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How to File Injury Claims A person who files a claim for injury seeks compensation from the insurance company of a negligent driver or the property owner. A successful claim requires you establish damages, which are costs or losses resulting from the accident. Special damages can include medical expenses that are paid out of pockets, future procedures costs and loss of earning potential. General or non-economic damages can include the suffering of a diminished relationship between spouses, scarring and other emotional and psychological harms. Statute of Limitations The statute of limitations is a procedural law that restricts the time period in which a person may pursue legal action. The statute of limitations laws were enacted to protect defendants from being unfairly sued when claims have become outdated, evidence has been lost, witnesses have been forgotten or the events have been lost. Some people believe that statute of limitations are unfair to victims, however this isn't always situation. In the majority of jurisdictions, the statute of limitation is 2 years in cases involving negligence, or other acts which cause harm inadvertently. This allows injured parties time to study their injuries and speak with and retain a lawyer (if they wish to) before the deadline runs out. In Santa Ana injury lawsuits www.youtube.com of medical negligence or other intentional torts the statute of limitation may be different. Generally, intentional torts include offenses such as assault or false imprisonment, defamation, and deliberate infliction of emotional distress. In these instances, the statute of limitations could be one year for each offence. There are also some circumstances where the statute of limitation may be suspended. This permits injured people to file lawsuits later. The most frequent example of this is where a patient sustains an injury that requires ongoing treatment, like a condition such as cancer or stroke. In these instances the statute of limitations could be extended until the treatment is complete. There are other situations where the statute of limitations could be suspended in cases of fraud, or when 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 is likely to be re-activated once the disability has been eliminated or at the time that the injury could have reasonably been discovered. While it may be difficult to comprehend the complexities of a statute of limitations, an New York personal injury lawyer can help you understand your situation and initiate legal action within the stipulated timeframe. Understanding the statute of limitation is also important when you are negotiating with other parties and the insurance company of the responsible party. Damages In most cases, injury claims award victims compensation for financial losses incurred by an accident. They may also pay for future medical costs, both short and long term. These are known as special damages. 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 a victim for specific expenses that can easily be recorded and assigned a dollar value, such as damage to property repair or replacement, hospitalization, costs and lost wages. The amount of money recouped for these items are usually determined by receipts, invoices and expert opinion on their value. Non-economic damages are more subjective and harder to quantify. They include any emotional distress and inconvenience resulting from an injury. It is important to hire an attorney who is knowledgeable and experienced in this particular area of law. The amount of compensation for general damages can be extremely high and can have a significant impact on the quality of life for the victim. Your attorney may require evidence to prove general damages. This includes the impact the injury or illness has affected you and your daily activities, and also your future plans. This could be due to the fact that you were unable to finish your planned trip abroad or you were unable to take on a new job due to injury or illness. General damages can also be awarded for loss of enjoyment you experienced from your previous lifestyle, which includes physical pain and emotional distress. Defense attorneys and insurance companies typically do not recognize or value these kinds of damages, however an experienced attorney can protect your rights. Contact us for a complimentary 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 concentrate on recovering. We'll work with insurance companies to come up with an equitable settlement and file the appropriate documents within the statute of limitations. Preparation It is essential to stay engaged in the process as your lawyer is preparing to submit your claim. You will need to keep a record of all the medical providers you visit, any out-of pocket expenses you incur, and the number of days you missed work due to your injuries. Keep a record of all damages to help your lawyer make sure that your Demand includes all eligible losses. Insurance adjusters will also use your medical records and other documentation to evaluate your claim. It is important to remember that the adjusters are working on behalf of their employer and are seeking ways to decrease the amount you could receive for your injuries. They will look for any evidence that suggests you are exaggerating your claim or not following your doctor's instructions. Your lawyer for injury can collate all of this information and present it to insurance adjusters in a convincing manner. The insurance company may settle your claim quickly and for a fair amount when it is properly presented. Alternatively, the case could be argued to trial. It is important that your attorney prepares your case in order that it is ready for trial, if needed. A trial lawyer has vast experience in personal injury cases, which includes presenting them in front of a jury. They can take your case before a jury with confidence, knowing that they will be able to argue your case convincingly 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 If an accident occurs when you are involved in an accident, you must submit a claim to the person responsible. You can make an action against the person who hit or injured you in an accident. Sending a letter of request with details of the incident and injuries is one method to accomplish this. The letter should also include the financial loss you have suffered, including medical expenses and lost wages. If there is evidence to suggest that another person 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 your injuries. A broken arm, for example might not have the same impact on your life as a spinal injury. This is why it's important to get full medical evaluations and follow-up treatments. Your lawyer can help determine a fair amount for your damages. They will look over your medical records, your receipts and bills and provide information on your income loss. They will also assess the suffering and pain you have suffered, which is based upon the severity of your injuries. Typically, this is calculated by multiplying the amount of your economic losses by a number that is between 2 and 5. You must notify the insurance company of your accident as quickly as possible. If you are involved in an accident involving a motor vehicle you should contact the other driver's insurance company within 24 hours. In other instances, you will be required to contact the insurance company that insures your home, automobile or business. In addition to notifying the insurance company, you must inform the Workers' Compensation Board if your injury is a result of work. You will need to fill out a Form C-3. It is recommended that you consult an experienced injury attorney immediately after a serious accident. This will help you to avoid missing important deadlines and making mistakes when you submit your claim. A skilled lawyer can be an asset when negotiating with insurance companies to secure the most compensation. You can engage them on a contingency basis which means that you only pay them if they win.