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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 the property owner. The most important aspect of an effective claim is to prove damages, which include costs or losses related to the accident. Special damages can include out-of-pocket medical expenses, future procedure costs and a loss of earning potential. General or non-economic damages include pain and suffering, diminished spousal relationship, scarring and other psychological and emotional damage. Statute of Limitations The statute of limitations is an administrative law that limits the period of time during which a person may pursue legal action. These laws are enacted to safeguard defendants from being unfairly sued after their claims have gotten old, evidence has been lost, witnesses have lapsed or their memories of events have been lost. Many people believe that statutes of limitations are unfair to victims, however this is not always the case. In most jurisdictions the statute of limitation is 2 years in cases which involve negligence or other acts that cause harm inadvertently. This is to give the injured parties enough time to study their injuries, speak with and retain legal counsel (if requested), and prepare an action 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 are crimes such as assault, false imprisonment, and defamation. In these instances, the statute of limitation may be one year for each offence. It is important to note that there are some situations where the statute of limitations could be extended and allow injured people to file a lawsuit at a later date. The most frequent scenario is when the patient suffers an injury that requires ongoing treatment for instance, a condition like cancer or stroke. In these situations, the statute of limitation may be suspended until the treatment is complete. Other situations may cause the statute of limitations to be paused. For example when a victim is legally disabled for a period of time, and a cause of actions is accrued. In these situations, the statute of limitations will usually be re-activated once the disability has been eliminated or after the date the injury could reasonably have been discovered. A New York personal injury attorney can help you understand the statute of limitations and help you take legal action in the time frame that is specified. Furthermore, knowing the statute of limitations is critical to your position when negotiating with the insurance company and other parties. Damages In most cases, victims receive compensation for the financial loss they suffered due to an accident. They can also offer reimbursement for future medical costs, both short and long term. These are known as special damages. General damages are those that are difficult to quantify and are not easily quantifiable. These can include loss of consortium or pain and suffering as well as defamation. Special damages pay for specific expenses that can easily be documented and assigned a value in dollars, such as damage to property, repair or replacement, hospitalization, medication costs and lost wages. The amounts recovered for these expenses are typically dependent on receipts, invoices and expert opinions about their true worth. You Tube -economic damages are more subjective and difficult to quantify. These include emotional distress and inconvenience caused by an injury. This is why it's crucial to have an attorney who is experienced and knowledgeable in the field of personal injury law. The amount of compensation for general damages can be very substantial and can be significant to the victim's quality of life. Your lawyer will usually ask for evidence to support general damages. This includes the impact the illness or injury has had on you and your daily activities, and also your plans for the future. You may have been unable to take your planned international trip or begin an entirely new career due to an injury or illness. 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 do not recognize or value these kinds of damages, but 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 attorneys on Long Island will handle all aspects of the claim, so you can concentrate on recovery. We'll collaborate with insurance companies to reach a fair resolution and file the appropriate documents within the time frame of limitations. Preparation It is crucial to remain engaged in the process as your lawyer prepares to make your claim. You'll need to keep a record of all the medical facilities you visit, the out of pocket expenses you incur, and the amount of time you missed work due to your injuries. Keep a track of all damages to help your attorney make sure that your Demand covers all eligible losses. Insurance adjusters also make use of your medical records and other documentation to assess your claim. Remember that adjusters work on behalf of their employers and are looking to reduce the amount you are paid for your injury. They will search for evidence that you are overstating your claims or are not following your doctor's directions. Your injury lawyer can collate all the evidence and present it to insurance adjusters in a compelling manner. The insurance company might settle your claim quickly and for a fair amount when it is properly presented. Alternatively, the case could be litigated to trial. It is important that your attorney prepares your case so that it is ready for trial if required. A trial lawyer is well-versed in personal injury cases and has the experience of present them to jurors. They can take your case to trial with the conviction that they are able to argue your case effectively and convincingly. No matter if the defendant is a large insurance company or an individual, the quality of your lawyer's presentation can decide the outcome of your case. How to Claim a Claim? When an accident occurs when you are involved in an accident, you must make a claim with the party responsible. You can make a claim against the party who hit or injured you in an accident. Sending a letter of demand with details of the incident and injuries is one method to do this. The letter will also list 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 may accept to compensate you for the damages. The amount you receive will depend on the severity and extent of your injuries. For instance, a fractured arm might not have as much impact on your life as an injury to your spinal cord. It is important to receive a full medical evaluation and follow-up care. Your lawyer can assist you determine a fair value for your losses. They will assess your medical records, look over your receipts and bills, and provide information regarding your loss of income. They will also evaluate the suffering and pain you've suffered, which is based upon the severity of your injuries. Generally it is calculated by multiplying your financial damages by a figure between 2 and 5. Inform your insurance company as quickly as you are able to. If you are involved in a motor vehicle collision you must notify the insurance company of the other driver within 24 hours. In other instances, you will have to contact the insurer of your home, vehicle or business. In addition to notifying the insurance company, you also need to notify the Workers' Compensation Board if your injury is related to work. You'll need to fill out the form C-3. Find an experienced lawyer as soon as you have experienced a serious incident. This will ensure that you do not be late or make any errors when filing your claim. A good lawyer can be invaluable in negotiating with insurance companies in order to receive the maximum amount of compensation. You can hire them on a contingency fee, which means you only pay them if they win.