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How to File Injury Claims A victim who files a claim for injury seeks compensation from the insurance company of a negligent driver, or property owner. The key to success in a claim is the ability to prove damages, which are costs or losses that result from the incident. Special damages may include out-of pocket medical expenses, future procedures costs and a loss of earning potential. Non-economic or general damages include the suffering of 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 time period in which an individual may bring a legal action. The statute of limitations was enacted to protect defendants against being unfairly sued if claims are dated or evidence has disappeared or witnesses have lost their memory. Some people believe that statute of limitations are unfair to victims, however this is not always the situation. In most jurisdictions the statute of limitations is two years in the case that involve negligence, or other acts that cause harm inadvertently. This gives injured parties enough time to study their injuries, and then consult and retain an attorney (if they wish to) before the deadline expires. In Temecula injury attorneys of medical malpractice or other intentional torts the statute of limitations may be different. In general, intentional torts comprise crimes such as assault, false imprisonment, defamation, and intentional infliction of emotional distress. In these instances the statute of limitation might be 1 year for each crime. It is important to note that there are some situations in which the statute of limitations may be suspended which allows injured individuals to pursue an action at a later date. The most frequent scenario is when the patient suffers an injury that requires ongoing treatment such as a condition such as a stroke, or cancer. In these instances, the statute of limitations could be suspended until the treatment is completed. Other circumstances can cause the statute of limitation to be put on hold. For example the case where a person is legally disabled for a specific period of time, and an action is accrued. In these situations the statute of limitations will usually be re-activated once the disability has been eliminated or after the date that the injury could reasonably have been discovered. While it may be difficult to understand the intricacies of a statute of limitations, an New York personal injury lawyer can help you understand your situation and take legal action within the prescribed timeframe. Furthermore, knowing the statute of limitations is essential to your legal position when you negotiate with the insurance company and other parties. Damages The majority of injury claims offer victims compensation for financial loss caused by an accident. They may also pay for medical expenses in the future in the short and long term. These are referred to as special damages. General damages are damages that are difficult to quantify and are not easily quantifiable. These damages may include the following: pain and suffering, defamation and loss of consortium. Special damages pay for specific expenses that are easily recorded and assigned a value in dollars for property damage, repair or replacement, hospitalization, medical costs and lost wages. The amount that is recovered for these expenses are typically determined by receipts, invoices and expert opinions about their true value. Non-economic damages are more subjective and difficult to quantify. These include emotional distress and inconvenience triggered by an injury. This is the reason it's essential to find an attorney for personal injuries who is experienced and knowledgeable in this area of personal injury law. The amount of compensation for general damages could be large and could have a significant impact on the quality of living. Your attorney may ask for evidence to support general damages. This could include the effect the injury or illness has had on you and your daily activities as well as your plans for the future. This could be due to the possibility that you were unable to finish your planned trip abroad or you were unable to take on a new position because of an injury or illness. General damages can be awarded for any loss of enjoyment you experienced from your previous lifestyle, which includes physical pain and emotional distress. Defense attorneys and insurance companies typically deny or undervalue these types of damages, but an experienced attorney can protect your rights. Contact us for a free consultation if injured in an accident at work, due to medical negligence. Our lawyers on Long Island will handle all aspects of the claim, so you can concentrate on recovery. We'll work with insurance companies to negotiate a fair resolution and file the proper documents within the statute of limitations. Preparation As your attorney for injuries is preparing to file your claim, it's vital for you to remain involved in the process. During your treatment, you will have to keep records of the medical practitioners you visit and the out-of-pocket costs incurred, as well as the number of days that you were required to miss work as a result of your injuries. Keep a log of all damages so that your lawyer make sure that your demand includes all losses that are eligible. Medical records and other documents will also be utilized by insurance adjusters 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 may receive for your injuries. They will be looking for evidence to prove that you have exaggerated your claim or are not following the doctor's advice. Your lawyer for injury can compile this documentation and present it in a convincing fashion to the insurance adjusters. If you can present your claim in a professional manner the insurance company could settle it quickly and for an appropriate amount. The case may be litigated until a trial. It is important that your lawyer prepares your case so that it can be ready for trial if required. A trial lawyer has extensive experience in personal injury cases, including the presentation of these cases before a jury. They can bring your case to trial with the conviction that they know how to present your case effectively and persuasively. The quality of your lawyer's presentation can make or ruin your case, regardless of whether the defendant is an insurance company or a private individual. Filing a Claim You have to make a claim against the person who caused an accident. This may 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 one way to accomplish this. The letter will also detail the financial loss you have suffered, including medical expenses and lost wages. If there is evidence to suggest that someone else was careless, negligent or reckless the insurance company could agree to pay you for your damages. The amount you receive will depend 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. This is why it's important to get full medical evaluations and follow-up treatment. Your lawyer can help determine the right amount for your damages. They will review your medical records, review your bills and receipts, and provide information about your loss of income. They will also determine your pain and suffering, which is determined by the extent of your injuries. This is typically calculated by multiplying your economic damages by a number between 2 and 5. Notify your insurance company as soon as you can. If you are involved in a motor vehicle collision you must notify the other driver's insurance company within 24 hours. In other cases you'll have to contact the company that covers your home, vehicle or business. In addition to reporting your accident to the insurance company, you must notify the Workers' Compensation Board if your injury is work-related. You'll have to fill out the form C-3. Find an experienced lawyer right away following an incident that is serious. This will help you to avoid missing important deadlines and making mistakes when submitting your claim. A good lawyer can be an asset in negotiating with insurance companies to secure maximum compensation. You can engage them on a contingency fee that means you only pay if they win.