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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 property owner. A successful claim requires you prove damages, which are expenses or losses resulting from the accident. Special damages include medical expenses paid out of pockets, future procedures costs and loss of earning potential. General or non-economic damage includes suffering and suffering and a deterioration of your 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 must file an action. The statute of limitations was enacted in order to protect plaintiffs from being unfairly sued when claims have become old or evidence has disappeared or witnesses have lost their memory. Some people believe that the statutes of limitations are unfair to victims, but this is not always the situation. In most jurisdictions the statute of limitations is 2 years in cases involving negligence, or other actions that cause harm inadvertently. This allows injured parties time to study their injuries, and then consult and hire a lawyer (if desired) before the deadline runs out. In cases of medical malpractice or other intentional torts the statute of limitations may be different. Generally, intentional torts include offenses such as assault, false imprisonment, defamation and deliberate infliction of emotional distress. In these cases the statute of limitations might be 1 year for each offense. It is also worth noting that there are instances in which the statute of limitations could be extended which allows injured individuals to bring a lawsuit at a later date. This is typically the case when a patient suffers from an injury that requires ongoing treatment, such as cancer or a stroke. In these cases the statute of limitations might be suspended until the treatment ends. There are other instances where the statute of limitations could be suspended in cases of fraud, or when the victim is legally disabled for a period of time at the time the cause of action arises. In these cases, the statute of limitation will be reinstated after the disability has been eliminated or the date when the injury was deemed to be reasonably discovered. A New York personal injury attorney can assist you in understanding the time limit and take legal action in the time frame specified. Understanding the statute of limitations is essential when working with other parties as well as the insurance company of the responsible party. Damages Injury claims typically award victims compensation for financial losses incurred by an accident. They can also be used to pay for future medical expenses, both in the short-term and long-term. Special damages are what they are known as. 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 are awarded to victims for specific expenses that are easily documented and a dollar amount set such as hospitalization, medication and lost wages. The amount of money recouped for these items are often based on invoices, receipts and expert opinions about their true worth. Non-economic damages are more subjective and difficult to quantify. They include any emotional distress and inconvenience suffered due to an injury. This is why it's important to have an attorney for personal injuries who is skilled and knowledgeable in this area of personal injury law. Compensation for general damages may be large and have a major impact on the victim’s quality of living. Your attorney may ask for evidence to support general damages. This could include the effect the injury or illness had on you and your daily activities as well as your plans for the future. It is possible that you were unable to go on the trip you planned to abroad or start your new job due to an illness or injury. General damages can be awarded for any loss of enjoyment of your life before, which could include emotional or physical discomfort. These types of damages are often denied or undervalued by insurance companies as well as defense lawyers, but an knowledgeable lawyer can ensure your rights are protected. If you've been injured in a vehicle accident, suffered an injury at work or as the result of medical negligence, please contact us today for a free consultation. Our attorneys on Long Island will handle all aspects of the claim so you can concentrate on recovery. We'll work closely with insurance companies in order to reach a fair 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 vital to remain engaged in the process. You will need to keep a record of all medical professionals you visit, the out-of the pocket expenses you incur as well as the amount of time you missed work due to your injuries. Keep Parma injury lawyer of all damages to help your lawyer ensure that your Demand covers all eligible losses. Medical documents and other records are also used by the insurance adjusters to evaluate your claim. It is crucial to remember that the adjusters are working on behalf of their employers and are looking for ways to decrease the amount you could receive for your injuries. They will be looking for evidence to prove that you've overstated your claim or are not following the advice of your doctor. Your injury attorney can compile all of the evidence and present it to insurance adjusters in a compelling manner. The insurance company may settle your claim quickly and for an amount that is fair provided it is presented properly. The case can be litigated to the point of a trial. It is essential that your attorney prepares your case so that it is prepared for trial, should it be required. A trial lawyer is well-versed in personal injury cases and has experience present them to jurors. They can present your case to trial with conviction that they are able to argue your case effectively and convincingly. Whether the defendant is a large insurance company or a private person the quality of your lawyer's presentation will determine the outcome of your case. Making a Claim If an accident occurs, you must submit a claim to the person responsible. You can file an action against the person who hit or injured you in an accident. This can be accomplished by sending a demand letter, which includes information about the incident as well as your injuries. It also lists your financial losses, such as medical expenses and lost wages. If there is evidence to suggest that another person was negligent, careless or reckless the insurance company could be willing to compensate you for your losses. The amount you receive is contingent on the severity and extent of your injuries. A broken arm, for example will not have the same impact on your life that an injury to the spine has. It is crucial to undergo a an entire medical examination and follow-up treatment. Your lawyer can help you determine the fair value of your damages. They will look over your medical records, receipts and bills, and provide information on the loss of income. They will also assess your pain and suffering which is determined by the extent of your injuries. Generally, this is calculated by multiplying your financial damages by a figure between 2 and 5. You must notify the insurance company of the accident as soon as you can. If you are involved in a motor vehicle crash that means you must contact the insurance company of the other driver within 24 hours. In other situations, you will have to contact the insurer of your home, automobile or business. In addition to reporting your accident to the insurance company, you should also notify the Workers' Compensation Board if your injury is related to work. This will require you to fill out Form C-3. Contact an experienced injury lawyer immediately after an accident that has caused serious injury. This will ensure that you do not have any deadlines missed or make any errors when filing your claim. A good lawyer can be an asset when negotiating with the insurance company to secure maximum compensation. They can even be hired on a contingent basis, meaning that you pay nothing upfront and only pay if they win your case.