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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. In order to receive the full amount of damages, it is essential to keep track of your losses meticulously. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages are the cost of your past and future medical expenses, as well as lost wages. Also covered are the pain and suffering and loss of companionship. Statute of limitations If you've suffered injuries due to someone else's negligence or wrongful act, you must file a lawsuit as soon as possible. Statutes of limitations are legal time limits that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ according to the state and claim type, and are often subjected to special or limited exemptions. For instance, in New York, if you would like to file a lawsuit over injuries that result from an auto accident, the statute of limitations for these types of cases is three years. For other civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitation is two years. A lawyer can help you determine the time limit that applies to your particular case and ensure that it is filed on time. An experienced lawyer can examine your case to determine if there are any extensions or waivers that might be available. It is important to be aware that even if your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so that they can inform you of the various options that are available. In the majority of instances, the statute of limitations starts to expire on the date of the incident that caused your injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice the statute of limitations does not start to run until you realize or ought to have realized that your injury was caused by the negligent action. This is referred to as the discovery rule. There are also a few exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can help you if you were injured as a result of another person's wrongful behavior. Contact us for a free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are meant to provide you with compensation for your losses like medical bills, lost wages, and pain and discomfort. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died due to reckless conduct by another, you may be able to claim wrongful death damage. A court must establish four elements in order to determine who is responsible for your injury such as breach of duty, causation and damages. To establish a defendant's duty, they must be legally bound to behave responsibly in the particular situation. Negligence is the failure to perform this duty. The injury you sustained is directly caused by a violation of this obligation. To be eligible for damages, the injury must have caused severe harm or significant damage. For example a car crash that caused a broken arm would result in significant medical expenses and possibly an interruption in wages. The defendant's reckless or careless actions directly led to the injury. A wrongful death claim might be a result of the funeral and burial expenses for your loved one, as well as the emotional trauma that your family or you suffered. The non-financial damages are more difficult to quantify. YouTube will employ different methods to calculate the worth of your suffering and pain. Keep a journal to record your daily pain level as well as how your injuries have affected you mentally physical, emotionally, and physically. This will help to support your claim. Many insurance companies undervalue the damages to avoid paying higher settlements. In some cases your lawyer can seek punitive damages, which are intended to penalize the party who was negligent. These damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim goes to trial the jury will decide how much they will award you for your losses and injuries. In a lot of cases parties, however, they agree to settle out of court. This lets them avoid the time and expense of a trial. Additionally, it allows victims to collect their compensation sooner than should they wait for the trial process to conclude. The settlement for a personal injury includes damages that are both economic and non-economic. The former covers costs such as medical expenses loss of wages, property damage. The latter includes aspects such as suffering and loss of enjoyment. Placing a monetary value on these damages can be difficult however, an attorney can help you determine what your injuries are worth. Typically an insurance company will typically offer a settlement before your case goes to trial. They will look over the evidence you have collected and determine what they think your claim is worth. You may be required to provide an official letter of demand along with the evidence you have provided and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your attorney will then negotiate an equitable settlement with the insurance company. If you have an appropriate claim the settlement will cover the cost of your medical treatment and other out-of-pocket expenses related to the accident. In certain cases your settlement could include compensation for any future treatment your doctor estimates that you will require as a result of the. In some cases, a settlement will include loss of consortium/companionship compensation if your injury led to the loss of a loved one. This type of compensation is typically granted to spouses and children who suffer as a result of the death of a loved one in an accident caused by another person's negligence. You could also be eligible for punitive damages if the defendant was found to be particularly negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with an attorney for personal injury, a person must begin collecting evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage must be included in a claim. If the parties are unable to come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them and ask for relief in the form of monetary compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being sued. The defendant will then have an appropriate amount of time to respond. During this process, both sides will complete the discovery phase in which each party investigates the defenses and claims of the other. It can be a long process and may involve lots of documents. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They can also to assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company may accept, deny or counter-offer the offer. It is vital to have an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. A competent lawyer can go through all of the evidence available to ensure that you are being paid for every loss. They can also eliminate unnecessary expenses and assist you to keep track of all the amount you are entitled to receive. New York law allows for every person to be compensated for their part of the responsibility if more than one party is accountable for an accident. A skilled attorney can also assist with workers' compensation cases. Some personal injury cases might require experts from fields such as medicine, economics, and engineering. Your lawyer will help you select a specialist who will be able to provide evidence to help your case. Depending on the facts of a case, it can be decided out-of-court or at trial.