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How to File Injury Claims A victim who files an injury claim seeks compensation from the insurance company of a negligent driver or the property owner. A successful claim requires that you prove damages, which are costs or losses resulting from the accident. Special damages may include out-of pocket medical expenses, future procedures costs and the loss of earning potential. General or non-economic damages include pain and suffering as well as a break-up with your spouse, scarring, and other psychological and emotionally negative consequences. Statute of limitations The statute of limitations is a procedural rule that restricts the time a person must start an action. These laws were enacted to safeguard plaintiffs from being unfairly sued when claims have become old, evidence has been lost or witnesses have forgotten. While some people feel that the statute of limitations denies victims justice, this is not necessarily the case. In the majority of jurisdictions, the statute of limitation is two years in cases involving negligence, or other actions that cause harm without intention. This gives injured parties time to examine their injuries and consult with and hire an attorney (if desired) before the deadline expires. However, in cases involving medical malpractice or other intentional torts, the statute of limitations could be different. Generally, intentional torts include crimes like assault and false imprisonment, defamation and the intentional infliction or infliction of emotional distress. In these cases the statute of limitations could be one year for each crime. It is also important to remember that there are instances in which the statute of limitations might be suspended, allowing injured individuals to file an action at a later date. This is usually the case when a patient suffers an injury that requires ongoing care such as cancer or a stroke. In these situations, the statute of limitation may be suspended until treatment is complete. Other circumstances could cause the statute of limitations to be suspended. For example, if a victim has been legally disabled for a period of time during which an action is accrued. In these cases, the statute of limitations will typically be reactivated after the disability has been eliminated or at the time that the injury could have reasonably been discovered. While YouTube may be daunting to comprehend the complexities of a statute of limitations, an New York personal injury lawyer can help you understand your situation and initiate legal action within the stipulated time frame. Understanding the statute of limitations is essential when you're in negotiations with other parties or the insurance company of the responsible party. Damages In the majority of cases, victims are compensated for the financial losses they have suffered as a result of an accident. They can also offer reimbursement for medical expenses in the future, both short and long term. These are referred to as special damages. General damages are damages that are difficult to quantify and aren't easily quantifiable. These damages can include the following: pain and suffering, defamation and loss of consortium. Special damages pay for specific expenses that are easily recorded and assigned a value in dollars, such as damage to property repair or replacement, hospitalization, medical costs and lost wages. The amount recovered for these items is usually determined by receipts or invoices and expert opinions on their true value. Non-economic damages are more subjective and harder to quantify. They include emotional distress and inconvenience triggered by an injury. It is important to hire an attorney who is skilled and experienced in this field of law. The amount of compensation awarded for general damages can be very substantial and can significantly impact the quality of life of the victim. Your attorney will often request evidence to prove general damages. This includes the impact the injury or illness has affected you and your daily activities, and also your future plans. It is possible that you were unable to take your planned international trip or begin a new career because of an illness or injury. General damages can also be awarded for any loss of enjoyment of your past lifestyle, including emotional and physical pain. These types of damages are typically ignored or undervalued by insurance companies as well as defense lawyers, however an experienced lawyer can make sure your rights are secured. If you've been injured in a car accident or suffered an injury at work, or due to medical negligence, please contact us today 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 collaborate with insurance companies to come up with a fair resolution and file the proper paperwork within the statute of limitations. Preparation It's important that you stay engaged in the process as your attorney prepares to make your claim. While you are receiving treatment, you must keep records of the medical practitioners you visit as well as the out of pocket expenses you incur along with the number of days you were required to miss work as a result of your injuries. Keep a log of all damages so that your lawyer make sure that your Demand covers all eligible losses. The medical records and other documentation will also be used by the adjusters of insurance to assess your claim. Remember that adjusters are working on behalf of their employers and are attempting to reduce the amount you receive for your injury. They will be looking for evidence to prove you've exaggerated your claim or aren't following the doctor's instructions. Your injury lawyer can collate all this information and present it to the insurance adjusters in a convincing way. The insurance company might settle your claim quickly and at a fair amount if it is presented well. The case can also be litigated until the time of trial. It is crucial to have your attorney prepare your case properly in order to make sure it is ready for trial if necessary. A trial lawyer is experienced in personal injury cases and has a track record of in presenting them to juries. They can present your case to a jury with confidence, knowing they will be able to argue your case convincingly and effectively. No matter if the defendant is a large insurance firm or individual the quality of your lawyer's presentation can decide the outcome of your case. Making a Claim When an accident occurs, you must submit a claim to the party responsible. You can file a claim against the person who hit or injured you in an accident. Sending a letter of demand that contains details about the incident and injuries is a way to accomplish this. It also lists the financial losses, including medical expenses and lost wages. If there is evidence to suggest that someone else was careless, negligent or reckless, the insurance company might agree to pay you for your losses. The amount of compensation you receive is contingent on the severity and length of your injuries. A broken arm, for instance might not have the same impact on your life as an injury to your spine can. It is important to receive a full medical evaluation and follow-up care. Your lawyer can assist you determine the right amount for your damages. They will review your medical records, examine your receipts and bills, and provide information regarding your loss of income. They will also determine the extent of your suffering and pain, which is based on the severity of your injuries. Generally, this is calculated by multiplying the amount of your economic losses by a figure between 2 and 5. Contact your insurance company as quickly as you can. In the event of a motor vehicle collision you must notify the other driver's insurance company within 24 hours. In other situations you'll be required to contact the insurance insurer of your home, vehicle or business. If the injury you suffer is related to your job, you'll be required to inform the Workers' Compensation Board. This will require you to fill out Form C-3. Consult an experienced injury lawyer as soon as you have experienced an incident that is serious. This will allow you to avoid missing deadlines or making mistakes when submitting your claim. A good lawyer can be an asset in negotiating with the insurance company to secure maximum compensation. You can engage them on a contingency fee, which means you only pay them if they win.