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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. The process of documenting your losses is vital to receiving full damages. Keep an eye on all medical expenses as well as out-of pocket costs. Economic damages are the cost of your current and future medical expenses and lost wages. It also covers suffering and pain as well as loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a wrongful act, you should start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has expired. The time limitations vary by state and claim type and they are often subject to specific or limited exceptions. For instance in New York, if you want to bring a lawsuit for injuries that result from 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 wrongful deaths. A lawyer can help you determine the time limit that applies to your case and ensure it is filed in a timely manner. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that may be available. It is important to keep in mind that even if the statute of limitations has expired however, you may be able to file additional claims for compensation relating to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to consult an attorney about your case as soon as possible, so that he or she can advise you of all options. In the majority of instances, your statute of limitations starts to expire on the date of the incident that led to your injury. However, in some situations like exposure to toxic substances or medical negligence, the statute of limitations does not start to run until you have realized or should have known that your injury was the result of a negligent action. This is referred to as the discovery rule. There are rare circumstances in which the statute of limitations is “tolled” or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can help you if you have been injured by the negligence of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. Damages is the legal term used to describe this. There are Resource of damages: general and special. General damages are intended to compensate you for your losses like medical bills, lost wages, and pain and discomfort. Special damages could include funeral costs and emotional stress. If a loved one died because of another's reckless behavior, you can also recover wrongful death damages. To hold the party responsible accountable for your injuries the court must establish four elements which are breach, duty, causation and damages. To establish the duty of a defendant, they must be legally bound to behave responsibly in the specific circumstance. A failure to fulfill this obligation is called negligence. The injury you suffered was directly caused by a breach of this duty. The injury must have caused significant damage or caused serious harm to qualify for damages. A car crash that results in an injury to the hand could result in significant medical expenses and, most likely, loss of income. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one, and emotional pain you or your family members have suffered. Non-financial damage is more difficult to determine. Your lawyer will employ a variety of methods to determine the value of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries have affected your mental, physical and emotional well-being could help support your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In rare cases you may be able to obtain punitive damages to punish the responsible party. These damages are only granted when a jury or judge finds the defendant's conduct to be particularly obscene. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To obtain these additional damages your lawyer must demonstrate that the defendant was acting with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your claim is tried, a jury will determine the amount you will be awarded for your losses and injuries. In many cases however the parties will reach an agreement to settle their dispute outside of court. They are able to avoid the lengthy and expense of an in-court trial. It also allows victims to receive their compensation sooner than they would have if they waited for the trial to be completed. The settlement for a personal injury includes both economic and other damages. The former covers expenses like medical costs loss of wages, property damage. The latter include aspects like pain and suffering and the loss of enjoyment of 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. Typically an insurance company will usually offer a settlement prior to the case goes to trial. They will look over the evidence you've gathered and determine how much they consider your claim. You may have to file a demand letter, which is accompanied by evidence and a request for the appropriate compensation amount. The insurance company will likely make a counter-offer which is usually lower than your requested amount. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate legal claim, the settlement will generally cover medical expenses and other out-of-pocket expenses related to the accident. In some cases, your settlement may also include compensation for any future treatment that your doctor believes you'll require due to 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 are suffering because of the loss of a loved one during an accident caused by someone else's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been particularly negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in reckless behavior. Filing an action After a person has spoken with an attorney for personal injuries and has been advised to gather documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim. If the parties fail to reach an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this stage the parties will go through the discovery process, where they examine the claims and defenses of the other party. This could take a considerable amount of time and likely require a lot of documentation. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in calculating damages. They may also request an equitable settlement from the insurance company. The insurance company could accept the offer, decline it, or counter-offer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your recovery. The right attorney will be able to look through all the evidence available to verify that your losses are compensated. They can also weed out unnecessary expenses and help you to keep track of the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their share of responsibility. A knowledgeable lawyer can also assist with workers' compensation claims. Certain personal injury cases could require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Depending on the facts of a case, it can be resolved outside of court or in a trial.