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How to File Injury Claims A claim for injury involves a victim seeking compensation from an insurance company, for instance the insurer of the negligent driver, property owner or professional. The most important aspect of a successful claim is proving damages, which are the cost or losses resulting from the incident. Special damages 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 spousal relationship, scarring and other emotional and psychological damage. Statute of limitations The statute of limitations is a procedural law that limits the amount of time in which a person may file a legal action. The statute of limitations was enacted in order to protect defendants against being unfairly sued if claims have become old, evidence has been lost or witnesses have lost their memory. Some people believe that the statute of limitations does not give victims justice, this is not necessarily 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 is to give injured parties ample time to examine their injuries, talk to and retain legal counsel (if required) and then prepare an action before the deadline runs out. However, in cases that involve medical malpractice, or other intentional torts the statute of limitations might be different. In general, intentional torts include crimes such as assault, false imprisonment and defamation. In these instances, the statute of limitation could be one year for each offence. It is also worth noting that there are some situations in which the statute of limitations could be extended, allowing injured individuals to pursue a lawsuit at a later date. This is usually the case when a patient has an injury that requires ongoing care, such as stroke or cancer. In these instances, the statute of limitation can be extended until treatment is complete. Other circumstances could cause the statute of limitations to be suspended. For example, if a victim is legally disabled for a specific period of time when a cause of actions is accrued. In these situations, the statute of limitations will typically be reinstated once the disability is removed or at the time that the injury could reasonably have been discovered. A New York personal injury attorney can assist you in understanding the time limit and take legal action in the timeframe prescribed. Understanding the statute of limitations is crucial when you are in negotiations with other parties or the insurance company of the responsible party. Damages In the majority of instances, victims are compensated for the financial losses they've suffered as a result of an accident. They may also provide reimbursement for future medical expenses that are both long and short term. These are known as special damages. General damages are damages that are difficult to quantify and aren't easily quantifiable. These damages could include defamation, pain and suffering and loss of consortium. Special damages are awarded to victims for specific expenses that can be easily recorded and assigned a value in dollars for damage to property repair or replacement, hospitalization, medication costs and lost wages. The amount that is recovered for these items are usually based on invoices, receipts and expert opinions about their true value. Non-economic damages are more subjective and difficult to quantify. They are any emotional distress and inconvenience caused by an injury. This is the reason it's essential to find an attorney who is experienced and knowledgeable in this area of personal injury law. The amount of compensation for general damages can be very high and could be significant to the victim's quality of life. When seeking general damages, your lawyer will usually look for evidence that demonstrates the effects of the injury or illness on your day to day activities and the effect it has had on your future plans. You may have been unable to travel on the trip you planned to abroad or start a new career because of an illness or injury. General damages can be awarded for physical emotional pain, physical discomfort and loss of enjoyment from your previous life. These types of damages are typically ignored or undervalued by insurance companies and defense lawyers, however an experienced lawyer can make sure your rights are secured. If you've suffered injuries in a car accident, suffered an injury at work, or due to medical negligence, contact us for a free consultation. Our attorneys on Long Island will handle all aspects of the claim so you can focus on your recovery. We'll work with insurance companies to come up with a fair resolution and file the appropriate documents within the time frame of limitations. Preparation It is crucial to remain involved in the process as your lawyer prepares to file your claim. You will be required to keep a log of all the medical providers that you visit, the out of pocket expenses you incur and the number of days that you were off work because of your injuries. Keep a record of all damages so that your lawyer ensure that your Demand includes all eligible losses. The medical records and other documents are also used by the insurance adjusters to assess your claim. It is crucial to remember that the adjusters work on behalf of their employers and are looking for ways to decrease the amount you could receive for your injuries. They will be looking for evidence that you have exaggerated your claim or aren't following the doctor's instructions. Your lawyer for injury can compile this documentation and present it in a convincing way to the insurance adjusters. If you can present your claim in a professional manner the insurance company could settle the claim quickly and in a reasonable amount. Or, the case may be brought to trial. It is important to ensure that your lawyer prepares your case properly, so that it is prepared for trial in the event of need. A trial lawyer is experienced in personal injury cases and has the experience of presenting them to a jury. They can present your case to trial with confidence that they know how to argue your case effectively and persuasively. No matter if the defendant is a large insurance firm or an individual, the quality of your lawyer's arguments can make or break your case. How to File a Claim If you are injured in an accident, you must submit a claim to the person responsible. This could be the person who hit you in a car crash, or it could be your employer if you sustained an injury while working. Sending a letter of demand that contains details about the incident and injuries is one way to accomplish this. The letter should also include your financial losses such as medical expenses and lost wages. If there's evidence that another person was negligent, careless, or reckless, the insurance company might agree to pay you for the damages. The amount you receive will depend on the severity and length of your injuries. For instance, a broken arm might not have as significant an impact on your life as an injury to your spinal cord. It is essential to get a full medical evaluation and follow-up care. Your lawyer can help you determine the proper value for your damages. They will review your medical records, bills and receipts and provide information on your income loss. Costa Mesa injury lawsuit will also evaluate your pain and suffering which is determined by the extent of your injuries. This is usually calculated by multiplying the economic damages by between 2 and 5. You must notify the insurance company of the accident as soon as you can. If you are involved in a motor vehicle collision, you must contact the other driver's insurance company within 24 hours. In other cases you'll need to contact the company that covers your home, automobile 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 a form C-3. You should consult with an experienced injury lawyer immediately after a serious accident. This will ensure that you don't be late or make any mistakes in filing your claim. A good lawyer can be an asset in negotiations with the insurance company for maximum compensation. Lawyers can be hired on a contingency basis, meaning you pay nothing upfront, and only if they succeed in your case.