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How to File Injury Claims An injury claim is the victim seeking compensation from an insurance company, like the insurer of an unintentionally negligent driver or property owner, or a professional. A successful claim requires that you prove damages, which include expenses or losses resulting from the accident. Special damages can include out-of-pocket medical expenses, future procedures costs and the loss of earning potential. General or non-economic damages include pain and suffering, a diminished spousal relationship, scarring and other psychological and emotional damage. Statute of Limitations The statute of limitation is a procedural rule that limits the time that a person is required to start an action. The statute of limitations was enacted in order to protect defendants against being unfairly sued if claims are dated, evidence has been lost or witnesses have lost their memory. Some people believe that the statute of limitations are unfair to victims, but this is not always the situation. In the majority of jurisdictions the statute of limitations is set at 2 years for cases involving negligence or other actions that cause harm inadvertently. This gives injured parties ample time to investigate their injuries, talk to and retain legal counsel (if desired) and then prepare claims before the deadline passes. However, in cases that involve medical malpractice or other intentional torts the statute of limitations might be different. In general, intentional torts comprise violations such as assault and false imprisonment, defamation and deliberate infliction of emotional distress. In these instances, the statute of limitations could be one year for each crime committed. It is also important to remember that there are instances in which the statute of limitations might be suspended, allowing injured individuals to pursue an action at a later time. This is most common when a patient suffers from an injury that requires ongoing care, such as cancer or a stroke. In these cases the statute of limitations may be suspended until the treatment is completed. There are other situations where the statute of limitation may be suspended 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 situations, the statute of limitation will be reactivated after the disability has been removed or when the injury was discovered as reasonable. A New York personal injury attorney can help you understand the statute of limitations and help you take legal action within the time frame specified. Understanding the statute of limitation is also important when you are working with other parties as well as the insurance company of the responsible party. Damages In the majority of cases, victims are compensated for the financial losses they have suffered due to an accident. They may also pay for medical expenses in the future that are both long and short term. These are known as special damages. Other damages aren't easily quantifiable and are often referred to as general damages. These damages may include pain and suffering, defamation and loss of consortium. Special damages compensate victims for specific expenses that are easily documented and a dollar amount allocated for hospitalization, medication, and lost wages. The amount that is recovered for these expenses are typically dependent on receipts, invoices and expert opinion on their true worth. Non-economic losses can be subjective and difficult to quantify. They include emotional distress and inconvenience triggered by an injury. It is crucial to choose an attorney who is knowledgeable and experienced in this area of law. The amount of compensation awarded for general damages could be very substantial and can significantly impact the victim's quality of life. When you are arguing for general damages your attorney will often require evidence, such as the impact of the illness or injury on your day to day activities and the effect it has had on your future plans. You might not be able to travel on your planned international trip or start your new job due to an injury or illness. General damages can be awarded to compensate for physical discomfort, emotional distress and loss of enjoyment from your previous life. Insurance companies and defense attorneys typically deny or undervalue these types of damages, however an experienced lawyer can defend your rights. Contact us for a complimentary consultation if you have been injured in an accident at work, due to medical negligence. 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 a fair resolution and file the proper paperwork within the statute of limitations. Preparation It is crucial to remain involved with the process while your lawyer is preparing to file your claim. During your treatment, you must keep an eye on the medical professionals you visit as well as the out of pocket expenses you incur as well as the number of days that you were unable to work due to your injuries. Recording the damages you incur will help your lawyer ensure that all eligible losses are included in your Demand. Insurance adjusters will also use your medical records and other documents to evaluate your claim. It is important to keep in mind that adjusters are working on behalf of their employer 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 exaggerated your claim or are not following the advice of your doctor. Your lawyer for injuries can compile this documentation and present it in a convincing fashion to the insurance adjusters. The insurance company might settle your claim quickly and for an amount that is fair when it is properly presented. The case can be litigated until the time of trial. It is essential to have your attorney prepare your case in a proper manner to ensure that it is ready for trial if necessary. A trial lawyer is experienced in personal injury cases and has experience presenting them to a jury. They can take your case to a jury with confidence, knowing they'll be able present your case persuasively and effectively. No matter if the defendant is a large insurance firm or individual the quality of your lawyer's presentation will determine the outcome of your case. How to File a Claim You have to file a claim against the person who caused an accident. This may be the person who hit you in a car accident, or it could be your employer in the event that you suffer an injury while working. This can be accomplished by submitting a demand letter which contains details about the incident as well as your injuries. It also lists your financial losses, such as medical expenses and lost wages. If there is Denton injury lawsuits to suggest that someone else was negligent, careless, or reckless the insurance company may accept to compensate you for your damages. The amount you receive is contingent on the severity and extent of your injuries. For instance, a fractured arm might not have the same impact on your life as a spinal cord injury. It is important to receive an extensive medical examination and follow-up treatment. Your lawyer can assist you determine the proper value for your damages. They will review your medical records, look over your bills and receipts, and provide information regarding your loss of income. They will also evaluate your pain and suffering which is determined by the extent of your injuries. The amount is usually calculated by multiplying the economic damages by a number between 2 and 5. You must inform the insurance company of the accident as soon as you are able. 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 might have to contact your insurance company for your home, car or business. If the injury you suffer is related to your job, you'll also have to inform the Workers' Compensation Board. You will need to fill out the Form C-3. It is recommended that you consult an experienced injury lawyer immediately following a serious injury. This will help you to avoid missing important deadlines and making mistakes when submitting your claim. The right lawyer can also be an asset when negotiations with the insurance company for the most compensation. You can hire lawyers on a contingency fee, which means you only pay them if they win.