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How to File Injury Claims A victim who files a claim for injuries seeks compensation from the insurance company of a negligent driver or the property owner. The most important aspect of an effective claim is to prove damages, which include costs or losses that result from the accident. Special damages can include medical expenses paid from the pocket, future costs for procedures and loss of earning potential. General or non-economic damages can include the suffering of a diminished spousal relationship, scarring and other psychological and emotional harms. Statute of limitations The statute of limitation is a procedural rule that limits how long an individual has to start a lawsuit. The statute of limitations laws were enacted to protect defendants from being unfairly sued after claims have become stale, and evidence has been lost, witnesses have lapsed or their memories of events have disappeared. While some people feel that the statute of limitations doesn't give victims justice, this is not necessarily the situation. In the majority of jurisdictions, the statute of limitations is two years in cases involving negligence, or other acts which cause harm unintentionally. This allows injured parties time to investigate their injuries and speak with and engage a lawyer (if desired) before the deadline runs out. However when it comes to cases that involve medical malpractice, or other intentional torts the statute of limitations may be different. Generally, intentional torts include crimes such as assault, false imprisonment, defamation and deliberate infliction of emotional distress. In these situations, the statute of limitations could be one year for each crime committed. There are also certain circumstances where the statute of limitations can be suspended. This allows injured individuals to file their lawsuits at a later date. This is usually the case when a patient has an injury that requires ongoing care like stroke or cancer. In these situations the statute of limitations may be suspended until the treatment is completed. There are other circumstances where the statute of limitations might be paused for instance, in the case of fraud, or where the victim is legally disabled for a period of time at the time that a cause of action is arising. In these instances, the statute of limitations will usually be re-activated once the disability is eliminated or after the date that the injury could have reasonably been discovered. A New York personal injury attorney can help you understand the statute of limitations and take legal action within the time frame that is specified. Understanding the statute of limitation 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 receive compensation for the financial losses they've suffered as a result of an accident. They can also be used to pay for future medical expenses, both in the short-term and long-term. These are known as special damages. Other damages aren't easily quantifiable, and are referred to as general damages. These can include loss of consortium, pain and suffering and defamation. Special damages compensate victims for specific expenses that can be easily documented and a dollar amount set for hospitalization, medical expenses, and lost wages. The amount that is recovered for these expenses are typically determined by receipts, invoices and expert opinion on their true worth. Non-economic losses can be subjective and difficult to quantify. They include emotional distress and inconvenience triggered by an injury. This is why it's crucial to find a personal injury lawyer that is experienced and knowledgeable in the field of personal injury law. The amount of compensation awarded for general damages could be very substantial and can be significant to the quality of life of the victim. In you are arguing for general damages your lawyer will typically require evidence, such as the impact of the illness or injury on your day to day activities, and the impact it has affected your plans for the future. This could be due to the circumstance that you were not able to complete your planned trip to the world or you were unable to take on a new position because of an injury or illness. General damages can be awarded to compensate for physical emotional pain, physical discomfort and loss of enjoyment in your previous lifestyle. These types of damages are usually resisted or undervalued by insurance companies as well as defense lawyers, however an experienced lawyer can make sure your rights are protected. Contact us for a free consultation if injured in an accident at work, in an accident, or because of medical negligence. Our attorneys in Long Island can handle all aspects of your claim while you concentrate on regaining your health. We'll collaborate with insurance companies to achieve an equitable settlement and file the required documents within the statute of limitations. Preparation While your injury attorney is in the process of filing your claim, it's crucial for you to stay engaged with the process. During your treatment, you will have to keep track of the medical providers you visit and the out-of-pocket expenses you incur and the number of days you were required to miss work as a result of your injuries. Keep a record of all damages to help your lawyer ensure that your demand includes all eligible losses. The medical records and other documentation will also be utilized by insurance adjusters to assess your claim. Remember that adjusters are working for their employers and are trying to reduce the amount you are paid for your injury. They will be looking for evidence that suggests you are exaggerating your claim or not following the advice of your doctor. Your lawyer for injury can prepare this documentation and present it in a convincing manner to the insurance adjusters. If you can present your claim in a professional manner, the insurance company may settle the claim quickly and in a reasonable amount. Alternatively, the case could be argued to trial. It is crucial to have an attorney prepare your case correctly in order to make sure it is prepared for trial in the event of need. A trial lawyer has extensive experience in personal injury cases, including the presentation of these cases before a jury. They are able to present your case before a juror with confidence, knowing they'll be able present your case persuasively and effectively. No matter if the defendant is a large insurance business or an individual the quality of your lawyer's argument will determine the outcome of your case. Making a Claim You must submit a claim to the person who caused an accident. It could be the person who slammed you in a car crash or your employer if you sustained an injury while at work. Sending Lawrence injury attorneys of request with details of the incident and injuries is one way to do this. It also lists your financial losses, including medical expenses and lost wages. If there's evidence that another person was negligent, careless or reckless the insurance company may agree to pay you for the damages. The amount of compensation you receive will depend on the severity and length of your injuries. A broken arm, for example will not have the same impact on your life as a spinal injury. This is why it is essential to undergo full medical evaluations and follow-up treatments. Your lawyer can help determine a fair value for your losses. They will look over your medical records, your receipts and bills and provide details on your income loss. They will also evaluate the amount of pain and suffering you've endured and based on the severity of your injuries. This is typically calculated by multiplying the economic damages by a number between 2 and 5 You must inform the insurance company of the accident as soon as you can. If you're involved in a motor vehicle collision that means you must contact the insurance company of the other driver within 24 hours. In other situations, you might 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 related to work. This will require you to fill out Form C-3. You should speak with an experienced attorney for injury immediately following a serious accident. This will ensure that you do not have any deadlines missed or make any mistakes in filing your claim. A good lawyer can be a valuable asset in negotiating with insurance companies to secure maximum compensation. You can hire them on a contingency fee that means you only pay if they win.