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How to File Injury Claims A person who files a claim for injuries seeks compensation from the insurance company of a negligent driver, or the property owner. The key to success in a claim is the ability to prove damages, which are the cost or losses resulting from the incident. Special damages may include medical expenses paid out of the pocket, future costs for procedures and loss of earning potential. General or non-economic damages can include pain and suffering, diminished spousal relationship, scarring and other psychological and emotional damage. Statute of limitations The statute of limitations is a procedural law that limits the period of time during which a person can pursue legal action. The statute of limitations laws were enacted to protect defendants from being unfairly sued when claims have become stale, and evidence has been lost, witnesses have been forgotten or the events have disappeared. Some people believe that the statute of limitations are unfair to victims, but this isn't always case. In the majority of jurisdictions, the statute of limitation is 2 years in cases involving negligence, or other acts which cause harm inadvertently. This gives injured parties ample time to investigate their injuries, talk to and retain legal counsel (if required), and prepare claims before the deadline expires. However when it comes to cases involving medical malpractice 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 cases, the statute of limitation could be one year for each offence. There are also some instances where the statute of limitations can be suspended. This permits injured people to file lawsuits at a later date. This is most common when a patient has an injury that requires ongoing care such as stroke or cancer. In these instances the statute of limitations may be suspended until the treatment ends. There are other instances where the statute of limitations may be suspended for instance, in the case of fraud, or when the victim is legally disabled for some period of time at the point that a cause of action is arising. In these cases the statute of limitations will be reinstated after the disability has been removed or the date when the injury was discovered as reasonable. A New York personal injury attorney can help you understand the time limit and take legal action in the time frame specified. Understanding the statute of limitation is crucial when you're working with other parties as well as the insurance company of the responsible party. Damages In most cases, injury claims award victims compensation for financial losses incurred by an accident. They may also reimburse future medical expenses, both short-term as well as long-term. These are known as special damages. Other damages are not so easily quantifiable and are often referred to as general damages. These damages can include pain and suffering, defamation and loss of consortium. Special damages pay victims for specific expenses which can be easily documented, and a dollar amount allocated, such as hospitalization, medication, and lost wages. The amount that is recovered for these items are usually based on invoices, receipts and expert opinions regarding their worth. Non-economic damages are more subjective and are difficult to quantify. These include emotional distress and inconvenience caused by an injury. This is why it's crucial to choose an attorney for personal injuries who is skilled and knowledgeable in this area of personal injury law. The compensation for general damages can be large and will have a significant impact on the victim's standard of living. Your lawyer will usually ask for evidence to support general damages. This includes the impact the injury or illness affected you and your daily activities and also your plans for the future. It is possible that you were unable to take your planned international trip or begin an entirely new career due to an illness or injury. General damages can be awarded for any loss of enjoyment you experienced from your life before, which could include physical pain and emotional distress. Insurance companies and defense attorneys typically do not recognize or value these kinds of damages, but an experienced lawyer can protect your rights. If you've suffered injuries in a car accident, suffered an injury at work, or due to medical negligence, call us for a no-cost consultation. Our attorneys in Long Island can handle all aspects of your claim while you concentrate on regaining your health. We'll partner with insurance companies to achieve an acceptable settlement and file the necessary paperwork within the statutes of limitations. Preparation It's important that you stay involved with the process while your lawyer prepares to submit your claim. You will be required to keep a log of all the medical facilities that 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 help your injury attorney ensure that all losses eligible are accounted for in your Demand. Insurance adjusters will also use your medical records and other documentation to evaluate your claim. It is important to remember that adjusters are working on behalf of their employer and are seeking ways to decrease the amount you may receive for your injuries. They will be looking for evidence that you've exaggerated your claim or are not following the doctor's advice. Your lawyer for injury can compile all of this information and present it to the insurance adjusters in a compelling way. If you present your claim well the insurance company might settle the claim quickly and at a fair amount. Or, the case may be litigated to trial. It is crucial to have your attorney prepare your case properly, so that it is ready for trial should it be required. A trial lawyer is knowledgeable in personal injury cases and has the experience of present them to jurors. They can take your case to a jury confidently, knowing that they'll be able to argue your case convincingly and effectively. Whether the defendant is a large insurance business or a private person, the quality of your lawyer's argument can make or break your case. Making a Claim If you are injured in an accident, you must make a claim with the party responsible. This may be the person who slammed you in a car accident, or it could be your employer if you suffered an injury while working. Sending a demand letter with details of the incident and injuries is one method to accomplish this. It also lists the financial losses, including medical expenses and lost wages. If you can prove that someone else was reckless, negligent or careless your insurance company could accept to compensate for damages. The amount you receive is contingent on the severity and length of your injuries. For instance, a fractured arm might not have as significant an impact on your life as a spinal cord injury. This is why it is important to get full medical evaluations and follow-up treatment. Your lawyer can assist you determine the appropriate value for your damages. They will look over your medical records, receipts and bills and provide details about your income loss. Hartford injury attorneys will also consider the suffering and pain you have suffered, which is based upon the severity of your injuries. This is typically calculated by multiplying your economic damages by a number between 2 and 5 Contact your insurance company as quickly as you are able to. In the event of an accident involving a motor vehicle, you must contact the other driver's insurance company within 24 hours. In other situations, you might require contacting your insurance company for your car, home or business. In addition to notifying the insurance company, you also need to notify the Workers' Compensation Board if your injury is related to work. You'll need to fill out the Form C-3. You should speak with 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 a valuable asset in negotiating with the insurance company for the highest amount of compensation. They can even be employed on a contingency basis meaning you pay nothing upfront and only pay if they win your case.