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How to File Injury Claims An injury claim is the victim seeking compensation from an insurance company, for instance the insurer of an unintentionally negligent driver, property owner or professional. The key to success in a claim is the ability to prove damages, which are costs or losses that result from the accident. Special damages may include medical expenses paid from 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 psychological and emotional harms. Statute of limitations The statute of limitations is a procedural law that limits the amount of time in which a person may bring a legal action. These laws were enacted to protect defendants against being unfairly sued when claims have become old or evidence has been lost or witnesses have lost their memory. Some people believe that statute of limitations are unfair to victims, but this is not always the case. In most states, the statute of limitation is 2 years in cases involving negligence, or other acts that cause harm unintentionally. This gives injured parties enough time to study their injuries and consult with and retain an attorney (if they wish to) before the deadline runs out. In the case of medical negligence or other intentional torts the statute of limitation may be different. In general, intentional torts comprise crimes like assault or false imprisonment, defamation and deliberate infliction of emotional distress. In these cases the statute of limitations might be 1 year for each crime committed. It is also important to remember that there are instances in which the statute of limitation could be extended which allows injured individuals to pursue lawsuits at a later time. The most common instance of this is when a patient sustains an injury that requires ongoing treatment such as an illness such as a stroke, or cancer. In these situations the statute of limitations may be suspended until treatment is completed. There are other circumstances when the statute of limitations could be suspended, such as in cases of fraud, or where a victim is legally disabled for some period of time prior to the date that a cause of action is arising. In these instances, the statute of limitations will usually be re-activated once the disability has been eliminated or at the time that the injury could reasonably have been discovered. While it may be difficult 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 specified time frame. Moreover, understanding the statute of limitations is critical to your case when negotiating with the insurance company and other parties. Damages In most instances, victims are compensated for the financial losses they've suffered as a result of an accident. They may also provide reimbursement for future medical expenses in the short and long term. Special damages are what they are called. General damages are those that are difficult to quantify and aren't easily quantifiable. These damages can include defamation, pain and suffering and loss of consortium. Special damages compensate victims for specific expenses that can be easily documented, and a dollar amount allocated, such as hospitalization, medications, and lost wages. The amount of money recouped for these items are usually dependent on receipts, invoices and expert opinions about their true worth. Non-economic damages are more subjective and harder to quantify. These include emotional distress and inconvenience triggered by an injury. This is why it's crucial to choose a personal injury lawyer that is skilled and knowledgeable in this area of personal injury law. The amount of compensation awarded for general damages can be very high and could have a significant impact on the quality of life of the victim. In you are arguing for general damages your lawyer will usually require 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. You may have been unable to go on your trip abroad or start an entirely new career due to an injury or illness. General damages can also be awarded for loss of enjoyment you experienced from your past lifestyle, including physical pain and emotional distress. Insurance companies and defense attorneys typically minimize or deny these types of damages, however an experienced lawyer can protect your rights. Contact us for a free consultation if injured in an accident, at work, or due to medical negligence. Our attorneys in Long Island can handle all aspects of your claim while you focus on regaining your health. We'll work closely with insurance companies in order to reach an equitable settlement and file the necessary paperwork within the statutes of limitations. Preparation As your attorney for injuries is preparing to file your claim, it's important for you to remain involved in the process. During your treatment, will have to keep an eye on the medical professionals you visit and the out-of-pocket expenses incurred and the number of days you were unable to work because of your injuries. Keep a record of these damages will help your lawyer ensure that all eligible losses are included in your Demand. Insurance adjusters also make use of your medical records as well as other evidence to assess your claim. Remember that adjusters are working on behalf of their employers and are looking to decrease the amount you receive for your injury. They will be looking for evidence to prove you've overstated your claim or aren't following the doctor's advice. Your injury lawyer can compile this documentation and present it in a convincing fashion to the insurance adjusters. The insurance company could settle your claim quickly and at a fair amount if it is presented well. The case could be litigated until the time of trial. It is important that your lawyer prepares your case in order that it can be ready for trial if required. Fort Wayne injury attorneys has extensive experience in personal injury cases, including the presentation of cases in front of jurors. They are able to present your case to a jury confidently, knowing that they will be able to present your case persuasively and effectively. The quality of your lawyer’s presentation can decide the outcome of your case, regardless of whether the defendant is an insurance company or a private individual. How to File a Claim You have to make a claim against the person responsible for an accident. This may be the person who struck you in a car accident, or it could be your employer if you suffered an injury while at work. Sending a demand letter with details of the incident and injuries is one way to accomplish this. It also lists the financial losses, such as medical expenses and lost wages. If there's evidence that someone else was negligent, careless or reckless, the insurance company might accept to compensate you for your losses. The amount you will receive will depend on the severity and severity of your injuries. For example, a broken arm may not have the same impact on your life as a spinal cord injury. This is why it's crucial to receive all medical evaluations and follow-up treatments. Your lawyer can help determine the fair value of your damages. They will assess your medical records, examine your receipts and bills and provide details about your loss of income. They will also evaluate the suffering and pain you've endured, which is based upon the severity of your injuries. This is typically calculated by multiplying the economic damages by between 2 and 5. Notify your insurance company as quickly as you are able to. If you're involved in a motor vehicle crash and you are involved in a collision, you must notify the insurer of the other driver within 24 hours. In other situations you'll need to contact the insurer of your home, automobile or business. In addition to notifying the insurance company, you should also notify the Workers' Compensation Board if your injury is work-related. You'll need to fill out the Form C-3. Contact an experienced injury lawyer immediately after a serious incident. This will ensure that you don't be late or make any errors when submitting your claim. A good lawyer can be an asset in negotiating with the insurance company to secure the most compensation. You can engage lawyers on a contingency fee, which means you only pay if they win.