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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping an eye on your medical treatment and out-of-pocket expenses. Economic damages include the costs of your past and future medical expenses, as well as lost wages. It also covers your pain and suffering as well as the loss of companionship. Statute of Limitations If you have been injured because of a negligent action or negligence It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations 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 restricted to certain or specific exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries that result from a car crash the statutes of limitation are three years. For other civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the time limit applicable to your case and ensure that it is filed in a timely manner. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to know that even when your statute of limitation has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as early as you can regarding your case, so that they can provide you with the options that are available. In most instances, the statute of limitations begins to run from the date of the incident that caused your injury. However, in some situations such as exposure to toxic substances or medical malpractice, the statute of limitations does not begin to run until you have realized or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also a few rare circumstances when 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 help you if you have been injured due to the negligence of another. Contact us for an appointment for a no-cost consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the party responsible for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for the losses associated with your injury, such as medical bills, lost income, and suffering and pain. Special damages can include funeral costs as well as emotional distress. If a loved one died because of another's reckless behavior, you can also recover wrongful death damages. To hold the responsible party accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a particular situation. Negligence is the failure to perform this duty. The injury you suffered is directly caused by a violation of this duty. The injury must have caused substantial damage or serious harm to be able to claim damages. A car accident that causes an injured hand could cause significant medical expenses and most likely a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim could be a result of the funeral and burial costs of your loved one, as well as the emotional distress that you or your family suffered. Non-financial damages can be more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a journal to record your daily pain level as well as how your injuries affect you mentally as well as physically. This can help you prove your case. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In some cases your lawyer can pursue punitive damages, which are intended to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly obscene. This type of compensation is usually awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To get 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 ruled will determine the amount of compensation you will receive. If your claim is contested, a jury will determine the amount you're awarded for your injuries and losses. In a lot of cases parties, however to settle their claims outside of court. They are able to avoid the time and cost of a court trial. This also allows victims to receive their compensation earlier than they would have if they waited for the trial process to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages and property damage. The latter covers aspects like pain, suffering and loss of enjoyment of your life. It can be difficult to put a monetary amount on these losses, but an experienced attorney can help you determine the value of your injuries. Insurance companies usually offer an agreement to settle your claim before it goes to trial. They will examine the evidence you've collected and determine how much they consider your claim. You may have to submit a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. The insurer will likely send you a counter-offer, that is typically lower than the amount you request. Your attorney can then negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have a valid claim the settlement will cover the cost of your medical treatment and other out-of pocket expenses associated with your accident. In some cases the settlement may also include compensation for future treatment that your doctor estimates you'll require 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 type of compensation is typically granted to children or spouses who suffered as a result of the death of a loved one as a result an accident that was caused by the negligence of another. Punitive damages may be awarded when the defendant is found to have been particularly negligent. Click Link of payment is designed to punish the defendant and deter others from engaging in similar reckless behaviors. Filing an action After a person has spoken with an attorney for personal injury, 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 evidence of damage to property or income loss in your claim. If the parties are unable come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a certain amount of time in which to respond. During this stage the parties will go through the discovery process where they examine 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 for expert witnesses and obtaining evidence. They can also assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company may accept or decline the offer it, or offer a counteroffer. It is crucial to hire an attorney who is familiar with the law to protect your rights and maximize recovery. A competent lawyer can go through all of the evidence available to ensure that you're being paid for every loss. They can also assist you to cut out unnecessary costs and track the amount of money you're entitled. New York law allows for every person to be compensated for their part of the blame if more than one party is responsible for an accident. A skilled attorney can also assist in workers claims for compensation. Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose the right expert to provide testimony and support your case. Based on the circumstances, some cases could go to trial while others settle out of the court.