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How to Prepare a Personal Injury Claim If you are injured during an accident, you should seek compensation for medical expenses, suffering. This will allow your injuries to heal and allow you to move into your normal life. Personal injury laws vary from one state to the next. Also, there is the statute of limitations, or time limit within which you are able to file a claim. Damages Damages are the money you may receive as compensation for harm that you suffered as a result someone else's negligence. These damages can include medical expenses loss of income, property damage and more. The extent of your injuries and the amount you be awarded is determined by the severity of your injuries. Based on the facts of your case, and the circumstances surrounding the accident, a judge or jury will decide on what you're entitled to. Your lawyer will help you determine your damages and negotiate with the insurance company or court on your behalf. personal injury lawsuit decatur of your damages will depend on the severity of your injuries and how they have affected your life. In certain situations the possibility of punitive damages can be possible. These are meant to punish the defendant for their egregious conduct and prevent them from repeating their actions in the future. Economic damages, like the loss of wages or a decrease in your earning capacity are simple to prove. They can also be the major source of your financial losses, which is why it is essential to keep accurate records of every time you missed work or suffered an inability to earn. It can be difficult to determine special damages such as pain and suffering. If you have your doctor's reports of your injuries along with any supporting documentation the attorney can provide you with a rough estimate. The type of damage is usually calculated using a multiplier method which is also known as the per-diem method. It considers the days that you were away from work or experienced extreme pain, and multiply them by a percentage, typically 1.5 to five times the actual damage. The amount of damages you receive can be a lot dependent on the severity of your injuries and the pain they cause. A qualified personal injury lawyer can help you determine the specific damages and make sure that you're getting the compensation you are entitled to for all your losses. Statute of Limitations If you've suffered an injury or suffered an injury, you may be eligible to file a lawsuit against the person or company responsible for your injuries. The statute of limitations, a law which limits the time that you are able to sue, is a limitation. The purpose of a statute of limitations is to motivate plaintiffs to file their claims as soon as possible and before evidence becomes obsolete. Every state has its own statute of limitations for personal injury claims. It may also differ for different kinds of injuries. For example, in some states, the deadline for filing a defamation case is longer than for medical malpractice cases or for making a claim against a government agency, such as the City of New York. The statute of limitations for personal injury claims in the majority of states begins to run on date the claimant is aware of or could reasonably have realized their injuries. This is referred to as the “discovery Rule.” However, there are exceptions to this rule, such as when someone was living in a rental home which exposed them to asbestos. Children who have been injured could be subject to specific rules. The statute of limitations doesn't begin to run until they reach 18 so it's not typical for them to be protected. A seasoned personal injury lawyer will assist you determine when the statute of limitation will begin to run in your case and help you file your claim before it expires. Certain states have a “pause” or “extension” to the statute of limitations. This can be caused by a variety of circumstances, like if the defendant left the state for an extended period of time following the accident that caused your injury or in the event that you were minor or had any mental impairment at the time of the accident. In spite of these exceptions it is generally accepted that personal injury claims are subject to a time limit from the date the claim is filed in the court. If you have questions about your case, speak with a New York personal injury attorney at Goidel & Siegel. Preparing a Claim You'll want to begin making your claim for compensation as soon as possible following an accident. This will help you receive the highest amount of financial compensation for your losses that include economic and noneconomic losses including medical bills, pain and suffering, loss of earnings and more. Your legal team can help you in making your claim by analyzing your personal circumstances and determining the amount you're entitled to. The amount of compensation you receive will be contingent on a variety of factors such as the severity of your injuries as well as the extent of the damage you've sustained. The damages you suffer will also include the cost of your rehabilitation and medical treatment. For example, if you have broken bones or an amputation the cost of your treatment will be substantial. In order to file personal injury claims, you'll need to provide specific evidence to back your claim. This includes documentation from doctors visits and reports of treatment and receipts for all your expenses. If you have an insurance policy, the insurer might be willing to pay for these costs. However, you'll need to engage an experienced public adjuster or lawyer who is specialized in obtaining insurance settlements. In certain cases it is necessary to hire experts to analyze the damage and determine its root cause. Experts can testify in court or present an opinion in writing on the cause of your damage. An attorney can often help you identify these expert witnesses. The lawyer can also tell you on whether your claim stands a good chance of winning in court. One of the biggest issues when preparing a personal injury claim is determining the value of the non-economic damage you've sustained. This is a reference to any physical or emotional trauma you have suffered, such emotional stress, pain, suffering, and disfigurement. Because these damages are not directly linked to an underlying dollar amount which is why it can be difficult to estimate their monetary value. It is best to hire an experienced personal injury lawyer who can help you evaluate these damages accurately so that you can get the most money-back for your injuries. How do you file a claim? Before filing a claim, it is important to read your insurance policy and the specific terms of coverage. This will allow you to determine whether your loss or injury is covered. It may also aid you in avoiding costly delays when you are resolving your claim. The next step is to make a claim with the insurer when it is convenient. You can do this online, over the phone or in writing. Be sure to verify that the form is complete and contains all the information that you have. You'll also need photos of any injuries, property damage or other pertinent details. Once your claims adjuster has all the required details, you should expect to receive a payment within a few weeks of filing your claim. The check will be used to pay for your accident-related expenses. However your state might have limitations on the time that you can file a claim. In order to claim a settlement you'll need evidence of the harm or injury that you sustained, as well as an estimate of how much the cost will be to settle your case. This will typically involve submitting an official proof of loss form that requires you to list the damages you have suffered which include property damage as well as medical bills. Then, your attorney will write the settlement demand letter which will be sent to the insurance company. The letter will outline your damages and asks the insurance company make you an offer. Your lawyer will assess your damages in an objective and fair way. This includes assessing your losses and weighing the costs of a lawsuit to recover these, as well as non-economic damages, like suffering and pain. A personal injury case is an official process which means it could take many years to settle and longer to go through trial. Each side will have their own ideas about how much they are willing to pay for an injury. Your lawyer will often seek to settle the case prior to it goes to court. This can be achieved through an array of “back-and-forth” negotiations between the parties to attempt to reach an agreement. Most personal injury cases are settled before going to trial.