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How to File Injury Claims A person who files an injury claim seeks compensation from the insurance company of a negligent driver, or property owner. The most important aspect of a successful claim is proving damages, which are costs or losses related to the accident. Special damages can include medical expenses paid out of pockets, future procedures costs and loss of earning potential. General or non-economic damages can include pain and suffering, a diminished relationship between spouses, scarring and other emotional and psychological damage. Statute of Limitations The statute of limitations is a procedural law that limits the period of time during which an individual may pursue legal action. These laws are designed to safeguard defendants from being unfairly sued when claims have become outdated, evidence has been lost, witnesses have lapsed or the events have been lost. Some people believe that the statute of limitations does not give victims justice, this isn't necessarily the case. In most jurisdictions the statute of limitations is set at 2 years for cases involving negligence or other actions that cause harm unintentionally. This gives injured parties sufficient time to examine their injuries, talk to and retain legal counsel (if desired) and to prepare an action before the deadline expires. In the case of medical negligence or other intentional torts the statute of limitations may be different. In general, intentional torts refer to crimes such as assault, false imprisonment, and defamation. In these cases, the statutes of limitation could be one year for each offense. There are also some instances where the statute of limitations could be suspended. This permits injured people to file their lawsuits later. This is usually the case when a patient suffers from an injury that requires ongoing treatment such as cancer or a stroke. In these instances, the statute of limitations could be suspended until the treatment ends. There are other situations where the statute of limitations could be suspended, such as in cases of fraud or the victim is legally disabled for some period of time prior to the date that a cause of action is arising. In these cases, the statute of limitations will typically be reinstated once the disability has been eliminated or at the time that the injury could reasonably have been discovered. While it may be daunting to comprehend the complexities of a statute of limitations, a New York personal injury lawyer can help you understand your situation and take legal action within the specified timeframe. Moreover, understanding the statute of limitations is critical to your legal position when you negotiate with the responsible party's insurance company and other parties. Damages In the majority of instances, victims are compensated 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 short-term and long-term. These are referred to as special damages. Other damages are not so easily quantifiable and are referred to as general damages. These can include loss of consortium as well as pain and suffering, and defamation. Special damages compensate a victim for specific expenses that can easily be documented and assigned a value in dollars, such as property damage, repair or replacement, hospitalization, medical costs and lost wages. The amount that is recovered for these items are usually determined by receipts, invoices and expert opinions regarding their value. Non-economic damages are more subjective and are difficult to quantify. They include any emotional distress and inconvenience suffered due to an injury. This is the reason it's essential to find an attorney for personal injuries who is experienced and knowledgeable in this area of personal injury law. The amount of compensation for general damages could be large and have a major impact on the quality of life. In you are arguing for general damages your lawyer will usually seek 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 possibility that you were unable to finish your planned trip abroad or you were prevented from taking up a new job due to an injury or illness. General damages can be awarded to compensate for physical emotional pain, physical discomfort and loss of enjoyment from your previous lifestyle. Fresno injury lawyers and defense attorneys often do not recognize or value these kinds of damages, but an experienced lawyer can protect your rights. If you've been injured in a car accident, suffered an injury at work or as the result of medical negligence, please contact us for a free consultation. Our attorneys in Long Island can handle all aspects of your claim while you focus on recovering. We'll work closely with insurance companies in order to reach an equitable settlement and file the necessary documents within the statute of limitations. Preparation It is essential to stay involved in the process as your lawyer is preparing to submit your claim. You'll have to keep a list of all the medical providers you visit, any out-of the pocket expenses you incur as well as the amount of time you were off work because of your injuries. Keep a log of all damages to help your lawyer ensure that your demand includes all eligible losses. Medical records and other documents are also utilized by insurance adjusters to evaluate your claim. Remember that adjusters work for their employers and are attempting to decrease the amount you receive for your injury. They will search for evidence that you are exaggerating your claims or are not following the advice of your doctor. Your injury lawyer can collate all of this documentation and present it to the insurance adjusters in a compelling manner. The insurance company might settle your claim quickly and for an amount that is fair when it is properly presented. The case may also be litigated until the time of trial. It is essential that your lawyer prepares your case in order that it can be ready for trial, should it be required. A trial lawyer has vast experience in personal injury cases, which includes the presentation of these cases before jurors. They can present your case to a jury confidently, knowing that they'll be able to present your case persuasively and effectively. Whether the defendant is a large insurance firm or individual, the quality of your lawyer's presentation can make or break your case. How to Claim a Claim? You have to make a claim against the person who caused an accident. It could be the person who slammed you in a car crash or your employer if you suffered an injury while at work. Sending a demand letter with details of the incident and injuries is a way to accomplish this. The letter will also detail your financial losses such as medical expenses and lost wages. If there is evidence to suggest that someone else was careless, negligent or reckless, the insurance company might accept to compensate you for your losses. The amount you receive will depend on the severity and length of your injuries. For instance, a fractured arm may not have as much impact on your life as the spinal cord injury. It is crucial to undergo a an entire medical examination and follow-up treatment. Your lawyer can help you determine the proper value for your damages. They will assess your medical records, examine your receipts and bills, and provide information about your loss of income. They will also evaluate the extent of your suffering and pain, which is determined by the severity of your injuries. This is usually determined by multiplying the economic damages by 2 and 5. Contact your insurance company as quickly as you are able to. If you are involved in an accident involving a motor vehicle you must notify the other driver's insurance company within 24 hours. In other instances you'll need to contact the company that insures your vehicle, home or business. If your injury is connected to your job, you'll also have to notify the Workers' Compensation Board. You will need to fill out the form C-3. You should consult with an experienced injury lawyer immediately following a serious injury. This will ensure that you do not be late or make any errors when submitting your claim. A good lawyer can be an asset in negotiating with the insurance company to ensure the highest amount of compensation. You can engage lawyers on a contingency fee that means you only pay if they win.