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How to File Injury Claims A victim who files an injury claim seeks compensation from the insurance company of a negligent driver, or the property owner. A successful claim requires that you prove damages, which are the costs or losses resulting from the accident. Special damages can include medical expenses paid from pocket, future procedure costs and loss of earning potential. General or non-economic damages include the suffering of a diminished relationship between spouses, scarring and other psychological and emotional damage. Statute of Limitations The statute of limitation is an administrative rule that regulates how long an individual has to file a lawsuit. The statute of limitations laws were enacted to protect defendants from being unfairly sued after claims have become outdated, evidence has been lost, witnesses have forgotten or their memories of events have been lost. Although some feel that the statute of limitations denies victims justice, this is not necessarily the case. In most states, the statute of limitations is set at two years for cases involving negligence or other acts that cause harm unintentionally. This gives injured parties enough time to examine their injuries and speak with and engage a lawyer (if they wish to) before the deadline runs out. In the case of medical negligence or other intentional torts the statute of limitations could be different. In general, intentional torts include crimes like assault, false imprisonment and defamation. In these instances, the statute of limitations could be one year for each crime committed. There are other instances where the statute of limitations could be extended. This allows injured individuals to file lawsuits at a later date. This is most common when a patient suffers an injury that requires ongoing care such as stroke or cancer. In these situations the statute of limitations can be extended until treatment is completed. There are other circumstances where the statute of limitation may be suspended, such as in cases of fraud or a victim is legally disabled for a period of time prior to the date that a cause of action accrues. In these situations the statute of limitations will be reinstated after the disability has been eliminated or when the injury was deemed to be reasonably discovered. While it may be daunting to understand the intricacies of the statute of limitations, an New York personal injury lawyer can assist you in understanding your situation and take legal action within the stipulated time frame. Additionally, knowing the statute of limitations is critical to your position when negotiating with the responsible party's insurance company and other parties. Damages Injury claims typically award victims compensation for financial losses caused by an accident. They may also provide reimbursement for medical expenses in the future in the short and long term. These are referred to as special damages. General damages are those that are difficult to quantify and aren't easily quantifiable. These can include loss of consortium or pain and suffering as well as defamation. Special damages compensate victims for specific expenses which are easily documented and a dollar amount set for hospitalization, medical expenses, and lost wages. The amount that is recovered for these items are usually based on invoices, receipts and expert opinions about their value. Non-economic damages are more subjective and difficult to quantify. They can be characterized as emotional distress and inconvenience triggered by an injury. This is why it's crucial to find an attorney for personal injuries who is knowledgeable and experienced in the field of personal injury law. The compensation awarded for general damages could be very substantial and can have a significant impact on the quality of life of the victim. In seeking general damages, your lawyer will typically seek evidence such as the effects of the injury or illness on your day to day activities and the impact it has had on your future plans. This could be due to the possibility that you were unable to finish your planned trip abroad or you were prevented from taking on a new job due to illness or injury. General damages can also be awarded for loss of enjoyment from your past lifestyle, including emotional and physical pain. These types of damages are often denied or undervalued by insurance companies and defense lawyers, but an experienced lawyer can ensure your rights are protected. If you've suffered injuries in a car accident, suffered an injury at work, or as the result of medical negligence, contact us today for a free consultation. Our lawyers on Long Island will handle all aspects of the claim, so you can concentrate on your recovery. We'll work with insurance companies to reach an equitable settlement and file the proper paperwork within the statute of limitations. Preparation It's important that you stay involved with the process while your lawyer is preparing to make your claim. You will need to keep a record of all the medical providers that you visit, any out-of pocket expenses you incur and the number of days that you missed work due to your injuries. Keep a track of all damages so that your lawyer ensure that your Demand covers all losses that are eligible. Insurance adjusters will also use your medical records as well as other evidence to evaluate your claim. Dayton injury lawsuits is important to keep in mind that adjusters are working on behalf of their employers and are looking for ways to reduce the amount you might receive for your injuries. They will be looking for evidence that you are exaggerating your claim or not following the advice of your doctor. Your injury attorney can compile all of this documentation and present it to the insurance adjusters in a convincing manner. If you are able to present your claim properly the insurance company could settle the claim quickly and at a fair amount. The case may also be litigated to trial. It is important that your attorney prepares your case so that it can be ready for trial, should it be required. A trial lawyer has a lot of experience in personal injury cases, which includes the presentation of these cases before a jury. They can bring your case to trial with the confidence that they know how to present your case effectively and convincingly. The quality of your lawyer's presentation can either ruin or enhance your case, whether the defendant is an insurance company or private person. Making a Claim You must file a claim against the person who caused an accident. This could be the person who struck you in a car accident or your employer in the event that you suffer an injury while working. Sending a letter of demand that contains details about the incident and injuries is one method to accomplish this. It also lists the financial losses, such as medical expenses and lost wages. If you can prove that someone else was negligent, reckless or negligent the insurance company may be willing to pay for damages. The amount you are awarded will depend on the severity and length of your injuries. For example, a broken arm might not have the same impact on your life as the spinal cord injury. It is crucial to undergo a an extensive medical examination and follow-up treatment. Your lawyer can help you determine a fair value for your losses. They will go through your medical records, receipts and bills and provide information on your loss of income. They will also evaluate the suffering and pain you've endured in relation to the severity of your injuries. Typically it is calculated by multiplying your financial damages by a number between 2 and 5. Inform your insurance company as soon as you can. If you are involved in an automobile accident you should contact the other driver's insurance company within 24 hours. In other instances, you may require contacting your insurance company for your car, home or business. In addition to reporting your accident to the insurance company, you should also inform the Workers' Compensation Board if your injury is related to work. This will require you to fill out a form C-3. You should consult with an experienced attorney for injury immediately following a serious injury. This will ensure that you don't have any deadlines missed or make a mistake when the process of submitting your claim. A good lawyer can be a valuable asset in negotiating with the insurance company for the highest amount of compensation. They can even be hired on a contingency basis meaning that you pay nothing upfront and only if they prevail in your case.