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How to File Injury Claims A victim who files an injury claim 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 the cost or losses resulting from the incident. Special damages include medical expenses paid from the pocket, future costs for procedures and loss of earning potential. Non-economic or general damages include suffering and pain as well as a break-up with your spouse, scarring and other emotional and psychological negative effects. Statute of Limitations The statute of limitations is an administrative law that limits the time period in which a person may file a legal action. These laws are enacted to protect defendants from being unfairly sued when claims have become stale, and evidence has been lost, witnesses have been forgotten or their memories of events have faded. Many 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 set at 2 years in cases of negligence or other acts that cause harm unintentionally. This gives the injured parties enough time to investigate their injuries, consult with and retain legal counsel (if requested), and prepare claims before the deadline passes. In cases of medical malpractice or other intentional torts the statute of limitations may be different. In general, intentional torts refer to crimes such as assault, false imprisonment, and defamation. In these situations the statute of limitations might be 1 year for each crime committed. There are also some situations in which the statute of limitations can be extended. This allows injured persons to file lawsuits later. The most common example of this is where a patient sustains 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 ends. Other circumstances can cause the statute of limitations to be put on hold. For example when a victim has been legally disabled for a certain period of time during which an action is accrued. In these cases the statute of limitations will usually be re-activated once the disability is eliminated or at the time 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 assist you in understanding your situation and pursue legal action within the stipulated timeframe. Additionally, knowing the statute of limitations is essential to your position when negotiating with the responsible party's insurance company and other parties. Damages In the majority of cases, victims receive compensation for the financial losses they have suffered due to an accident. They can also be used to pay for future medical expenses, both short-term as well as long-term. These are known as special damages. General damages are damages that are difficult to quantify and are not easily quantifiable. These damages can include defamation, pain and suffering and loss of consortium. Special damages are awarded to victims for specific expenses which can be easily documented, and a dollar amount assigned such as hospitalization, medication, and lost wages. The amount that is recouped for these expenses is typically determined by receipts or invoices, and expert opinions about their value. Non-economic damages are subjective and difficult to quantify. They can be characterized as emotional distress and inconvenience triggered by an injury. This is the reason it's essential to have an attorney who is skilled and knowledgeable in the field of personal injury law. Compensation for general damages may be large and have a major impact on the victim's standard of life. Cicero injury lawsuits will often request evidence to prove general damages. This includes the impact the injury or illness has had on you and your daily activities, as well as your future plans. It is possible that you were unable to take your planned international trip or start your new job due to an illness or injury. General damages can also be awarded for any loss of enjoyment from your previous lifestyle, which includes physical pain and emotional distress. These types of damages are typically ignored or undervalued by insurance companies as well as defense lawyers, but an experienced lawyer can ensure your rights are protected. If you've been injured in a vehicle accident, suffered an injury at work or as the result of medical negligence, please contact us for a free consultation. Our attorneys in Long Island can handle all aspects of your claim while you focus on recovery. We'll work with insurance companies to negotiate a fair resolution and file the proper paperwork within the statute of limitations. Preparation When your lawyer for injury is preparing to file your claim, it's important for you to stay engaged in the process. You will be required to keep a log of all medical professionals that you visit, any out-of pocket expenses you incur and the number of days you were off work because of your injuries. Keep a log of all damages to help your lawyer make sure that your Demand includes all eligible losses. The medical documents and other records are also utilized by insurance adjusters to evaluate your claim. Keep in mind that adjusters work on behalf of their employers and are looking to decrease the amount you receive for your injury. They will be looking for evidence that you are overstating your claims or are not following the advice of your doctor. Your lawyer for injury can prepare this documentation and present it in a convincing fashion to the insurance adjusters. The insurance company could settle your claim quickly and at a fair amount provided it is presented properly. The case can also be litigated until the trial. It is important that your attorney prepares your case in order that it can be ready for trial, if needed. A trial lawyer has a lot of experience in personal injury cases, including presenting them in front of jurors. They can present your case to trial with confidence that they know how to argue your case effectively and persuasively. Whether the defendant is a large insurance company or individual, the quality of your lawyer's argument can decide the outcome of your case. How to File a Claim You have to make a claim against the party responsible for an accident. You can file a claim against the party who hit or injured you in an accident. Sending a demand letter that contains details about the incident and injuries is a way to accomplish this. It also lists the financial losses, including medical expenses and lost wages. If there's evidence that another person was careless, negligent or reckless the insurance company could be willing to compensate you for the damages. The amount you receive is contingent on the severity and extent your injuries. A broken arm, for instance might not have the same impact on your daily life as an injury to your spine can. It is important to receive a full medical evaluation and follow-up treatment. Your lawyer can help you determine the fair value of your losses. They will go through your medical records, your bills and receipts and provide details on your loss of income. They will also assess the suffering and pain you've suffered, which is based upon the severity of your injuries. The amount is usually calculated by multiplying your economic damages by a number between 2 and 5. Inform your insurance company as fast as you can. If you are involved in a motor vehicle crash that means you must contact the insurance company of the other driver within 24 hours. In other situations, you will need to contact the insurer of your vehicle, home or business. In addition to reporting your accident to the insurance company, you also need to inform the Workers' Compensation Board if your injury is work-related. This will require you to fill out Form C-3. Find an experienced lawyer right away following a serious incident. This will allow you to avoid missing important deadlines and making mistakes when submitting your claim. A skilled lawyer can be a valuable asset when working with insurance companies to secure maximum compensation. You can engage them on a contingency fee which means that you only pay them if they win.