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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 property owner. A successful claim requires that you prove damages, which include costs or losses resulting from the accident. Special damages can include out-of-pocket medical expenses, future procedures costs and the 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 psychological and emotionally damaging effects. Statute of limitations The statute of limitation is a procedural rule that restricts how long an individual is required to bring a lawsuit. These laws were passed to protect plaintiffs from being unfairly sued when claims have become old, evidence has been lost or witnesses have lost their memory. Although some feel that the statute of limitations denies victims justice, this is not necessarily the situation. In the majority of jurisdictions, the statute of limitations is set at 2 years for cases involving negligence or other actions that cause harm inadvertently. This gives injured parties time to examine their injuries, and then consult and hire an attorney (if they wish to) before the deadline expires. In cases of medical malpractice 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 cases, the statute of limitations could be one year for each offense. There are also certain circumstances where the statute of limitations could be extended. This permits injured people to file lawsuits at a later date. This is usually the case when a patient suffers an injury that requires ongoing treatment such as cancer or a stroke. In these instances, the statute of limitations may be suspended until the treatment is completed. There are other situations where the statute of limitations might be paused for instance, in the case of fraud or a victim is legally disabled for some period of time prior to the date that a cause of action arises. In these cases the statute of limitations will usually be reactivated after the disability has been eliminated or at the time that the injury could reasonably have been discovered. A New York personal injury attorney can help you understand the time limit and take legal action in the timeframe prescribed. Furthermore, knowing the statute of limitations is crucial to your position when negotiating with the responsible party's insurance company as well as other parties. Damages In most cases, injury claims award victims compensation for financial loss caused by an accident. They may also pay for medical expenses in the future that are both long and short term. These are referred to as special damages. Other damages are not so easily quantifiable, and are referred to as general damages. These damages can include defamation, pain and suffering and loss of consortium. Special damages are awarded to victims for specific expenses which can be easily documented and a dollar amount allocated such as hospitalization, medication, and lost wages. The amounts recovered for these items are often determined by receipts, invoices and expert opinion on their actual value. Non-economic damages are more subjective and difficult to quantify. They are any emotional distress and inconvenience suffered due to an injury. Bend injury lawsuit is the reason it's essential to have an attorney for personal injuries who is experienced and knowledgeable in this area of personal injury law. The amount of compensation awarded for general damages can be extremely high and can have a significant impact on the quality of life for the victim. Your attorney may require evidence to prove general damages. This could include the effect the injury or illness had on your daily activities and also your future plans. You may have been unable to take your trip abroad or start a new career because of an illness or injury. General damages can also be awarded for loss of enjoyment from your life before, which could include emotional or physical discomfort. Insurance companies and defense attorneys typically deny or undervalue these types of damages, but an experienced lawyer can defend your rights. If you've been injured in a vehicle accident or suffered an injury at work or as the result of medical negligence, please contact us for a no-cost consultation. Our attorneys in Long Island can handle all aspects of your claim while focusing 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's important that you stay involved in the process as your lawyer is preparing to file your claim. You will be required to keep a log of all medical professionals you visit, the out of the pocket expenses you incur as well as the number of days you missed work due to your injuries. Recording these damages can assist your injury lawyer ensure that all eligible losses are accounted for in your Demand. The medical records and other documentation will also be used by the insurance adjusters to assess your claim. Keep in mind that adjusters work for their employers and are trying to reduce the amount you receive for your injury. They will look for any evidence that you are overstating your claims or are not following your doctor's instructions. Your injury lawyer can prepare this documentation and present it in a convincing fashion to the insurance adjusters. If you present your claim well the insurance company might settle it quickly and in a reasonable amount. Or, the case may be litigated to trial. It is crucial to have an attorney prepare your case correctly, so that it is prepared for trial in the event of need. 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 a jury with confidence, knowing that they'll be able to argue your case convincingly and effectively. Whether the defendant is a large insurance company or a private person, the quality of your lawyer's presentation can decide the outcome of your case. How to Claim a Claim? If an accident occurs and you are injured, you need to submit a claim to 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 contains details about the incident and injuries is one method to do this. The letter will also detail the financial loss you have suffered, including medical expenses and lost wages. If there is evidence to suggest that another person was careless, negligent or reckless, the insurance company might accept to compensate you for your losses. The amount you are awarded will depend on the severity and length of your injuries. For example, a broken arm may not have as much impact on your life as the spinal cord injury. This is why it is crucial to receive all medical evaluations and follow-up treatments. Your lawyer can help you determine the proper value for your damages. They will look over your medical records, receipts and bills and provide details about the loss of income. They will also assess the amount of pain and suffering you've endured in relation to the severity of your injuries. Typically the calculation is done by multiplying the amount of your economic losses by a figure between 2 and 5. Notify your insurance company as fast as you can. In the event of an automobile accident you must notify the other driver's insurance company within 24 hours. In other situations, you might have to contact your insurance company for your home, car or business. In addition to notifying the insurance company, you should also notify the Workers' Compensation Board if your injury is work-related. This requires you to fill out Form C-3. It is recommended that you consult an experienced attorney for injury immediately following a serious accident. This will help you to avoid missing deadlines or making mistakes when you submit your claim. An experienced lawyer can be an asset when negotiations with the insurance company to secure the highest amount of compensation. You can engage them on a contingency basis that means you only pay if they win.