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How to File Injury Claims An injury claim involves the victim seeking compensation from an insurance company, like the insurer of a negligent driver, property owner or professional. The most important aspect of success in a claim is the ability to prove damages, which include costs or losses that result from the incident. Special damages include out-of-pocket medical expenses, future costs for procedures and a loss of earning potential. General or non-economic damages include suffering and pain as well as a break-up with your spouse, scarring and other psychological and emotionally damaging consequences. Statute of Limitations The statute of limitation is an administrative rule that regulates the time a person has to bring an action. The statute of limitations was enacted to protect plaintiffs from being unfairly sued when claims have become old or evidence has disappeared or witnesses have lost their memory. Many people believe that statute of limitations are unfair to victims, however this isn't always the situation. In most jurisdictions the statute of limitations is 2 years in cases involving negligence, or other actions that cause harm without intention. This is to give the injured parties enough time to study their injuries, talk to and retain legal counsel (if desired) and to prepare a claim before the deadline expires. In the event of medical negligence or other intentional torts, the statute of limitations could be different. In general, intentional torts comprise violations such as assault and false imprisonment, defamation and the intentional infliction or infliction of emotional distress. In these cases the statute of limitation might be 1 year for each offense. There are also certain circumstances where the statute of limitations can be extended. This permits injured people to file lawsuits at a later date. This is usually the case when a patient suffers from an injury that requires ongoing treatment such as cancer or a stroke. In these cases the statute of limitations might be extended until the treatment is complete. Other circumstances can trigger the statute of limitations to be paused. For example, if a victim has been legally disabled for a period of time, and a cause of actions is accrued. In these situations, the statute of limitations is likely to be re-activated once the disability has been eliminated or after the date the injury could have reasonably been discovered. While it may be daunting to understand the intricacies of the statute of limitations, a New York personal injury lawyer can help you understand your situation and pursue legal action within the stipulated timeframe. Additionally, knowing the statute of limitations is crucial to your legal position when you negotiate with the responsible party's insurance company as well as other parties. Damages In most cases, victims receive compensation for the financial loss they suffered as a result of an accident. They can also offer reimbursement for future medical costs in the short and long term. Special damages are what these are called. General damages are those that are difficult to quantify and aren't easily quantifiable. These damages could include pain and suffering, defamation and loss of consortium. Special damages compensate a victim for specific expenses that are easily documented and assigned a dollar amount for property damage 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 on their true value. Non-economic damages are more subjective and harder to quantify. They are any emotional distress and inconvenience caused by an injury. This is why it's crucial to find an attorney who is experienced and knowledgeable in this area of personal injury law. The compensation for general damages can be substantial and can could have a significant impact on the quality of life. In arguing for general damages, your attorney will often seek evidence such as the effects of the injury or illness on your day to day activities, and the impact it has had on your future plans. You Tube might not be able to travel on the trip you planned to abroad or start your new job due to an illness or injury. General damages can be awarded to compensate for physical pain, emotional distress and loss of enjoyment from your previous lifestyle. Defense attorneys and insurance companies typically minimize or deny these types of damages, but an experienced lawyer can defend your rights. Contact us for a no-obligation 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 concentrate on regaining your health. We'll collaborate with insurance companies to come up with an acceptable settlement and file the proper paperwork within the statute of limitations. Preparation While your injury attorney is working on filing your claim, it's crucial for you to stay engaged in the process. You'll 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 missed work because of your injuries. Keep a track of all damages so that your lawyer ensure that your Demand covers all losses that are eligible. Insurance adjusters also make use of your medical records as well as other evidence to assess your claim. It is important to remember that adjusters are working on behalf of their employers and are looking for ways to reduce the amount you could receive for your injuries. They will search for evidence that suggests you are exaggerating your claims or not following your doctor's instructions. Your injury attorney can collate all this documentation and present it to the insurance adjusters in a compelling way. The insurance company might settle your claim quickly and at an amount that is fair provided it is presented properly. Alternatively, the case could be brought to trial. It is important to have your attorney prepare your case correctly in order to make sure it is ready for trial if necessary. A trial lawyer is knowledgeable in personal injury cases and has a track record of in presenting them to juries. They can present your case to trial with conviction that they are able to present your case effectively and persuasively. The quality of your lawyer’s presentation can make or ruin your case, no matter if the defendant is an insurance company or a private individual. Making a Claim When an accident occurs and you are injured, you need to submit a claim to the party responsible. It could be the person who slammed you in a car crash, or it could be your employer if you suffered an injury while at work. This can be accomplished by sending a demand letter which contains details about the incident and your injuries. It also lists the financial losses, like medical expenses 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 losses. The amount you receive will depend on the severity and extent of your injuries. For instance, a fractured arm might not have as significant an impact on your life as a spinal cord injury. This is why it's essential to undergo full medical examinations and follow-up treatments. Your lawyer can help you determine the proper value for your damages. They will examine your medical records, look over your bills and receipts, and provide information about your loss of income. They will also consider the amount of pain and suffering you've suffered and based on the severity of your injuries. The amount is usually calculated by multiplying the economic damages by between 2 and 5 You must notify the insurance company of your accident as soon as you can. If you are involved in a motor vehicle collision you should contact the other driver's insurance company within 24 hours. In other cases, you will have to contact the insurer of your home, vehicle or business. If your injury is connected to your job, you will be required to notify the Workers' Compensation Board. You'll have to fill out the form C-3. Consult an experienced injury lawyer as soon as you have experienced an incident that is serious. This will help you to avoid missing deadlines or making mistakes when submitting your claim. A competent lawyer can be a valuable asset in negotiating with insurance companies in order to receive maximum compensation. They can even be hired on a contingent basis, meaning you pay nothing upfront and only if they succeed in your case.