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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. To be able to claim full damages, it is important to document your losses carefully. Keep an eye on all medical expenses and out-of pocket costs. Economic damages cover your past and future medical expenses as well as lost wages. It also covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you've been injured by a negligent negligence or action, it is important that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limitations that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has expired. These time limits can vary depending on the state and claim type and are typically subject to specific or limited exemptions. For instance, in New York, if you are seeking to file a lawsuit over injuries caused by an automobile accident, the statute of limitations for these types of cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person. A lawyer can help determine the time limit applicable to your case and ensure it is filed in a timely manner. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to note that even when the statute of limitations has run out but you might still be able to file other claims for compensation that relate to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to consult with an attorney about your situation as soon as you can, so that he or she can provide you with all options. In the majority of instances, your statute of limitations starts to begin running from the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the limitation period is not set until you realize or should have known, that your injury is caused by a negligent act. This is called the discovery rule. There are a few rare instances in which the statute of limitations is “tolled” or suspended. These cases are factual and require an experienced personal injury lawyer to look into. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury claim is to obtain financial compensation from the party accountable for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for expenses resulting from your injury, which includes medical bills, lost income, and pain and suffering. Special damages may include funeral costs as well as emotional distress. If a loved one died because of another's reckless behavior, you can also recover wrongful death damages. A court must establish four elements to determine who is responsible for the harm you suffered that result from a breach of duty, causation, and damages. To establish a duty, the defendant must have an obligation under law to be responsible in a specific situation. Failure to meet this obligation is known as negligence. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused serious damage or caused serious harm to qualify for damages. A car accident resulting in a severed hand would result in significant medical expenses, and most likely a loss of income. The injury was caused directly by the defendant's careless or reckless actions. A claim for wrongful death could be a result of the funeral and burial costs of your loved one and emotional trauma that you or your family experienced. Non-financial damages can be more difficult to determine. Your attorney will use a variety of methods to calculate the value of your suffering and pain. Keeping a journal of your daily pain levels and how the injuries affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements. In some cases, your attorney can pursue punitive damages, which are meant to punish the negligent party. These damages are only available if jurors or judges believe that the defendant's behavior was especially outrageous. www.youtube.com of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, wantonness, fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you receive. If your case goes to trial, a jury will decide what they will award you for your injuries and losses. In a lot of cases parties, however to settle their claims outside of the courtroom. They are able to avoid the lengthy and cost of an in-court trial. This also allows victims to collect their compensation sooner than they would have if they waited for the trial process to conclude. The settlement for a personal injury includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages and property damage. The latter covers aspects like suffering, pain, and the loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer can assist you in determining the value of your injuries. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will look over the evidence you've collected and determine how much they will consider your claim. You might be required to submit an order letter, along with the evidence you have provided and an appropriate compensation amount. Most likely, you will receive a counter-offer from your insurance company, which is usually lower than the amount you requested. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have a valid claim the settlement will cover the cost of your medical treatment and other out-of pocket expenses related to your accident. In certain cases your settlement could include compensation for any future treatment your doctor predicts you'll require as a result. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This kind of compensation is usually given to children and spouses who are suffering because of the loss of a loved one in an accident caused by someone else's negligence. Punitive damages are possible if the defendant is found to have been particularly negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit After contact with an attorney for personal injury the client must begin collecting evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should be included in an insurance claim. If the parties are unable to reach a settlement the attorney for the plaintiff may bring an action against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons will also be issued and personally served on the defendant, which is a notification that they are being sued. The defendant is then given a certain amount of time to reply. In this process both sides will go through the discovery phase where each side investigates the defenses and claims of the other. This can be a lengthy process and could require lots of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. They may also request a fair settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. An experienced attorney can go through all the evidence to confirm that your losses are compensated. They can also assist you to reduce unnecessary expenses and track the money you're entitled to. New York law allows for each person to be compensated for their part of the blame if more than one person is responsible for an accident. An experienced attorney can assist with workers' compensation cases. Certain personal injury cases require the use of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the facts of a case, it may be decided outside of court or in a trial.