How to File Injury Claims
An injury claim is a victim seeking compensation from an insurance company, like the insurer of an unintentionally negligent driver, property owner or professional. A successful claim requires you establish damages, which are costs or losses resulting from the accident.
Special damages include out-of-pocket medical expenses, future procedure costs and the loss of earning potential. General or non-economic damages include pain and suffering, diminished spousal relationship, scarring and other emotional and psychological damage.
Statute of limitations
The statute of limitations is a procedural law that limits the period of time during which an individual may bring a legal action. These laws were passed to safeguard plaintiffs from being unfairly sued if claims are dated or evidence has disappeared or witnesses have lost their memory.
Some people believe that the statute of limitations are unfair to victims, but this is not always the case. In most states, the statute of limitations is set at 2 years in cases of negligence or other acts that cause harm inadvertently. This gives injured parties sufficient time to study their injuries, speak with and retain legal counsel (if required) and then prepare claims before the deadline passes.
However in cases involving medical malpractice or other intentional torts, the statute of limitations might be different. Generally, intentional torts include violations such as assault and false imprisonment, defamation and the intentional infliction or infliction of emotional distress. In these cases, the statute of limitations might be 1 year for each offense.
There are also some instances where the statute of limitations can be extended. This allows injured individuals to file their lawsuits later. This is usually the case when a patient has an injury that requires ongoing treatment, such as cancer or a stroke. In these cases, the statute of limitations might be suspended until the treatment ends.
Other situations may trigger the statute of limitations to be paused. For instance, if a victim has been legally disabled for a specific period of time, and an action is accrued. In these cases, the statute of limitations is likely to be reinstated once the disability is removed or after the date the injury could reasonably have been discovered.
A New York personal injury attorney can help you understand the statute of limitations and take legal action within the time frame that is specified. Understanding the statute of limitations is also important when working with other parties as well as the insurance company of the responsible party.
Damages
In most cases, injury claims award victims compensation for financial losses caused by an accident. They can also be used to pay for future medical expenses, both short-term and long-term. Special damages are what they are known as. Other damages are not so easily quantifiable and are referred to as general damages. These damages may include the following: pain and suffering, defamation and loss of consortium.
Special damages compensate victims for specific expenses that can be easily documented, and a dollar amount allocated such as hospitalization, medication, and lost wages. The amount of money recouped for these items are often determined by receipts, invoices and expert opinions about their actual worth.
Non-economic damages can be subjective and difficult to quantify. They are any emotional distress and inconvenience resulting from an injury. This is why it's crucial to choose an attorney for personal injuries who is knowledgeable and experienced in this area of personal injury law. The compensation for general damages can be large and could have a significant impact on the victim's standard of life.
In seeking general damages, your lawyer will usually look for evidence that demonstrates the effects of the injury or illness on your day-to-day activities and the effect it has had on 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 up a new job due to an illness or injury.
General damages can also be awarded for any loss of enjoyment of your past lifestyle, including emotional and physical pain. Defense attorneys and insurance companies typically minimize or deny these types of damages, however an experienced attorney can protect your rights.
Contact us for a complimentary consultation if you've been injured in an accident, at work, or due to medical negligence. Our attorneys in Long Island can handle all aspects of your claim while you focus on regaining your health. We'll collaborate with insurance companies to reach an acceptable settlement and file the appropriate documents within the statute of limitations.
Preparation
It's important that you stay involved in the process as your lawyer is preparing to make your claim. You'll have to keep a list of all the medical providers that you visit, any out-of the pocket expenses you incur as well as the number of days that you missed work because of your injuries. Keep a log of all damages so that your attorney make sure that your Demand covers all losses that are eligible.
Insurance adjusters will also use your medical records and other documentation to assess your claim. It is important to remember that the adjusters work on behalf of their employers and are seeking ways to reduce the amount you might receive for your injuries. They will search for evidence that suggests you are exaggerating your claims or are not following the advice of your doctor.
Your injury attorney can collate all of the evidence and present it to the insurance adjusters in a compelling way. The insurance company could settle your claim quickly and for a fair amount provided it is presented properly. Alternatively, the case could be argued to trial. It is important that your lawyer prepares your case so that it is ready for trial if required.
A trial lawyer has a lot of experience in personal injury cases, which includes presenting them in front of jurors. They can take your case to a jury confidently, knowing that they'll be able argue your case convincingly and effectively. Arlington Heights injury lawyers of your lawyer's presentation can make or ruin your case, regardless of whether the defendant is an insurance company or an person.
Making a Claim
When an accident occurs when you are involved in an accident, you must file a claim with the party responsible. You can make an action against the person who hit or injured you in an accident.
This can be done by sending a demand note that includes details regarding the incident and your injuries. It also lists the financial losses, like medical expenses and lost wages. If you can prove that someone else was negligent, reckless or careless, your insurance company may agree to pay for damages.
The amount you receive will depend on the severity and length of your injuries. For instance, a fractured arm may not have as much impact on your life as an injury to your spinal cord. This is why it's essential to undergo full medical examinations and follow-up treatments.
Your lawyer can help determine a fair value for your losses. They will look over your medical records, receipts and bills and provide information on your income loss. They will also assess your pain and suffering which is determined by the extent of your injuries. The amount is usually determined by multiplying the economic damages by a number between 2 and 5.
Inform your insurance company as fast as you can. If you're involved in a motor vehicle crash that means you must contact the insurance company of the other driver within 24 hours. In other cases you'll 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 notify the Workers' Compensation Board if your injury is a result of work. You'll need to fill out the form C-3.
Consult an experienced injury lawyer immediately after a serious incident. This will ensure that you do not miss any important deadlines or make a mistake when the process of submitting your claim. A good lawyer can be a valuable asset in negotiating with the insurance company to ensure maximum compensation. They can even be employed on a contingent basis, meaning you pay nothing upfront and only if they win your case.