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How to File Injury Claims A person who files an injury claim seeks compensation from the insurance company of a negligent driver or property owner. A successful claim requires you prove damages, which are the expenses or losses that result from the accident. Special damages include out-of-pocket medical expenses, future procedure costs and a loss of earning potential. General or non-economic damage includes suffering and pain and a deterioration of your relationship with your spouse, scarring, and other emotional and psychological damaging effects. Statute of limitations The statute of limitations is a procedural law that limits the time period in which a person may pursue legal action. The statute of limitations was enacted in order to protect plaintiffs from being unfairly sued when claims have gotten old, evidence has been lost or witnesses have lost their memory. While some people feel that the statute of limitations doesn't give victims justice, this isn't necessarily the situation. In most states, the statute of limitations is set at 2 years for cases involving negligence or other acts that cause harm inadvertently. This allows injured parties time to investigate their injuries, and then consult and hire 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 include crimes such as assault, false imprisonment, and defamation. In these cases the statute of limitation might be 1 year for each crime. There are other instances where the statute of limitations can be suspended. This allows injured persons to file their lawsuits at a later time. This is most common when a patient suffers from an injury that requires ongoing treatment, such as cancer or a stroke. In these cases, the statute of limitation can be extended until treatment is complete. There are other circumstances when the statute of limitations might be paused in cases of fraud, or where a victim is legally disabled for some period of time at the time that a cause of action is arising. In these situations, the statute of limitations is likely to be reactivated after the disability is eliminated or at the time that the injury could reasonably have been discovered. While it may be daunting to comprehend the complexities of the statute of limitations, a New York personal injury lawyer can help you understand your situation and initiate legal action within the prescribed time frame. Furthermore, knowing the statute of limitations is essential to your legal position when you negotiate with the responsible party's insurance company and other parties. Damages Injury claims typically award victims compensation for financial losses incurred by an accident. They may also reimburse future medical expenses, both short-term and long-term. These are known as special damages. General damages are damages that are difficult to quantify and are not easily quantifiable. These can include loss of consortium, pain and suffering and defamation. Special damages pay for specific expenses that can easily be documented and assigned a dollar value, such as damage to property, repair or replacement, hospitalization, medication costs and lost wages. The amount that is recovered for these expenses are typically dependent on receipts, invoices and expert opinion on their value. Racine injury lawyer You Tube -economic damages can be subjective and difficult to quantify. They encompass any emotional stress and inconvenience caused by an injury. It is essential to employ a personal lawyer who is knowledgeable and experienced in this area of law. The amount of compensation for general damages can be very high and could have a significant impact on the quality of life for the victim. Your attorney may request evidence to prove general damages. This includes the impact the illness or injury has had on your daily activities as well as your plans for the future. This could be due to the fact that you were unable to complete your planned trip to the world or you were prevented from taking on a new job due to illness or injury. General damages can be awarded for physical discomfort, emotional distress and loss of enjoyment in your previous lifestyle. Insurance companies and defense attorneys typically minimize or deny these types of damages, but an experienced lawyer can defend your rights. If you've suffered injuries in a car accident, suffered an injury at work, or as the result of medical negligence, call us today 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 collaborate with insurance companies to achieve an acceptable settlement and file the required documents within the timeframes of limitations. Preparation It's important that you stay involved with the process while your lawyer is preparing to file 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 costs incurred, along with the number of days you had to miss work because of your injuries. Keep a track of all damages to help your lawyer ensure that your Demand covers all losses that are eligible. The medical records and other documentation will also be used by the insurance adjusters to evaluate your claim. Keep in mind that adjusters work on behalf of their employers and are looking 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 instructions. Your injury lawyer can collate all this documentation and present it to the insurance adjusters in a compelling way. The insurance company may settle your claim quickly and for an amount that is fair if it is presented well. Or, the case may be argued to trial. It is important to have your attorney prepare your case in a proper manner, so that it is ready for trial if necessary. A trial lawyer is well-versed in personal injury cases and has a track record of in presenting them to juries. They are able to present your case before a jury with confidence, knowing they'll be able argue your case convincingly and effectively. If the defendant is a large insurance firm or an individual the quality of your lawyer's presentation can make or break your case. How to File a Claim When an accident occurs, you must make a claim with the party responsible. This could be the person who hit you in a car crash, or it could be your employer in the event that you suffer an injury while working. Sending a demand letter with details of the incident and injuries is one way to accomplish this. It also lists the financial losses, such as medical expenses and lost wages. If you can prove that someone else was negligent, reckless, or careless the insurance company may accept to compensate for damages. The amount of compensation you receive will depend on the severity and extent of your injuries. A broken arm, for instance will not have the same impact on your life as an injury to the spine has. This is why it is important to get full medical evaluations and follow-up treatments. Your lawyer can help you determine the right amount for your damages. They will go through your medical records, your bills and receipts and provide details on the loss of income. They will also determine your pain and suffering, which is determined by the extent of your injuries. Typically it is calculated by multiplying your financial damages by a figure between 2 and 5. You must notify the insurance company of your accident as soon as you are able. In the event of an accident involving a motor vehicle you should contact the insurance company of the other driver within 24 hours. In other cases you may require contacting your insurance company for your home, car or business. In addition to notifying the insurance company, you must notify the Workers' Compensation Board if your injury is a result of work. You will need to fill out the form C-3. You should speak with an experienced injury attorney immediately following a serious accident. This will ensure that you do not have any deadlines missed or make a mistake when submitting your claim. A competent lawyer can be an asset when working with insurance companies to secure the maximum amount of compensation. You can engage them on a contingency basis, which means you only pay if they win.