and lost wages. The amount recovered for these expenses is typically dependent on receipts or invoices, and expert opinions about their value. Non-economic damages are more subjective and difficult to quantify. These include emotional distress and inconvenience caused by an injury. This is why it's important to find an attorney for personal injuries who is knowledgeable and experienced in the field of personal injury law. Compensation for general damages may be large and could have a significant impact on the quality of life. Your attorney will often request evidence to prove general damages. This will include the impact the injury or illness affected you and your daily activities and also your future plans. You might not be able to travel on your planned international trip or to start a new career because of an injury or illness. General damages can be awarded for any loss of enjoyment of your previous lifestyle, which includes emotional and physical pain. Defense attorneys and insurance companies often minimize or deny these types of damages, however an experienced lawyer can defend your rights. Contact us for a complimentary consultation if you have been 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 recovering. We'll collaborate with insurance companies to come up with an equitable settlement and file the appropriate documents within the time frame of limitations. Preparation As your attorney for injuries is in the process of filing your claim, it's vital to remain engaged in the process. You'll have to keep a list of all the medical providers you visit, any out-of pocket expenses you incur, and the amount of time you missed work due to your injuries. Keep a record of these expenses will help your lawyer ensure that all eligible losses are included in your Demand. Insurance adjusters may also use your medical records and other documents to evaluate your claim. Remember that adjusters work on behalf of their employers and are attempting to decrease the amount you receive for your injury. They will be looking for evidence to prove you've overstated your claim or aren't following the doctor's instructions. Your lawyer for injury can collate all of this documentation and present it to insurance adjusters in a compelling manner. The insurance company could settle your claim quickly and at reasonable amount if it is presented well. The case may also be brought to trial. It is important that your lawyer prepares your case so that it is ready for trial if required. A trial lawyer has a lot of experience in personal injury cases, including the presentation of cases in front of a jury. They are able to present your case before a jury with confidence, knowing they will be able to present your case persuasively and effectively. The quality of your lawyer’s presentation can either ruin or enhance your case, regardless of whether the defendant is an insurance company or an individual. Filing a Claim If you are injured in an accident, you must make a claim with the responsible party. This may be the person who hit you in a car crash or your employer if you sustained an injury while working. This can be done by submitting a demand letter that includes details about the incident and your injuries. It also lists your financial losses, such as medical expenses and lost wages. If there is evidence that another person was negligent, careless or reckless the insurance company could agree to pay you for the damages. The amount you are awarded will depend on the severity and length of your injuries. For instance, a broken arm might 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 damages. They will review your medical records, bills and receipts and provide details on the loss of income. They will also determine your pain and suffering which is based on the extent of your injuries. Generally the calculation is done by multiplying your financial damages by a number that is between 2 and 5. You must inform the insurance company of your accident as quickly as possible. If you are involved in a motor vehicle crash that means you must contact the other driver's insurer within 24 hours. In other cases you'll have to contact the insurer of your vehicle, home or business. In addition to notifying the insurance company, you should also notify the Workers' Compensation Board if your injury is related to work. This requires you to fill out Form C-3. You should consult with an experienced injury lawyer immediately after a serious accident. This will allow you to avoid missing important deadlines and making mistakes when submitting your claim. A competent lawyer can be an asset when working with insurance companies to secure the most compensation. You can hire them on a contingency fee which means that you only pay if they succeed.