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How to File Injury Claims A person who files an injury claim seeks compensation from the insurance company of a negligent driver, or the property owner. A successful claim requires that you prove damages, which include costs or losses resulting from the accident. Special damages include out-of-pocket medical expenses, future procedure costs and a loss of earning potential. General or non-economic damages include suffering and pain, a diminished relationship with your spouse, scarring, and other psychological and emotionally negative effects. Statute of limitations The statute of limitations is a procedural law that limits the time period in which a person can bring a legal action. These laws were enacted in order to protect defendants against being unfairly sued when claims have become old or evidence has been lost or witnesses have forgotten. While some people feel that the statute of limitations does not give victims justice, this is not necessarily the situation. In most states the statute of limitations is set at two years for cases involving negligence or other acts that cause harm without intention. This gives injured parties time to examine their injuries, and then consult and hire a lawyer (if desired) before the deadline expires. However, in cases that involve medical malpractice, or other intentional torts the statute of limitations could be different. Generally, intentional torts include violations like assault and false imprisonment, defamation and the intentional infliction or infliction of emotional distress. In these instances, the statute of limitation may be one year for each offense. There are other circumstances where the statute of limitations can be suspended. This allows injured persons to file their lawsuits at a later date. This is most common when a patient suffers from an injury that requires ongoing treatment, such as stroke or cancer. In these instances, the statute of limitation can be extended until treatment is complete. Other circumstances can cause the statute of limitation to be paused. For instance when a victim is legally disabled for a period of time, and a cause of action has accrued. In these instances the statute of limitations will usually be reinstated once the disability has been eliminated or after the date that the injury could have reasonably been discovered. While Boston injury lawyers 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 pursue legal action within the specified timeframe. Understanding the statute of limitations is also important when you're in negotiations with other parties or the insurance company of the responsible party. Damages In most cases, injury claims award victims compensation for financial losses incurred by an accident. They can also be used to pay for future medical expenses, both short-term and long-term. These are known as special damages. Other damages are not so easily quantifiable and are often referred to as general damages. These damages could include pain and suffering, defamation and loss of consortium. Special damages pay victims for specific expenses which can be easily documented, and a dollar amount allocated for hospitalization, medical expenses and lost wages. The amount recovered for these items is often dependent on receipts or invoices as well as expert opinions regarding their true value. Non-economic losses can be subjective and difficult to quantify. They include any emotional distress and inconvenience suffered due to an injury. This is why it's important to find an attorney who is experienced and knowledgeable in the field of personal injury law. Compensation for general damages may be high and could have a significant impact on the quality of life. Your lawyer will usually ask for evidence to support general damages. This could include the effect the injury or illness affected you and your daily activities, and also your future plans. You might not be able to go on your planned international trip or begin an entirely new career due to an illness or injury. General damages can be awarded for physical pain, emotional distress and loss of enjoyment from your previous lifestyle. These types of damages are typically ignored or undervalued by insurance companies and defense lawyers, but an knowledgeable lawyer can ensure your rights are secured. If you've suffered injuries in a car accident, suffered an injury at work or as the result of medical negligence, please contact us today for a free consultation. Our attorneys on Long Island will handle all aspects of the claim so you can concentrate on recovery. We'll work with insurance companies to come up with an equitable settlement and file the proper documents within the time frame of limitations. Preparation It is essential to stay engaged in the process as your lawyer is preparing to submit your claim. You'll need to keep a record of all medical professionals you visit, the out of pocket expenses you incur and the amount of time you were off work because of your injuries. Keep a record of these expenses can help your injury attorney ensure that all eligible losses are included in your Demand. The medical records and other documentation are also used by the insurance adjusters to assess your claim. It is crucial to remember that the adjusters work on behalf of their employers and are seeking ways to decrease the amount you could receive for your injuries. They will be looking for evidence that you have exaggerated your claim or aren't following the doctor's advice. Your lawyer for injury can collate all this information and present it to insurance adjusters in a convincing manner. If you can present your claim in a professional manner the insurance company might settle it quickly and in a reasonable amount. The case may also be brought to trial. It is important to have an attorney prepare your case in a proper manner to ensure that it is ready for trial if necessary. A trial lawyer is knowledgeable in personal injury cases and has the experience of present them to jurors. They can bring your case to trial with the conviction that they are able to present your case effectively and persuasively. The quality of your lawyer's presentation can either ruin or enhance your case, regardless of whether the defendant is an insurance company or an individual. How to File a Claim If an accident occurs, you must file a claim with the party responsible. It could be the person who struck you in a car crash or your employer if you sustained an injury while working. This can be done by sending a demand note which contains details regarding the incident and your injuries. It also lists the financial losses, including medical expenses and lost wages. If you can prove that someone else was reckless, negligent or careless the insurance company may accept to compensate for damages. The amount you receive is contingent on the severity and extent your injuries. For example, a broken arm might not have the same impact on your life as a spinal cord injury. It is important to receive an extensive medical examination and follow-up care. Your lawyer can assist you determine the appropriate value for your damages. They will review your medical records, review your receipts and bills and provide details about your loss of income. They will also assess the amount of pain and suffering you've endured in relation to the severity of your injuries. Typically, this is calculated by multiplying your economic damages by a number between 2 and 5. Inform your insurance company as soon as you are able to. If you're involved in a motor vehicle collision that means you must contact the insurance company of the other driver within 24 hours. In other instances, you may have to contact your insurance company for your home, car or business. If your injury is related to your job, you'll also need to inform the Workers' Compensation Board. This will require you to fill out Form C-3. You should speak with an experienced injury attorney immediately following a serious injury. This will ensure that you don't miss any important deadlines or make any errors when filing your claim. The right lawyer can also be an asset in negotiating with the insurance company to ensure the most compensation. You can engage them on a contingency basis which means that you only pay them if they win.