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How to File Injury Claims An injury claim is a victim seeking compensation from an insurance company, for instance the insurer of an unintentionally negligent driver or property owner. The most important aspect of a successful claim is proving damages, which include costs or losses that result from the accident. Special damages include out-of-pocket medical expenses, future procedures costs and a loss of earning potential. General or non-economic damage includes pain and suffering, a diminished relationship with your spouse, scarring, and other psychological and emotionally damaging consequences. Statute of Limitations The statute of limitation is an administrative rule that regulates the time that a person has to bring a lawsuit. The statute of limitations was enacted to protect defendants against being unfairly sued if claims have gotten old or evidence has disappeared or witnesses have lost their memory. Some people believe that the statutes of limitations are unfair to victims, however this is not always the situation. In the majority of jurisdictions, the statute of limitations is 2 years in cases involving negligence, or other acts that cause harm without intention. This is to give the injured parties enough time to investigate their injuries, talk to and retain legal counsel (if required) and to prepare an action before the deadline passes. However, in cases that involve medical malpractice, or other intentional torts, the statute of limitations might be different. In general, intentional torts comprise offenses like assault and false imprisonment, defamation, and the intentional infliction or infliction of emotional distress. In these situations the statute of limitation might be 1 year for each offense. It is also important to remember that there are some situations where the statute of limitations could be extended, allowing injured individuals to pursue a lawsuit at a later time. This is usually the case 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 in cases of fraud, or when a victim is legally disabled for some period of time prior to the date that a cause of action accrues. In these cases the statute of limitations is likely to be reactivated after the disability is removed or after the date the injury could reasonably have been discovered. A New York personal injury attorney can assist you in understanding the statute of limitations and take legal action within the time frame specified. Understanding the statute of limitations is essential when you are 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 loss caused by an accident. They may also provide reimbursement for future medical expenses, both short and long term. These are referred to as special damages. General damages are those that are difficult to quantify and are not easily quantifiable. These damages could include pain and suffering, defamation and loss of consortium. Special damages compensate a victim for specific expenses that can be easily documented and assigned a dollar amount for things like damage to property repair or replacement, hospitalization, medical costs and lost wages. The amounts recovered for these items are usually based on invoices, receipts and expert opinions regarding their true worth. Non-economic damages are subjective and difficult to quantify. They can be characterized as emotional distress and inconvenience triggered by an injury. This is why it's important to have an attorney who is knowledgeable and experienced in this area of personal injury law. The amount of compensation for general damages could be very substantial 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 illness or injury has had on you and your daily activities, as well as your plans for the future. You may have been unable to take your planned international trip or begin a new career because of an illness or injury. General damages can be awarded for physical discomfort, emotional distress and loss of enjoyment in your previous life. Defense attorneys and insurance companies frequently do not recognize or value these kinds of damages, however an experienced lawyer can protect your rights. If you've been injured in a vehicle accident or suffered an injury at work or due to medical negligence, contact us today for a free consultation. Our lawyers in Long Island can handle all aspects of your claim while you focus on recovery. We'll work with insurance companies to reach an equitable settlement and file the proper paperwork within the statute of limitations. Preparation While your injury attorney is working on filing your claim, it's important for you to stay engaged with the process. You will have to keep a list of all the medical facilities you visit, the out of pocket expenses you incur and the amount of time you missed work because of your injuries. Keep a record of all damages so that your attorney make sure that your Demand includes all eligible losses. The medical records and other documents will also be used by the insurance adjusters to assess your claim. It is crucial to remember that adjusters are working on behalf of their employer and are looking for ways to reduce the amount you might receive for your injuries. They will be looking for evidence to prove 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 insurance adjusters in a convincing manner. The insurance company may settle your claim quickly and for a fair amount if it is presented well. Or, the case may be brought to trial. It is essential that your lawyer prepares your case in order that it is ready for trial, if needed. A trial lawyer has extensive experience in personal injury cases, including the presentation of these cases before jurors. They can present your case before a jury with confidence, knowing they'll be able to present your case persuasively and effectively. The quality of your lawyer's presentation can either ruin or enhance your case, regardless of whether the defendant is an insurance company or private individual. How to Claim a Claim? If you are injured in an accident when you are involved in an accident, you must submit a claim to the responsible party. This could be the person who hit you in a car accident, or it could be your employer in the event that you suffer an injury while working. Sending a letter of demand that includes details about the incident and injuries is a way to do this. The letter will also list your financial losses such as medical bills and lost wages. If you can prove that someone else was reckless, negligent or negligent, your insurance company may accept to compensate for damages. The amount you receive will depend on the severity and extent of your injuries. A broken arm, for example, may not have the same impact on your daily life as an injury to your spine can. It is important to receive an entire medical examination and follow-up care. Your lawyer can help you determine a fair value for your damages. They will look over your medical records, your receipts and bills, and provide details about the loss of income. They will also determine the extent of your suffering and pain, which is based on the extent of your injuries. This is typically determined by multiplying the economic damages by a number between 2 and 5. Inform your insurance company as fast as you can. If you are involved in a motor vehicle collision you should contact the insurance company of the other driver within 24 hours. In other situations you'll be required to contact the insurance insurer of your home, vehicle or business. If the injury you suffer is related to your job, you'll also need to inform the Workers' Compensation Board. You'll need to fill out the Form C-3. Beaumont injury lawyers should speak with an experienced attorney for injury immediately following a serious accident. This will ensure that you do not be late or make a mistake when submitting your claim. A good lawyer can be an asset when negotiations with the insurance company to secure the highest amount of compensation. You can hire lawyers on a contingency fee which means that you only pay if they succeed.