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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of the medical expenses and out of the pocket expenses. Economic damages are a result of the future and past medical expenses as well as lost wages. Also, it covers your pain and suffering as well as the loss of companionship. Statute of Limitations If you've suffered injuries due to the negligence of someone else or by a wrongful act, you must start a lawsuit as soon as possible. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and claim type and they are often subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statutes of limitation are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can assist you in determining the statute of limitations that applies to your case and ensure that it is filed in time. An experienced lawyer can review your case to determine if there are any extensions or waivers that could be available. You should be aware that even when your statute of limitation has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to consult with an attorney about your situation as soon as you can to ensure that they can advise you of all your options. In the majority of cases, your statute of limitations will begin running from the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit does not begin until you realize, or reasonably would have known that your injury was caused by a negligent action. This is referred to as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These scenarios are factual and require a skilled personal injury lawyer to look into. The attorneys at Littman & Babiarz can assist you if were injured as a result of an unintentional act of another. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are designed to compensate you for the costs resulting from your injury, including medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress could be included in the special damages. If a loved one passed away because of another's reckless behavior, you can also recover wrongful death damages. A court must establish four factors to determine who is responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act in a responsible manner in the particular circumstance. Negligence is the failure to meet this duty. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused serious damage or serious injury in order to be eligible for damages. A car accident resulting in an injured hand could cause significant medical expenses and, most likely, loss of income. The defendant's careless or reckless actions directly led to 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 endured. Damages that are not financial are more difficult to calculate. Your attorney will employ various methods to calculate the value of your suffering and pain. Maintaining a log of your daily pain levels and how the injuries affected your mental, physical and emotional health can aid in your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In some cases, your attorney can pursue punitive damages. These are meant to punish the negligent party. The damages can only be awarded when the judge or jury finds the defendant's conduct to be particularly obscene. These types of compensations are typically awarded in the case of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages, your lawyer must prove that the defendant committed the offense with malice, willful or fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case will be resolved. If your claim is contested, a jury will determine the amount you will be awarded for your losses and injuries. In many cases parties, however, they agree to settle their claims outside of the courtroom. This lets them avoid the time and cost of a trial. It also allows victims to collect their compensation earlier than should they wait for the trial process to be completed. A personal injury settlement can include 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 aspects such as suffering and loss of enjoyment. Calculating a dollar value for these damages can be difficult however an attorney can help you determine what your injuries are worth. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you've amassed and determine how they value your claim. You may be required to send a demand letter, which is accompanied by your evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer from the insurer, which is typically lower than the amount you requested. You Tube can negotiate with the insurer to reach an equitable settlement for your injuries. If you have a valid legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include a portion of the future treatment that your doctor predicts you will need as a result of your injury. 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 death of a loved one in an accident caused by another's negligence. You could also be awarded punitive damages if you were found to be negligent in particular. This kind of compensation is intended to punish the defendant and deter others from engaging in reckless behavior. Filing an action Once a person has contacted an attorney for personal injuries, they should begin to collect evidence of their losses. This may include documents like medical records as well as police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties fail to reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the claimant's version, describe the defendant's actions and ask for monetary compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant has a limited time frame in which to respond. During this process both sides will go through the discovery phase, where each party investigates the other's claims and defenses. This could take a considerable amount of time and will likely require a significant amount of documentation. A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They will also be able to assist in the calculation of damages. They can also make an offer to the insurance company for a fair settlement. The insurance company could accept, decline or counter-offer the offer. It is crucial to hire an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all available evidence to verify that you are compensated for each loss. They can also help you cut out unnecessary expenses and keep track of the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each one of them to claim the amount they owe. A skilled attorney can also assist in workers' compensation cases. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Based on the facts of the case, it could be resolved outside of court or at trial.