How to Prepare a Personal Injury Claim If you're injured in an accident, you must seek compensation for medical expenses, pain and suffering This will help you recover from your injuries and get into the next phase of your life The law governing personal injury claims differs from state to state It also includes a statute of limitations, or time limit within which you are able to file a claim Damages Damages are the money you could receive as compensation for harm that you sustained as a result of someone who was negligent Damages can include medical expenses, lost income , and property damage The amount you can receive from your personal injury claim are based on the severity of your injuries A judge or jury will determine what you are entitled to receive in accordance with the facts of your case and the circumstances surrounding the injury Your lawyer will assist you in the calculation of your damages and negotiate with the insurance company or the court on your behalf The extent of your injuries, and the way they have affected you will determine the extent of your damages In some cases, punitive damages may also be possible These are intended to punish the defendant for their unjust behavior and deter them from doing something similar in the future Economic damages, like lost wages or a reduction in your earning capacity are simple to prove They can also be a large part of your damages That is why it is important to keep accurate records of every time you missed work or had an inability to earn Particular damages, such pain and suffering are difficult to calculate However, your attorney may give you an estimate if you have a doctor's note of your injuries, along with any other documentation supporting them The type of damage is often determined using a multiplier system which is also known as the per-diem method It takes into consideration the days you were off from work or had severe pain, and then multiplies them by a percentage usually 15 to five times the amount of damage you actually suffered The amount of damages that you can receive will vary in proportion to the severity of your injuries and the pain they cause A professional personal injury lawyer with experience can assist you in calculating your unique damages and ensure that you are compensated in the amount you require for all of your losses Statute of Limitations You may be able file a lawsuit against the person or company responsible for your injuries if you've suffered injuries However, a law known as the statute of limitations restricts when you can file a lawsuit A statute of limitations was established to encourage plaintiffs to file their claims as soon and as fast as they can, before the evidence becomes outdated The statute of limitations that is associated with a personal injury case is different in every state It also varies for different kinds of injuries For instance, in certain states, the time frame for filing a defamation case is longer than for medical malpractice cases, or for filing a claim against a government institution like the City of New York In most states, the statute of limitations for personal injury claims begins to expire on the date when the claimant is aware of their injuries or could reasonably have discovered them This is called the "discovery rule" There are exceptions to this rule, for example, those who were living in a rented home that exposed them to asbestos Children who are injured may be subject to specific rules The statute of limitations does not begin to run until a person turns 18, which is why it's not typical for them to be covered A skilled personal injury lawyer will assist you determine the date when the statute of limitations will start to run in your case , and will help you file your claim before it runs out Certain states have what's known as a "pause" or an "extension" of the statute of limitations This could be caused by a variety of factors, for instance, whether the defendant was out of the state for a certain period of time following the accident that caused the injury, or in the event that you were an under-age person or suffered from some mental impairment at the time of the underlying accident Other than these exceptions, it is generally accepted that personal injury claims are subject to a statute of limitations starting from the time the claim is filed in the court https//vimeocom/707206172 amp; Siegel in New York can assist you with any questions about your case Preparing a Claim It is recommended to begin the process of creating your claim for compensation as soon as possible after an accident This will allow you to get the highest amount of financial compensation for your losses This includes both economic and non-economic losses , such as medical bills, pain and suffering and loss of income Your legal team can help you in the preparation of your claim by reviewing your personal situation and calculating the amount you're entitled to The amount of your compensation is contingent on a variety of factors, including the severity of your injuries as well as the damages you've suffered The cost of your rehabilitation and medical treatment is also a factor in the monetary value of your damages The costs of treating broken bones or amputations will be significant When you file your personal injury claims you'll need complete evidence to support your claim This includes documentation of doctors visits and reports of treatment, as well as receipts for all expenses Your insurance provider might be willing to pay for the costs if you have an existing policy However, you'll need consult with an experienced public adjuster or lawyer who specializes in obtaining insurance settlements In certain instances experts may be required to examine the damage and determine the cause Experts can give written opinions or testify in court regarding the cause of your damage An attorney is often able to assist you in identifying these professional witnesses Additionally, the lawyer can help you determine whether or not your case has a good chance of winning in court One of the most difficult tasks in preparing a personal injuries claim is determining the amount of non-economic damage you've sustained This is a reference to any emotional or physical trauma you've suffered like emotional stress, pain and suffering, as well as disfigurement The monetary value of these damages is difficult to determine, as they aren't directly linked to a specific dollar amount It's best to work with an experienced personal injury lawyer who can help you evaluate these damages accurately so that you can get the maximum amount of money for your injuries How to File a Claim It is crucial to review the policy of your insurance company to know the conditions and terms of coverage before you file an claim This will not only aid you in determining if your injury or damage is covered, it could also aid you in avoiding costly delays in settling your claim The next step is to make a claim with the insurer when it is convenient This can be done online, by telephone or in writing Make sure that the form has been filled out completely and includes all the details you need Photos of property damage, injuries as well as other pertinent information will be required After your claims adjuster has received all the necessary information, you should expect to receive a check within the first few weeks after submitting your claim The check is meant to cover your expenses related to the accident, however it's important to note that your state might have a statute of limitation which governs when you are able to file an claim To file a claim evidence of damage or injury must be provided along with an estimate of the cost to settle your case This typically involves submitting an official proof of loss form that requires you to list all damages that you've suffered, including property damage and medical bills Your attorney will then prepare the settlement request letter, which will be sent to the insurance company The letter outlines the damages you have suffered and solicits the insurance company make you an offer Your lawyer will assess your damages in a fair and objective way This involves assessing your losses and weighing the costs of an action to recover them, as well as other damages that are not economic, like suffering and pain Personal injury claims are legally binding, which means that it can take several years to settle, and longer to go through trial Each side will have their own opinions about how much they are willing to pay for a particular injury However, your attorney will often seek to settle the matter prior to it goes to the court This is accomplished by the use of "back-and-forth" discussions between the parties to come to an acceptable settlement The majority of personal injury cases settle before they ever get to trial