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How to File Injury Claims An injury claim involves the victim seeking compensation from an insurance company, for instance the insurer of an unintentionally negligent driver, property owner or professional. A successful claim requires that you prove damages, which include costs or losses resulting from the accident. Special damages include medical expenses paid out of pockets, future procedures costs and loss of earning potential. General or non-economic damages include pain and suffering and a deterioration of your relationship with your spouse, scarring, as well as other emotional and psychological damaging effects. Statute of limitations The statute of limitations is a procedural law that limits the time period in which a person may file a legal action. These laws were enacted in order to protect plaintiffs from being unfairly sued when claims are dated or evidence has disappeared or witnesses have forgotten. Although some feel that the statute of limitations denies victims justice, this is not necessarily the situation. In most jurisdictions the statute of limitation is two years in the case involving negligence, or other actions that cause harm without intention. This gives injured parties ample time to investigate their injuries, speak with and retain legal counsel (if required) and to prepare claims before the deadline runs out. In cases of medical negligence or other intentional torts the statute of limitations may be different. In general, intentional torts encompass offenses such as assault or false imprisonment, defamation and intentional infliction of emotional distress. In these instances the statute of limitations could be one year for each crime committed. It is also worth noting that there are certain situations in which the statute of limitations might be suspended and allow injured people to file an action at a later date. The most frequent instance of this is when the patient suffers an injury that requires ongoing treatment, such as a condition like cancer or stroke. In these instances the statute of limitations can be extended until treatment is completed. There are other circumstances when the statute of limitations may be suspended, such as in cases of fraud or a victim is legally disabled for a period of time prior to the date the cause of action arises. In these cases, the statute of limitations is likely to be reinstated once the disability is eliminated or at the time that the injury could have reasonably been discovered. Lorain injury lawsuit can assist you in understanding the time limit and take legal action in the timeframe prescribed. Understanding the statute of limitation is crucial when you're negotiating with other parties and the insurance company of the responsible party. Damages Injury claims typically award victims compensation for financial loss caused by an accident. They can also offer reimbursement for future medical expenses, both short and long term. Special damages are what these are known as. Other damages are not so easily quantifiable, and are referred to as general damages. They could include loss of consortium as well as pain and suffering, and defamation. Special damages compensate victims for specific expenses which are easily documented and a dollar amount allocated, such as hospitalization, medication, and lost wages. The amounts recovered for these items are usually dependent on receipts, invoices and expert opinions regarding their true value. Non-economic damages are subjective and difficult to quantify. These include emotional distress and inconvenience triggered by an injury. It is essential to employ an attorney who is skilled and experienced in this field of law. Compensation for general damages may be large and will have a significant impact on the victim’s quality of life. Your attorney will often 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. This could be due to the circumstance that you were not able to complete your planned international vacation or you were prevented from taking on a new job because of an illness or injury. General damages can be awarded to compensate for physical pain, emotional distress and loss of enjoyment from your previous lifestyle. Defense attorneys and insurance companies frequently minimize or deny these types of damages, however an experienced attorney can protect your rights. Contact us for a complimentary consultation if injured in an accident at work, because of medical negligence. Our lawyers on Long Island will handle all aspects of your claim so that you can focus on your recovery. We'll partner with insurance companies to negotiate an equitable settlement and file the required documents within the statute of limitations. Preparation It is essential to stay involved with the process while your lawyer is preparing to submit your claim. While you are receiving treatment, you will have to keep an eye on the medical professionals you visit as well as the out of pocket expenses incurred along with the number of days that you were unable to work as a result of your injuries. Keeping a record of these expenses can help your injury attorney ensure that all eligible losses are included in your Demand. Medical records and other documentation will also be utilized by insurance adjusters to evaluate your claim. Remember that adjusters are working on behalf of their employers and are looking to decrease the amount you receive for your injury. They will be looking for evidence to prove you've exaggerated your claim or aren't following the doctor's advice. Your injury attorney can collate all the evidence and present it to insurance adjusters in a compelling manner. The insurance company might settle your claim quickly and for a fair amount if it is presented well. Or, the case may be brought to trial. It is crucial that your attorney prepares your case in order that it can be ready for trial, if needed. A trial lawyer has extensive experience in personal injury cases, which includes the presentation of cases in front of a jury. They can take your case to trial with the conviction that they are able to present your case effectively and persuasively. If the defendant is a large insurance company or a private person the quality of your lawyer's argument will determine the outcome of your case. How to File a Claim If an accident occurs and you are injured, you need to make a claim with the person responsible. You can file an action against the person who hit or injured you in an accident. Sending a letter of demand with details of the incident and injuries is one way 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 your insurance company could agree to pay for damages. The amount of compensation you receive depends on the severity and length of your injuries. A broken arm, for instance might not have the same impact on your life as a spinal injury. This is why it's essential to undergo full medical evaluations and follow-up treatment. Your lawyer can help determine the appropriate value for your damages. They will assess your medical records, examine your receipts and bills, and provide details about your loss of income. They will also assess the extent of your suffering and pain, which is determined by the extent of your injuries. Typically the calculation is done by multiplying your economic damages by a number that is between 2 and 5. Inform your insurance company as quickly as you can. If you are involved in an automobile accident, you must contact the other driver's insurance company within 24 hours. In other cases you may require contacting your insurance company for your home, car or business. If the injury you suffer is related to your job, you'll also have to notify the Workers' Compensation Board. You will need to fill out the Form C-3. Contact an experienced injury lawyer right away following an incident that is serious. This will allow you to avoid missing deadlines or making mistakes when submitting your claim. A good lawyer can be an asset when working with insurance companies in order to receive the most compensation. You can hire them on a contingency basis, which means you only pay them if they win.