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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. The process of documenting your losses is vital to receiving full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are a result of your past and future medical costs and lost wages. It also covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful action, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations of time can differ according to the state and claim type, and are often subjected to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries sustained in a car accident the statute of limitations are three years. The time limit 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 you determine the statute of limitations applicable to your case, and ensure that it is filed in time. A lawyer with experience will analyze your case to determine if there are any extensions or waivers that might be possible. It is important to note that even when the time limit has passed however, you may be able to file other claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your case, so that they can advise you of the options that are available. In the majority of cases, the statute of limitations begins to run on the date of the underlying incident that led to your injury. However, in certain situations like exposure to toxic substances or medical malpractice the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations has been “tolled” or suspended, however these circumstances are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. Littman & Babiarz's attorneys can assist you if you were injured as a result of an unintentional act of another. Contact us today for your free consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two groups of damages which are: general and specific. General damages are meant to compensate you for losses associated with your injury, which includes medical bills, lost income, and suffering and pain. Funeral costs and emotional distress could be included in the special damages. If your loved one has died due to reckless conduct by a third party, you could be able to recover wrongful death damage. browse this site must establish four elements to determine who is responsible for your injury such as breach of duty, causation, and damages. To establish the duty, the defendant must have a legal obligation to act responsibly in a specific circumstance. A failure to fulfill this obligation is known as negligence. A breach of this obligation is a direct cause for the injury you sustained. To qualify for damages, the injury must have caused significant damage or injury. For example a car crash that resulted in a severed arm would result in significant medical expenses, and most likely a loss of wages. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional stress you or your family suffered. Non-financial damage is more difficult to quantify. Your attorney will use different methods to determine the amount of your pain. Keep a journal to record your pain levels throughout the day and how your injuries affect you mentally as well as physically. This can help you to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances, your attorney can seek punitive damages, which are meant to punish the negligent party. The damages can only be awarded when the judge or jury finds the defendant's behavior to be particularly outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To get these additional damages, you need to show to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or a conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case is decided. If your case is heard in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases the parties will agree to settle their dispute outside of court. They can avoid the time and cost of a court trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be completed. A personal injury settlement covers both economic and non-economic damages. The former covers costs such as medical expenses as well as lost wages and property damage. The latter include things such as suffering, pain, and the loss of enjoyment your life. It isn't always easy to determine a dollar amount on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies usually offer an agreement to settle your case prior to it goes to trial. They will examine the evidence you have gathered and determine how much they consider your claim. You may be required to provide a letter of demand, along with your evidence and a request for a suitable compensation amount. You'll likely receive a counter-offer by the insurer, which is typically less than what you asked for. Your attorney will then negotiate an acceptable settlement with the insurer. If you have a valid claim the settlement will cover the cost of your medical treatment and other out-of pocket expenses associated with the accident. In some instances, your settlement may also include compensation for any future treatment that your doctor believes 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 kind of compensation is usually granted to spouses and children who are suffering as a result of the loss of a loved one in an accident caused by another person's negligence. You could also be awarded punitive damages if the defendant is found to be negligent in particular. This kind of compensation is intended to punish the defendant and deter others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with an attorney for personal injury, a person should begin collecting documentation of their losses. This can include documents such as medical records, police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties are unable to reach an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for monetary compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being sued. The defendant then has an appropriate amount of time to reply. During this phase each party will complete the discovery process in which they investigate the claims and defenses of the other. This can be a lengthy process and could require a great deal of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company can accept, deny or counteroffer the offer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your payout. A competent lawyer can go through all evidence available to ensure that you are paid for every loss. They can also help you cut out unnecessary expenses and keep track of the amount you're entitled to. New York law allows for each person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases might require experts from fields such as economics, medicine, and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Based on the circumstances of a case, it can be decided outside of court or at trial.