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How to File Injury Claims A claim for injury involves the victim seeking compensation from an insurance company, for instance the insurer of an unintentionally negligent driver or property owner, or a professional. The key to an effective claim is to prove damages, which are costs or losses that result from the accident. Special damages include out-of-pocket medical expenses, future procedures costs and a loss of earning potential. General or non-economic damage includes suffering and pain, a diminished relationship with your spouse, scarring, as well as other emotional and psychological damaging consequences. Statute of Limitations The statute of limitations is a procedural law that limits the time period in which a person can file a legal action. These laws were enacted to protect the defendants from being unfairly sued when claims are dated, evidence has been lost or witnesses have forgotten. While some people feel that the statute of limitations doesn't give victims justice, this is not necessarily the situation. In the majority of jurisdictions, the statute of limitations is set at 2 years for cases involving negligence or other acts that cause harm inadvertently. This is to give injured parties sufficient time to examine their injuries, speak with and retain legal counsel (if required) and then prepare claims before the deadline runs out. In the event of medical negligence or other intentional torts, the statute of limitation may be different. Generally, intentional torts include crimes such as assault, false imprisonment, defamation, and deliberate infliction of emotional distress. In these situations the statute of limitation might be 1 year for each crime committed. There are other instances where the statute of limitation may be extended. This allows injured individuals to file lawsuits at a later date. The most frequent scenario is when patients suffer from an injury that requires ongoing treatment, such as a condition like cancer or stroke. In these cases the statute of limitations may be suspended until the treatment is complete. Other situations may cause the statute of limitation to be put on hold. For example the case where a person has been legally disabled for a period of time when an action is accrued. In these cases, the statute of limitation will be reinstated after the disability has been eliminated or when the injury was discovered as reasonable. A New York personal injury attorney can help you understand the statute of limitations and take legal action in the time frame specified. Moreover, understanding the statute of limitations is crucial to your position when negotiating with the insurance company and other parties. Damages The majority of injury claims offer victims compensation for financial losses caused by an accident. They may also reimburse future medical expenses, both in the short-term and long-term. These are known as special damages. Other damages are not so easily quantifiable, and are referred to as general damages. They can include loss of consortium, pain and suffering and defamation. Special damages compensate victims for certain expenses that can be easily documented, and a dollar amount assigned, such as hospitalization, medication, and lost wages. The amount that is recovered for these expenses are typically based on invoices, receipts and expert opinions about their actual value. Non-economic damages are subjective and difficult to quantify. They are any emotional distress and inconvenience resulting from an injury. This is why it's important to find an attorney who is skilled and knowledgeable in the field of personal injury law. Compensation for general damages may be large and could have a significant impact on the victim’s quality of life. Your attorney may ask for evidence to support general damages. This will include the impact the injury or illness has affected you and your daily activities as well as your future plans. It is possible that you were unable to go on your planned international trip or start your new job due to an injury or illness. General damages can be awarded for any loss of enjoyment from your past lifestyle, including emotional and physical pain. Defense attorneys and insurance companies often do not recognize or value these kinds of damages, but an experienced attorney can protect your rights. If you've been injured in a car accident, suffered an injury at work or as the result of medical negligence, call us today for a free consultation. Our lawyers on Long Island will handle all aspects of your claim so that you can focus on your recovery. We'll work with insurance companies to reach an equitable settlement and file the appropriate documents within the statute of limitations. Preparation While your injury attorney is working on filing your claim, it's important for you to stay engaged in the process. You'll have to keep a list of all the medical facilities you visit, the out-of pocket expenses you incur, and the number of days you missed work due to your injuries. Recording the damages you incur can help your injury attorney ensure that all eligible losses are accounted for in your Demand. The medical records and other documentation are also used by the insurance adjusters to assess your claim. Remember that adjusters are working for their employers and are trying to decrease the amount you are paid for your injury. They will be looking for evidence to prove you've overstated your claim or aren't following the doctor's instructions. Your lawyer for injury can prepare this documentation and present it in a convincing fashion to the insurance adjusters. The insurance company may settle your claim quickly and for an amount that is fair when it is properly presented. More methods can be litigated to the point of a trial. It is important that your attorney prepares your case so that it can be ready for trial if required. A trial lawyer has extensive experience in personal injury cases, including presenting them in front of a jury. They can take your case to trial with the conviction that they are able to argue your case effectively and convincingly. The quality of your lawyer’s presentation can either ruin or enhance your case, no matter if the defendant is an insurance company or private individual. How to File a Claim You must submit a claim to the person responsible for an accident. This may be the person who slammed you in a car accident or your employer in the event that you suffer an injury at work. This can be done by submitting a demand letter which contains details regarding the incident and your injuries. The letter will also detail your financial losses such as medical expenses and lost wages. If you can prove that someone else was negligent, reckless, or reckless, your insurance company may be willing to pay for damages. The amount you receive depends on the severity and extent of your injuries. For example, a broken arm might not have as much impact on your life as the spinal cord injury. It is crucial to undergo a an entire medical examination and follow-up care. Your lawyer can assist you determine the proper value for your damages. They will review your medical records, examine your receipts and bills and provide details about your loss of income. They will also consider the pain and suffering you've suffered, which is based upon the severity of your injuries. Generally, this is calculated by multiplying the amount of your economic losses by a figure between 2 and 5. Notify your insurance company as quickly as you can. In the event of an accident involving a motor vehicle you must notify the other driver's insurance company within 24 hours. In other instances, you will need to contact the insurer of your home, vehicle or business. If your injury is related to your job, you will be required to notify the Workers' Compensation Board. You'll have to fill out the Form C-3. It is recommended that you consult an experienced injury lawyer immediately after a serious accident. This will ensure that you don't miss any important deadlines or make any mistakes in the process of submitting your claim. A good lawyer can be an asset when working with insurance companies to secure maximum compensation. They can even be employed on a contingency basis which means you pay no upfront and only pay if they succeed in your case.