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How to File Injury Claims An injury claim involves a victim seeking compensation from an insurance company, like the insurer of the negligent driver or property owner, or a professional. The key to an effective claim is to prove damages, which include costs or losses resulting from the incident. Special damages may include out-of pocket medical expenses, future procedure costs and a loss of earning potential. Non-economic or general damages include suffering and pain and a deterioration of your relationship with your spouse, scarring and other emotional and psychological negative effects. Statute of limitations The statute of limitations is a procedural law that limits the period of time during which a person may file a legal action. These laws are enacted to protect defendants from being unfairly sued when claims have gotten old, evidence has been lost, witnesses have forgotten, or memories of the events have faded. Although some feel that the statute of limitations does not give victims justice, this is not necessarily the situation. In the majority of jurisdictions, the statute of limitations is two years in cases that involve negligence, or other acts which cause harm unintentionally. This allows injured parties time to investigate their injuries, and then consult and engage a lawyer (if desired) before the deadline runs out. In cases of medical negligence or other intentional torts the statute of limitations may be different. In general, intentional torts are crimes like assault, false imprisonment and defamation. In these cases the statute of limitations might be 1 year for each offense. There are also certain situations in which the statute of limitations could be suspended. This allows injured individuals to file their lawsuits later. The most frequent scenario is when a patient sustains an injury that requires ongoing treatment, like a condition like a stroke, or cancer. In these cases the statute of limitations might be suspended until the treatment is completed. There are other instances where the statute of limitation might be paused, such as in cases of fraud, or where the victim is legally disabled for a period of time at the point that a cause of action is arising. In these instances the statute of limitations is likely to be reactivated after the disability is removed or at the time that the injury could have reasonably been discovered. A New York personal injury attorney can help you understand the statute of limitations and help you take legal action within the timeframe prescribed. Understanding the statute of limitations is crucial when you're in negotiations with other parties or the insurance company of the responsible party. Damages In most cases, victims receive compensation for the financial loss they suffered due to an accident. They can also be used to pay for future medical expenses, both in the short-term and long-term. These are referred to as special damages. Other damages aren't easily quantifiable and are often referred to as general damages. They could include loss of consortium as well as pain and suffering, and defamation. Special damages are awarded to victims for specific expenses that can be easily recorded and assigned a value in dollars for damage to property repair or replacement, hospitalization, medical costs and lost wages. The amount that is recovered for these expenses are typically based on invoices, receipts and expert opinions regarding their value. Non-economic damages are more subjective and are difficult to quantify. They are any emotional distress and inconvenience resulting from an injury. This is why it's important to have an attorney for personal injuries who is skilled and knowledgeable in the field of personal injury law. The amount of compensation awarded for general damages could be extremely high and can be significant to the victim's quality of life. When seeking general damages, your lawyer will typically look for evidence that demonstrates the impact of the injury or illness on your day to day activities and the effect it has affected your plans for the future. You may have been unable to go on the trip you planned to abroad or begin your new job 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. Defense attorneys and insurance companies often minimize or deny these types of damages, however an experienced lawyer can protect your rights. If you've suffered injuries in a car accident or suffered an injury at work or as the result of medical negligence, 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 collaborate with insurance companies to reach an acceptable settlement and file the appropriate documents within the statute of limitations. Preparation It is essential to stay engaged in the process as your attorney prepares to submit your claim. During your treatment, you will have to keep track of the medical providers you visit, as well as the out-of-pocket expenses incurred along with the number of days you were required to miss work because of your injuries. Keeping a record of these damages can help your injury attorney ensure that all losses eligible are included in your Demand. Medical records and other documents are also used by the insurance adjusters to assess your claim. It is crucial to remember that the adjusters work for their employer and are seeking ways to reduce the amount you could receive for your injuries. They will look for any evidence that suggests you are exaggerating your claim or not following the advice of your doctor. Your injury attorney can collate all this information and present it to the insurance adjusters in a convincing way. If you are able to present your claim properly, the insurance company may settle it quickly and in a reasonable amount. Or, the case may be brought to trial. It is essential that your attorney prepares your case so that it is ready for trial if required. A trial lawyer has vast experience in personal injury cases, which includes the presentation of cases in front of a jury. They can present your case to trial with the conviction that they know how to present your case effectively and convincingly. The quality of your lawyer’s presentation can make or ruin your case, whether the defendant is an insurance company or private person. Filing a Claim If an accident occurs when you are involved in an accident, you must file a claim with the party responsible. It could be the person who slammed you in a car crash, or it could be your employer in the event that you suffer an injury while at work. This can be done by submitting a demand letter which contains details about the incident and your injuries. The letter will also detail the financial loss you have suffered, including medical bills and lost wages. If there is evidence that another person was negligent, careless, or reckless the insurance company could accept to compensate you for the damages. The amount of compensation you receive will depend on the severity and length of your injuries. For instance, a broken arm might not have the same impact on your life as a spinal cord injury. This is why it is important to get full medical evaluations and follow-up treatments. Your lawyer can assist you determine the appropriate value for your damages. They will review your medical records, review your receipts and bills, and provide information about your loss of income. They will also assess the pain and suffering you've endured and based on the severity of your injuries. Generally it is calculated by multiplying your economic damages by a number that is between 2 and 5. You must notify the insurance company of the accident as soon as possible. If you're involved in a motor vehicle collision that means you must contact the other driver's insurer within 24 hours. In other cases, you will be required to contact the insurance company that insures your vehicle, home or business. If your injury is connected to your job, you'll be required to notify the Workers' Compensation Board. You will need to fill out the form C-3. Contact an experienced injury lawyer right away following a serious incident. This will assist you in 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 to ensure the highest amount of compensation. Bloomington injury attorney can even be employed on a contingency basis meaning that you pay nothing upfront, and only if they succeed in your case.