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How to File Injury Claims An injury claim is the victim seeking compensation from an insurance company, like the insurer of the negligent driver or property owner. A successful claim requires you prove damages, which include expenses or losses resulting from the accident. Special damages may include out-of pocket medical expenses, future costs for procedures and the loss of earning potential. General or non-economic damages can include pain and suffering, diminished relationship between spouses, scarring and other emotional and psychological damage. Statute of Limitations The statute of limitation is an administrative rule that regulates how long an individual has to start an action. These laws were passed in order to protect defendants against being unfairly sued when claims are dated or evidence has been lost or witnesses have forgotten. Many people believe that statute of limitations are unfair to victims, however this is not always the situation. In most jurisdictions the statute of limitation is two years in cases which involve negligence or other acts that cause harm unintentionally. This gives injured parties enough time to examine their injuries and consult with and engage an attorney (if desired) before the deadline expires. In cases of medical negligence or other intentional torts the statute of limitations could be different. In general, intentional torts refer to crimes like assault, false imprisonment and defamation. In these situations, the statute of limitations could be one year for each crime. It is also important to remember that there are some situations in which the statute of limitations may be suspended, allowing injured individuals to pursue a lawsuit at a later date. The most common scenario is when patients suffer from an injury that requires ongoing treatment, for instance, a condition such as cancer or stroke. In these instances, the statute of limitations may be extended until the treatment is complete. There are other instances when the statute of limitations may be suspended for instance, in the case of fraud or the victim is legally disabled for a period of time at the point the cause of action arises. In these cases, the statute of limitations is likely to be reactivated after the disability is removed or after the date that the injury could reasonably have been discovered. A New York personal injury attorney can help you understand the statute of limitations and take legal action within the time frame specified. Furthermore, knowing the statute of limitations is critical to your position when negotiating with the insurance company and other parties. Damages Injury claims typically award victims compensation for financial losses caused by an accident. They can also be used to pay for future medical expenses, both short-term and long-term. Special damages are what these are referred to as. General damages are damages that are difficult to quantify and aren't easily quantifiable. They can include loss of consortium, pain and suffering and defamation. Special damages pay victims for specific expenses that can be easily documented, and a dollar amount allocated for hospitalization, medication and lost wages. The amount recovered for these items is usually determined by receipts or invoices as well as expert opinions regarding their true value. Non-economic damages are more subjective and difficult to quantify. They can be characterized as emotional distress and inconvenience caused by an injury. This is why it's crucial to choose an attorney who is skilled 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 quality of life of the victim. Your attorney will often require evidence to prove general damages. This could include the effect the injury or illness 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 up a new job due to injury or illness. General damages can be awarded for any loss of enjoyment of your life before, which could include emotional or physical discomfort. These types of damages are often denied or undervalued by insurance companies as well as defense lawyers, however an experienced lawyer can ensure your rights are secured. If you've been injured in a car accident or suffered an injury at work or as the result of medical negligence, please contact us for a free consultation. Our lawyers on Long Island will handle all aspects of your claim so that you can focus on your recovery. We'll work closely with insurance companies in order to reach an acceptable settlement and file all the necessary documents 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 will have to keep an eye on the medical professionals you visit as well as the out of pocket expenses incurred and the number of days that you had to miss work due to your injuries. Keep a record of these damages can help your injury attorney ensure that all losses eligible are included in your Demand. Medical records and other documentation are also utilized by adjusters of insurance to assess your claim. It is important to remember that the adjusters are working on behalf of their employer and are seeking ways to decrease the amount you could receive for your injuries. They will search for evidence that suggests you are exaggerating your claims or are not following the advice of your doctor. Your injury lawyer can collate all of this information and present it to the insurance adjusters in a compelling way. The insurance company could settle your claim quickly and for a fair amount provided it is presented properly. The case may also be litigated until a trial. It is crucial to ensure that your lawyer prepares your case correctly to ensure that it is prepared for trial in the event of need. A trial lawyer is knowledgeable 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 present your case effectively and persuasively. If the defendant is a large insurance company or a private person the quality of your lawyer's presentation can make or break your case. How to Claim a Claim? You have to submit a claim to the person who caused an accident. You can file an action against the person who caused injury or harm to you in an accident. This can be done by submitting a demand letter which contains details about the incident and your injuries. It also lists the financial losses, such as medical expenses and lost wages. If there's evidence that someone else was negligent, careless, or reckless the insurance company may agree to pay you for your losses. The amount you receive is contingent on the severity and extent your injuries. A broken arm, for example will not have the same impact on your life as an injury to the spine has. It is essential to get a full medical evaluation and follow-up care. Your lawyer can help 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 evaluate the suffering and pain you've suffered and based on the severity of your injuries. The amount is usually determined by multiplying the economic damages by a number between 2 and 5 You must inform the insurance company of your accident as quickly as you are able. If you're involved in a motor vehicle accident and you are involved in a collision, you must notify the other driver's insurer within 24 hours. In other instances you'll need to contact the insurer of your home, vehicle or business. If your injury is related to your job, you'll also have to inform the Workers' Compensation Board. You will need to fill out the form C-3. You should consult with an experienced injury lawyer immediately following a serious injury. This will assist you in avoid missing important deadlines and making mistakes when you submit your claim. youtube.com can be an asset in negotiating with the insurance company to ensure the highest amount of compensation. They can even be hired on a contingency basis meaning you pay nothing upfront and only if they prevail in your case.