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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages cover your past and future medical costs and lost wages. Also, it covers the pain and suffering you endured and the loss of companionship. Statute of Limitations If you've been injured by the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by state and type of claim, and they are often subject to specific or limited exceptions. For example in New York, if you are seeking to file a lawsuit over injuries caused by an auto accident the statute of limitations for these types of cases is three years. For other civil actions involving negligence such as medical negligence and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your case, and ensure that it is filed in time. A lawyer with experience can review your case to determine if there are any extensions or waivers that may be available. It is important to keep in mind that even the time limit has passed however, you may be able to make claims for compensation related to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to consult an attorney about your case as soon as possible, so that he or she can provide you with the options available to you. In the majority of instances, your statute of limitations will expire on the date of the incident that caused you injury. In some instances, like exposure to toxic materials or medical malpractice, the statute of limitation does not begin until you recognize, or reasonably should have known, that your injury was result of a negligent act. This is known as the discovery rule. There are some rare situations where the statute of limitation is “tolled”, or suspended. These cases are factual and require a knowledgeable personal injury attorney to analyze. If you've been injured by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to arrange a free consultation. Damages The goal of a personal injury lawsuit is to receive financial compensation from the person responsible for your injury. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are meant to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Funeral expenses and emotional stress can be incorporated into special damages. If a loved one passed away due to the reckless conduct of another, you can also recover damages for the wrongful death. To hold the party responsible accountable for your injury, a court must establish four elements which are breach, duty, causation and damages. To establish the duty the defendant must be under an obligation under law to behave responsibly in a particular situation. Negligence is the inability to fulfill this duty. The injury you suffered was directly caused by a violation of this obligation. To be eligible for damages the injury must have caused serious harm or caused significant damage. 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 caused the injury. A wrongful death claim might involve the funeral and burial expenses for your loved one and emotional trauma that your family or you suffered. The non-financial damages are more difficult to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a journal of your daily pain level as well as how your injuries have affected you mentally as well as physically. This can help you support your claim. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages are only available if jurors or judges believe that the defendant's conduct was particularly outrageous. These types of compensation 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, you must prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression, or a conscious indifference towards the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you receive. If your claim is tried in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases parties, however, they agree to settle outside of court. This lets them save the time and money of a trial. It also allows victims to collect their compensation earlier than should they wait for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former include costs like medical expenses, lost wages and property damage. The latter includes aspects like pain, suffering and loss of enjoyment of your life. It can be difficult to quantify the value on these damages, but an experienced attorney can assist you in determining the worth of your injuries. Typically, an insurance company will offer an agreement before your case goes to trial. They will review the evidence you've gathered and decide what they believe your claim is worth. You may have to submit an official demand letter that is accompanied by your evidence and a request for an appropriate compensation amount. The insurer is likely to make a counter-offer which is usually lower than your requested amount. Your attorney will then negotiate a fair settlement with the insurer. If you have a valid legal claim, the settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In some instances your settlement could include a portion of any future treatment your doctor predicts you'll 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 awarded to spouses and children who suffer due to the death of a loved one in an accident caused by another's negligence. You may also receive punitive damages if you were found to be particularly negligent. This kind of payment is intended to penalize the defendant and discourage others from engaging in reckless behavior. Filing an action After making contact with a personal injury attorney the client should begin accumulating evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Documentation of lost income or property damage should also be included in an insurance claim. If the parties cannot agree on an agreement, the plaintiff's attorney may start a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for an amount of money. A summons is also issued and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant has a limited amount of time in which to respond. During this stage the parties will go through the discovery process in which they examine the defenses and claims of the other. This can take a significant amount of time and will likely require a lot of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and collecting evidence. They are also able to assist in calculating damages. They can also demand an appropriate settlement from the insurance company. The insurance company can accept, reject or counter-offer the offer. It is crucial to hire an attorney who is knowledgeable of the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney will be able to look through all the evidence available to ensure that your losses are being compensated. They can also assist you to cut out unnecessary expenses and keep track of the amount of money you're entitled. If more than one person is responsible for the accident, New York law allows each of them to recover for their part of the responsibility. An experienced attorney can help with workers claims for compensation. YouTube may require experts from fields like economics, medicine, or engineering. Your lawyer will help you select a specialist who will be able to provide evidence to support your case. Based on the circumstances, some cases might be tried in court, while others will settle out of the court.