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How to File Injury Claims A person who files a claim for injuries seeks compensation from the insurance company of a negligent driver or the property owner. A successful claim requires that you establish damages, which include costs or losses resulting from the accident. Special damages include out-of-pocket medical expenses, future procedure costs and the loss of earning potential. Non-economic or general damages include pain and suffering, diminished relationship between spouses, scarring and other psychological and emotional damage. Statute of Limitations The statute of limitations is a procedural law that limits the time period in which an individual may bring a legal action. The statute of limitations laws were enacted to safeguard defendants from being unfairly sued when claims have become outdated, evidence has been lost, witnesses have been forgotten or their memories of events have faded. Some people believe that statutes of limitations are unfair to victims, however this isn't always case. In most jurisdictions the statute of limitation is two years in the case which involve negligence or other acts which cause harm inadvertently. This gives injured parties sufficient time to investigate their injuries, speak with and retain legal counsel (if requested), and prepare claims before the deadline passes. 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 offence. There are other circumstances where the statute of limitation may be extended. This allows injured individuals to file their lawsuits later. This is usually the case when a patient suffers an injury that requires ongoing treatment like cancer or a stroke. In these cases the statute of limitations might be suspended until the treatment is completed. There are other circumstances when the statute of limitations could be suspended for instance, in the case of fraud, or when the victim is legally disabled for a period of time prior to the date that a cause of action accrues. In these instances the statute of limitations will be reinstated after the disability has been removed or the date when the injury was deemed to be reasonably discovered. While it may be difficult to understand the intricacies of the statute of limitations, an New York personal injury lawyer can help you understand your situation and pursue legal action within the prescribed time frame. Understanding the statute of limitations is crucial when negotiating with other parties and the insurance company of the responsible party. Damages In most instances, victims are compensated for the financial loss they suffered as a result of an accident. They may also pay for future medical expenses, both short and long term. These are referred to as special damages. General damages are damages 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 pay victims for certain 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 often determined by receipts, invoices and expert opinion on their actual value. Non-economic damages are more subjective and difficult to quantify. Home include emotional distress and inconvenience caused by an injury. This is the reason it's essential to find a personal injury lawyer that is experienced and knowledgeable in this area of personal injury law. The amount of compensation for general damages could be extremely high and can be significant to the quality of life for the victim. Your lawyer will usually ask for evidence to support general damages. This will include the impact the injury or illness has had on your daily activities, as well as your future plans. It is possible that you were unable to take your planned international trip or to 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. Defense attorneys and insurance companies typically minimize or deny these types of damages, however an experienced attorney can protect your rights. Contact us for a no-obligation consultation if injured in an accident at work, in an accident, or due to medical negligence. Our lawyers in Long Island can handle all aspects of your claim while you focus on recovering. We'll collaborate with insurance companies to negotiate a fair resolution and file the proper paperwork within the statute of limitations. Preparation It is essential to stay involved with the process while your lawyer is preparing to make your claim. You'll be required to keep a log of all the medical providers you visit, the out of pocket expenses you incur and the number of days that you missed work due to your injuries. Keeping a record of these damages can help your injury attorney ensure that all eligible losses are included in your Demand. Insurance adjusters will also use your medical records as well as other evidence to assess your claim. It is crucial to remember that the adjusters are working on behalf of their employers and are seeking ways to reduce the amount you may receive for your injuries. They will be looking for evidence that you are exaggerating your claims or are not following your doctor's instructions. Your injury lawyer can compile all of the evidence and present it to the insurance adjusters in a convincing way. If you present your claim well the insurance company could settle the claim quickly and in a reasonable amount. The case could be litigated to the point of the time of trial. It is essential that your attorney prepares your case so that it can be ready for trial if required. A trial lawyer is well-versed in personal injury cases and has a track record of in presenting them to juries. They can take your case before a juror confidently, knowing that they'll be able argue your case convincingly and effectively. The quality of your lawyer's presentation can either ruin or enhance your case, no matter if the defendant is an insurance company or a private individual. How to File a Claim You have to make a claim against the person who caused an accident. This may be the person who slammed you in a car accident, or it could be your employer if you suffered an injury while at work. Sending a letter of demand that includes details about the incident and injuries is one method to accomplish this. It also lists your financial losses, including medical expenses and lost wages. If you can prove that someone else was negligent, reckless or negligent the insurance company may agree to pay for damages. The amount you receive will depend on the severity and extent of your injuries. For instance, a fractured arm might not have as much impact on your life as the spinal cord injury. It is essential to get a full medical evaluation and follow-up care. Your lawyer can assist you determine the proper value for your damages. They will assess your medical records, look over your receipts and bills, and provide details about your loss of income. They will also assess your pain and suffering which is determined by the extent of your injuries. Generally it is calculated by multiplying your economic damages by a number between 2 and 5. You must notify the insurance company of your accident as soon as possible. In the event of an accident involving a motor vehicle you should contact the other driver's insurance company within 24 hours. In other cases, you will be required to contact the insurance company that insures your vehicle, home or business. If your injury is related to your job, you will also need to notify the Workers' Compensation Board. This will require you to fill out a form C-3. Consult an experienced injury lawyer immediately after an incident that is serious. This will ensure that you do not be late or make any errors when the process of submitting your claim. A skilled lawyer can be invaluable when negotiating with insurance companies to get maximum compensation. You can engage them on a contingency basis which means that you only pay if they win.