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7 Steps to File Personal Injury Claims Each personal injury case is different dependent on the circumstances and the facts of each incident. Most cases follow a common pattern. Personal injury claims are for medical expenses, future medical treatments damages to property and wages. Intangible damages such as pain and suffering are difficult to calculate, however an experienced lawyer will help you determine if the person who caused the injury is responsible for all your damages. Statutes of Limitations If someone is injured because of the negligence of another, the victim may seek compensation from the negligent party through an insurance claim. It's important to remember that there are limitations in law on the time that victims have to file a lawsuit in the event of personal injuries. If a suit has not been filed within the required time period, the victim will lose the right to damages. Contacting an attorney for personal injuries as soon as possible is important to ensure that deadlines are observed. Depending on the state of the claim and the nature of the claim the statute of limitation could be one to six years. For example, defamation tort cases and claims against minors generally have a shorter period of limitations than medical malpractice and car accident claims. In most states, a statute of limitations starts to expire when an injured person realizes or reasonably should have recognized that they have been injured, and is aware (or should have known) that somebody else is at fault. This law can make it harder to bring a suit against a government institution because it could take longer to identify the cause than in a typical case of injury. Certain states have their own rules for the process of discovery. It is best to speak to a knowledgeable attorney if you need more details. Statutes of Misrepresentation A claim of misrepresentation occurs when someone makes false information to someone else that a reasonable person could believe. For example, suppose you underwent surgery, and a surgeon accidentally left a sponge inside the site of your incision. The mistake was discovered one year after the incident however it did not cause any symptoms or adversely affect your health. personal injury lawyers may be able recover damages if you prove that the misrepresentation was negligent. Generally speaking, the statute of limitations begins on the date that you suffered harm or was aware of the harm. The law allows for an exception to the rule if the person was unaware of their rights or possibility of harm. A judge will decide the extent to which your ignorance is reasonable. For instance, if your real estate agent told you that your neighbors were noisy at night and it could disturb your sleep but you had no reason to believe it, then you cannot claim that you didn't know about this information. Insurance Coverage In many personal injury lawsuits insurance is often used to cover medical expenses and other costs. Certain insurance policies also offer insurance for lost income as well as funeral expenses. These types of expenses are usually referred to as economic damages. The value of these expenses can be calculated using one of a variety of methodologies. A lawyer can help clients from the Palm Coast and Ormond Beach areas calculate these damages and ensure that their claim covers all costs relevant to the claim. If you are involved in a car accident and suffer bodily injury, the bodily liability insurance could cover a portion of your medical expenses, dependent on how the insurer defines fault and whether you have PIP benefits or a different no fault coverage. Certain states require this type of coverage on your auto policy. A personal injury lawsuit could create a lot of stress for the victim especially when it's followed by legal fees and other related expenses. The majority of auto and home owners are covered for damage to their property. This type of coverage pays for the repair or replacement of damaged objects covered by an insurance policy regardless of who was responsible. In many cases, insurance companies attempt to limit the amount of compensation that they can offer for these claims. personal injury lawyer near me is why it's recommended to have an attorney at your side in any discussions with an insurance company.