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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. To be able to claim full damages, it is essential to document your losses carefully. Keep an eye on all medical expenses as well as out-of expenses out of pocket. Economic damages include your past and future medical expenses as well as lost wages. Also, it covers your suffering and pain as well as the 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 possible. Statutes of limitation are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations can differ depending on the state of origin and the type of claim and are usually subject to special or limited exemptions. For instance in New York, if you would like to bring a lawsuit for injuries caused by an automobile accident, the statute of limitations for these cases is three years. For other civil actions that involve negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitations applicable to your case, and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are extensions or waivers that may be possible. 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 advisable to speak with an attorney as soon as you can with regards to your situation, so that they can provide you with all the options available. In most instances, your statute of limitations begins to begin running from the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the limitation period is not set until you are aware or could have realized that your injury was result of a negligent act. This is known as the discovery rule. There are also a few exceptional situations where the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. Our lawyers at Littman & Babarz can assist you if were injured as a result of another person's wrongful behavior. Contact us today to arrange a free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the party accountable for your injury. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are meant to pay for the losses you have suffered like medical bills or lost wages, as well as pain and discomfort. Special damages may include funeral costs and emotional stress. If more info here loved one has died because of reckless behavior by a third party, you could be able to claim wrongful death damage. A court must establish four elements to find the responsible party liable for the harm you suffered such as breach of duty, causation and damages. To establish the duty, the defendant must have the legal obligation to act responsibly in a particular situation. Negligence is the inability to fulfill this obligation. A breach of this obligation is a direct cause for the injury you sustained. To be eligible for damages, the injury must have caused significant harm or caused significant damage. A car crash that results in an injured hand could cause 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 as well as emotional stress you or your family members have suffered. Damages that are not financial are more difficult to determine. Your attorney will use different methods to determine the value of your pain. Keep a record of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In rare instances the attorney may pursue punitive damages, which are meant to punish the negligent party. The damages can only be awarded if an arbitrator or jury determines the defendant's conduct to be outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant was acting with malice, willful or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your case goes to trial the jury will decide how much to award you for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. They are able to avoid the lengthy and cost of a court trial. It also allows victims to recover their compensation sooner than if they waited for the trial to conclude. A personal injury settlement covers both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter include aspects like suffering and loss of enjoyment. Calculating a dollar value for these damages is usually difficult however, an attorney can help determine the value of your injuries. Typically, an insurance company will typically offer an agreement before your case goes to trial. They will examine the evidence you have collected and determine how much they consider your claim. You may be required to submit a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. The insurer is likely to make a counter-offer which is usually lower than your requested amount. Your attorney will then negotiate an equitable settlement with the insurer. If you have an appropriate claim the settlement will pay the cost of your medical treatment and other out-of-pocket expenses related to the accident. In some cases the settlement could also include compensation for any future treatment your doctor believes you will require as a result. 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 awarded to spouses and children who suffer as a result of the loss of a loved one in an accident caused by someone else's negligence. Punitive damages may be awarded in the event that the defendant is determined to have been particularly negligent. This type of compensation is intended to punish the defendant and deter others from engaging in similar reckless behaviors. Filing an action After contact with an attorney for personal injuries, a person should begin collecting documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Documentation of loss of income or property damage must be included in a claim. If the parties cannot agree on an agreement, the plaintiff's attorney may start an action against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being accused of a crime. The defendant then has a certain amount of time to reply. During this phase the parties will go through the discovery process in which they look into the defenses and claims of the other side. This can take a significant amount of time and will likely require a lot of documents. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company could accept the offer, decline it, or offer a counteroffer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your compensation. An experienced attorney will be able to look through all the evidence to ensure that your losses are compensated. They can also weed out unnecessary expenses and help you to keep track of all the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases require the use of experts in areas like economics, medicine and engineering. Your lawyer will assist you in selecting a specialist who can provide testimony to back your case. Based on the circumstances, certain cases might be tried in court, while others will settle outside of the court.