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How to File Injury Claims A claim for injury involves a victim seeking compensation from an insurance company, such as the insurer of an unintentionally negligent driver or property owner. A successful claim requires that you establish damages, which are the expenses or losses that result from the accident. Special damages include out-of-pocket medical expenses, future costs for procedures and a loss of earning potential. Non-economic or general damages include suffering and pain as well as a break-up with your spouse, scarring, and other emotional and psychological damaging effects. Statute of Limitations The statute of limitations is an administrative law that limits the time period in which a person can file a legal action. These laws were passed in order to protect defendants against being unfairly sued if claims are dated or evidence has disappeared or witnesses have forgotten. Some people believe that statute of limitations are unfair to victims, however this is not always the case. In most jurisdictions the statute of limitations is set at two years in cases of negligence or other acts that cause harm without intention. This gives injured parties enough time to study their injuries, and then consult and hire a lawyer (if they wish to) before the deadline expires. In the case of medical malpractice or other intentional torts the statute of limitation may be different. In general, intentional torts refer to crimes such as assault, false imprisonment, and defamation. In these situations the statute of limitations might be 1 year for each offense. It is important to note that there are certain situations in which the statute of limitation could be extended and allow injured people to bring lawsuits at a later date. The most typical example of this is where patients suffer from an injury that requires ongoing treatment like an illness such as cancer or stroke. In these cases, the statute of limitations might be extended until the treatment is complete. Other circumstances could cause the statute of limitation to be put on hold. For example the case where a person is legally disabled for a certain period of time, and a cause of action has accrued. In these cases the statute of limitations is likely to be reactivated after the disability is removed or at the time that the injury could reasonably have been discovered. While it may be difficult 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 stipulated time frame. Additionally, knowing the statute of limitations is essential to your position when negotiating with the responsible party's insurance company and other parties. Damages In most cases, victims receive compensation for the financial losses they have suffered as a result of an accident. They can also offer reimbursement for medical expenses in the future in the short and long term. Special damages are what these are referred to as. General damages are damages that are difficult to quantify and are not easily quantifiable. They could include loss of consortium, pain and suffering and defamation. Special damages are awarded to victims for certain expenses that can be easily documented, and a dollar amount set, such as hospitalization, medications and lost wages. The amount recovered for these items is usually based on invoices or receipts and expert opinions on their true value. Non-economic losses can be subjective and difficult to quantify. They include any emotional distress and inconvenience resulting from an injury. This is why it's crucial to have an attorney who is knowledgeable and experienced in the field of personal injury law. The compensation for general damages can be substantial and can will have a significant impact on the victim’s quality of living. When arguing for general damages, your lawyer will typically require evidence, such as the effects of the illness or injury on your day to day activities and the impact it has affected your plans for the future. You might not be able to take your planned international trip or to start an entirely new career due to an illness or injury. General damages can also be awarded for loss of enjoyment of your previous lifestyle, which includes emotional and physical pain. These types of damages are typically ignored or undervalued by insurance companies as well as defense lawyers, but an experienced lawyer can ensure your rights are secured. Contact us for a free consultation if you have been injured in an accident, at work, or because of medical negligence. Our attorneys in Long Island can handle all aspects of your claim while focusing on recovery. We'll work closely with insurance companies in order to reach an equitable settlement and file the required documents within the statute of limitations. Preparation When your lawyer for injury is in the process of filing your claim, it's important for you to remain involved in the process. You'll need to keep a record of all the medical providers you visit, the out-of pocket expenses you incur, and the amount of time you missed work because of your injuries. Keep a record of the damages you incur can help your injury attorney ensure that all losses eligible are included in your Demand. Medical records and other documentation will also be utilized by insurance adjusters to evaluate your claim. Remember that adjusters are working on behalf of their employers and are looking to reduce the amount you will receive for your injury. They will be looking for evidence to prove that you have exaggerated your claim or are not following the advice of your doctor. Your injury attorney can collate all this information and present it to the insurance adjusters in a compelling way. The insurance company might settle your claim quickly and at an amount that is fair when it is properly presented. The case may also be litigated until the time of trial. It is crucial to ensure that your lawyer prepares your case in a proper manner, so that it is ready for trial should it be required. A trial lawyer has extensive experience in personal injury cases, which includes the presentation of these cases before a jury. They can present your case to trial with confidence that they know how to present your case effectively and persuasively. No matter if the defendant is a large insurance company or an individual the quality of your lawyer's presentation can make or break your case. How to File Kenner injury lawyers have to file a claim against the party responsible for an accident. It could be the person who struck you in a car crash, or it could be your employer if you suffered an injury while at work. Sending a demand letter that contains details about the incident and injuries is a way to do this. The letter will also detail your financial losses, such as medical bills and lost wages. If there's evidence that another person was negligent, careless, or reckless the insurance company could accept to compensate you for the damages. The amount you receive depends on the severity and length of your injuries. A broken arm, for instance might not have the same impact on your life as a spinal injury. It is important to receive an entire medical examination and follow-up treatment. Your lawyer can assist you determine the appropriate value for your damages. They will examine your medical records, review your receipts and bills and provide information regarding your loss of income. They will also consider the amount of pain and suffering you've suffered and based on the severity of your injuries. The amount is usually calculated by multiplying your economic damages by 2 and 5 Contact your insurance company as soon 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 cases 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. You'll have to fill out the form C-3. Contact an experienced injury lawyer as soon as you have experienced an accident that has caused serious injury. This will allow you to avoid missing important deadlines and making mistakes when you submit your claim. A competent lawyer can be invaluable when negotiating with insurance companies to secure maximum compensation. Lawyers can be hired on a contingency basis which means you pay no upfront and only pay if they prevail in your case.