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How to Prepare a Personal Injury Claim You must seek compensation for any injuries you have sustained during an accident. This will allow your injuries to heal and allow you to move through your day. Personal injury laws vary from one state to the next. Also, there is the statute of limitations or time period within which you are able to file a claim. Damages Damages are funds you could receive as compensation for harm you sustained as a result of someone else's negligence. These damages can include medical expenses, lost earnings, or property damage. The amounts you can collect from your personal injury claim are based on the severity of your injuries. A judge or jury will determine what you're entitled to, based on the facts of your situation and the circumstances surrounding your injury. Your lawyer will assist you in making a calculation of your damages as well as negotiating with the court or insurance company on your behalf. The amount of your damages will depend on the severity of your injuries and how they have affected your life. In some cases you may be able to obtain punitive damages. They are designed to penalize the defendant for their reckless conduct and prevent them from doing something similar in the future. It is simple to prove economic losses like lost wages or an increase in your earning capacity. They could also constitute a large part of your losses, which is why it is important to keep good records about any time you have missed work or experienced an inability to earn. It isn't always easy to determine specific damages like pain and suffering. If you have the doctor's report of your injuries along with any supporting documentation, your lawyer will be able to give you an estimate. This type of injury is usually determined using a multiplier system that is also referred to as the per-diem method. It takes into consideration the days you were off from work or suffered extreme pain, and multiply the number by a percentage, generally 1.5 to five times your actual damages. The amount of these damages may differ greatly depending on how severe your injuries are and the amount of suffering you'll endure as a result. A qualified personal injury lawyer can help you calculate your special damages and make sure that you receive the compensation you deserve for all your losses. Statute of Limitations You might be able to file a lawsuit against the company or the person accountable for your injuries if you've been injured. However, a legal rule known as the statute of limitations limits the time you can bring a lawsuit. The aim of the statute of limitations is to motivate plaintiffs to bring forward their claims as soon as they are able and before evidence becomes outdated. The time period for a statute of limitation with a personal injury claim differs in each state. It may also differ for different types of injuries. In certain states, the time period to file a defamation case is longer than that for medical malpractice cases, or to bring lawsuits against a government entity, like the City of New York. In most states the statute of limitation for personal injury claims starts to run on the date that the claimant discovers their injuries or could reasonably have discovered them. This is referred to as the “discovery rule.” There are exceptions to this rule, for example, those who were living in a rented home which exposed them to asbestos. There are also special rules that apply to children who suffer injuries and the statute of limitations generally will not start running until the age of 18 years old. A seasoned personal injury lawyer will help you determine the date when the statute of limitations will begin to run in your case and assist you make a claim before it expires. Certain states have certain states that have a “pause” or “extension” to the statute of limitations. This could result from a variety of circumstances, like whether the defendant was out of the state for a specified period of time after the accident caused your injury or if you were minor or had some type of mental disability at the time of the accident. In spite of these exceptions it is generally accepted that personal injury claims are subject to a statute of limitations as of the date that the claim is filed in the court. If you have any questions about your case, consult a New York personal injury attorney at Goidel & Siegel. Preparing a Claim It is crucial to begin creating your claim for damages the earliest time possible following an injury. This will allow you to get the highest amount of money for your damages. This includes both economic and non-economic damages such as medical bills, pain, suffering and wage loss. Your legal team can help you in the preparation of your claim by reviewing your personal situation and determining the amount you're entitled to. The amount of your compensation is contingent upon a variety factors, including the nature of your injuries and the injuries you've suffered. Your losses will also include the cost of medical and rehabilitation. For instance, if you have broken bones or amputation the cost of your treatment will be considerable. When submitting your personal injury claims, you'll need to provide detailed evidence to support your claim. This includes all documentation from doctor's visits, reports on treatment, and receipts for all expenses. If you have an insurance policy, the insurer might be willing to cover these expenses. You'll need to negotiate with a skilled public adjuster or a lawyer who is specialized in getting insurance settlements. In certain situations you'll have to engage experts to assess the damage and determine its underlying cause. Experts may appear in court and give an written report regarding the root of the damage. A lawyer will often assist you in identifying these experts. Additionally, the lawyer can help you determine whether or not your claim is likely to be winning in court. The most difficult aspect of preparing a personal injuries claim is determining the non-economic damages that you have sustained. This includes any emotional or physical trauma you've suffered like emotional stress, pain and suffering as well as disfigurement. The amount of money involved in these damages is difficult to estimate because they're not directly tied to an underlying dollar amount. It is best to work with an experienced personal injury lawyer who can help you determine the exact amount of damages so that you can get the most money-back for your injuries. Filing a Claim Before filing a claim it's essential to check your insurance policy and the specifics of coverage. This will not only help you understand whether your injury or damage is covered, but it may also help you avoid costly delays in settling your claim. Then, when the right time comes make your claim to your insurance company. You can do this online, by phone or in writing. Make personal injury law firm cary to check that the form has been complete and includes all the details you need. You'll also want to provide photographs of any injuries, property damage and other pertinent information. After your claims adjuster has received all the information and you're ready to receive a check within the first few weeks of filing your claim. The check will be used to pay for your accident-related expenses. However there may be an act that restricts the time that you can file an insurance claim. To file a claim, evidence of injury or damage is required, together with an estimate of the cost to settle your claim. This will typically involve submitting an evidence of loss form that requires you to list the damages you have suffered that you've suffered, which includes property damage and medical bills. Then, your lawyer will prepare the settlement demand letter which will be sent to the insurance company. This letter will outline your losses and request that the insurance company make you an offer. Your lawyer will evaluate your damages in a fair and objective way. This means assessing your losses and considering the costs of a lawsuit to recover these, as well as non-economic damages, such as suffering and pain. A personal injury case is an legal procedure that means it can take years to settle and even longer to go through trial. This is because each side has their own view of how much they're willing to pay for an injury. However, your attorney will often seek to settle the matter prior to it goes to court. This can be accomplished through several “back and forth” discussions, where both sides try to find a solution that will be acceptable for both parties. Most personal injury cases settle prior to going to trial.