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How to File Injury Claims A victim who files a claim for injury seeks compensation from the insurance company of a negligent driver, or property owner. A successful claim requires you prove damages, which are costs or losses resulting from the accident. Special damages include medical expenses that are paid out of pockets, future procedures costs and loss of earning potential. Non-economic or general damages include pain and suffering and a deterioration of your relationship with your spouse, scarring, and other emotional and psychological negative effects. Statute of Limitations The statute of limitation is a procedural rule that limits the time that a person has to bring a lawsuit. These laws were passed to safeguard plaintiffs from being unfairly sued when claims are dated or evidence has been lost or witnesses have lost their memory. Some people believe that the statute of limitations denies victims justice, this isn't necessarily the situation. In the majority of jurisdictions the statute of limitations is set at two years in cases of negligence or other acts that cause harm without intention. This is to give the injured parties enough time to investigate their injuries, speak with and retain legal counsel (if required) and to prepare an action before the deadline runs out. However in cases that involve medical malpractice, or other intentional torts, the statute of limitations could be different. In general, intentional torts are crimes such as assault, false imprisonment and defamation. In these situations, the statute of limitations might be 1 year for each offense. There are also certain situations in which the statute of limitations can be suspended. This allows injured persons to file lawsuits later. This is most common when a patient suffers from an injury that requires ongoing care like stroke or cancer. In these cases, the statute of limitations might be suspended until the treatment is completed. There are other instances where the statute of limitation may be suspended for instance, in the case of fraud, or when a victim is legally disabled for some period of time at the point that a cause of action arises. In these situations the statute of limitations will be reactivated after the disability has been removed or the date when the injury was deemed to be reasonably discovered. A New York personal injury attorney can assist you in understanding the statute of limitations and help you take legal action within the timeframe prescribed. Additionally, knowing the statute of limitations is essential to your position when negotiating with the insurance company as well as other parties. Damages In most instances, victims are compensated for the financial losses they have suffered due to an accident. They may also provide reimbursement for medical expenses in the future that are both long and short term. Special damages are what they are known as. Ann Arbor injury attorneys aren't easily quantifiable, and are referred to as general damages. These can include loss of consortium as well as pain and suffering, and defamation. Special damages compensate victims for specific expenses which can be easily documented, and a dollar amount set, such as hospitalization, medications, and lost wages. The amount of money recouped for these items are often based on invoices, receipts and expert opinions about their worth. Non-economic damages are more subjective and are difficult to quantify. These include emotional distress and inconvenience triggered by an injury. It is essential to employ an attorney who is experienced and knowledgeable in this area of law. The compensation for general damages can be substantial and can have a major impact on the victim’s quality of life. Your attorney may request evidence to prove general damages. This includes the impact the illness or injury has had on your daily activities, and also your plans for the future. This could be due to the possibility that you were unable to complete your planned international vacation or you were prevented from taking on a new position due to an illness or injury. General damages can also be awarded for any loss of enjoyment you experienced from your life before, which could include physical pain and emotional distress. Insurance companies and defense attorneys often do not recognize or value these kinds of damages, but an experienced lawyer can protect your rights. Contact us for a complimentary consultation if injured in an accident, at work, or because of medical negligence. Our lawyers in Long Island can handle all aspects of your claim while you focus on recovery. We'll collaborate with insurance companies to negotiate an equitable settlement and file the proper documents within the time frame of limitations. Preparation It is essential to stay involved with the process while your lawyer is preparing to file your claim. You'll need to keep a record of all medical professionals you visit, any out-of pocket expenses you incur and the number of days you missed work due to your injuries. Recording the damages you incur can assist your injury lawyer ensure that all eligible losses are included in your Demand. Insurance adjusters may also use your medical records and other documentation to evaluate your claim. Remember that adjusters work for their employers and are attempting to reduce the amount you are paid for your injury. They will be looking for evidence that you are exaggerating your claims or are not following your doctor's directions. Your lawyer for injury can compile all of the evidence and present it to insurance adjusters in a convincing manner. The insurance company may settle your claim quickly and for a fair amount provided it is presented properly. Or, the case may be argued to trial. It is important that your attorney prepares your case so that it is prepared for trial, if needed. A trial lawyer is experienced in personal injury cases and has the experience of present them to jurors. They can take your case before a jury with confidence, knowing they'll be able to present your case persuasively and effectively. No matter if the defendant is a large insurance business or a private person, the quality of your lawyer's argument can make or break your case. How to File a Claim When an accident occurs, you must file a claim with the party responsible. This could be the person who slammed you in a car accident, or it could be your employer in the event that you suffer an injury while at work. Sending a demand letter that includes details about the incident and injuries is one way to accomplish this. It also lists the financial losses, such as medical expenses and lost wages. If there is evidence to suggest that someone else was negligent, careless or reckless the insurance company may be willing to compensate you for your damages. The amount you will receive will depend on the severity and length of your injuries. For example, a broken arm might not have as significant an impact on your life as a spinal cord injury. It is essential to get an extensive medical examination and follow-up treatment. Your lawyer can assist you determine the appropriate value for your damages. They will review your medical records, your receipts and bills and provide information on your income loss. They will also evaluate the pain and suffering you've suffered, which is based upon the severity of your injuries. Typically it is calculated by multiplying the amount of your economic losses by a number between 2 and 5. Notify your insurance company as fast as you are able to. If you're involved in a motor vehicle accident, this means contacting the insurer of the other driver within 24 hours. In other instances, you may require contacting your insurance company for your home, car or business. In addition to notifying the insurance company, you also need to inform the Workers' Compensation Board if your injury is work-related. This will require you to fill out a form C-3. Consult an experienced injury lawyer right away following a serious incident. This will ensure that you do not miss any important deadlines or make a mistake when submitting your claim. A good lawyer can be an asset when working with insurance companies in order to receive the most compensation. You can engage them on a contingency basis that means you only pay if they win.