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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. Documenting your losses is essential for obtaining full damages. Keep an eye on the medical expenses and out of expenses out of pocket. Economic damages include the costs of your past and future medical expenses and lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you should start a lawsuit as soon as possible. Statutes of limitation are legal time limits 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 specific or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash, the statutes of limitations are three years. For other civil actions involving negligence such as medical negligence, product liability and wrongful death the statute of limitation is two years. A lawyer can assist you determine the statute of limitations applicable to your case and ensure 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 be aware that even the time your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so they can advise you of the options that are available. In the majority of cases, your statute of limitations begins to begin running from the date of the incident that caused you injury. However, in some situations such as exposure to harmful substances or medical negligence the statute of limitations does not begin to run until you realize or reasonably should have realized that your injury was the result of a negligent act. This is referred to as the discovery rule. There are some rare situations where the statute of limitations is “tolled” or suspended. These situations are highly factual and require a skilled personal injury attorney to analyze. If you have been hurt due to someone else's wrongful behavior, the lawyers at Littman & Babiarz can help. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are designed to compensate you for your losses, such as medical bills as well as lost wages and discomfort and pain. Special damages may include funeral expenses and emotional distress. If your loved one has died due to a reckless act of another, you can also recover damages for the wrongful death. A court must establish four factors to find the responsible party liable for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty of a defendant, they must be legally bound to behave responsibly in the particular circumstance. Negligence is the failure to meet this duty. The injury you sustained is directly caused by a breach of this obligation. To be able to claim damages, the injury must have caused severe damage or injury. For instance, a car accident which resulted in a fractured arm would result in significant medical expenses, and most likely a loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A claim for wrongful death could involve the funeral and burial costs for your loved one, as well as the emotional trauma that you or your family felt. Non-financial damage is more difficult to determine. Your attorney will employ different methods to calculate the worth of your suffering and pain. Maintaining a log of your daily pain levels and how the injuries affected your physical, mental and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In some cases your lawyer can seek punitive damages, which are designed to punish the negligent party. These damages are only available if the judge or jury believes that the conduct of the defendant was especially outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, or malicious actions, and nursing home abuse. In order to receive these additional damages, you need to demonstrate to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression or a conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case will be resolved. If your case is heard by a jury, the jury will decide how much you are awarded for your losses and injuries. In many cases parties, however to settle their claims outside of court. They can avoid the time and expense of an in-court trial. It also allows victims to receive their compensation earlier 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 as well as lost wages and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment of life. It can be difficult to quantify the value on these damages, however an experienced attorney can help you determine the value of your injuries. Typically, an insurance company will offer an agreement before your case goes to trial. They will review the evidence you have gathered and determine how much they consider your claim. You may be required to send an official demand letter that includes your evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer from your insurance company, which is usually lower than what you requested. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate claim the settlement will cover the cost of your medical treatment and other expenses out of pocket related to your accident. In certain cases, your settlement may also include a portion of any future treatment that your doctor estimates that you'll 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 are suffering as a result of the death of a loved one during an accident caused by another's negligence. You may also receive punitive damages if you were found to be negligent in particular. This type of compensation is intended to punish the defendant and prevent others from engaging in similar reckless behavior. Filing an action After a person has spoken with an attorney for personal injury, they should begin collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties are unable to come to an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being sued. The defendant then has an appropriate amount of time to reply. During this stage the parties will go through the discovery process where they examine the claims and defenses of the other side. This could take a considerable amount of time and will likely involve a lot of documents. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. Home are also able to assist in calculating damages. They may also request a fair settlement from the insurance company. The insurance company can accept, decline or counter-offer the offer. It is crucial to have an experienced lawyer to protect your rights and maximize your compensation. A competent lawyer can go through all of the available evidence to verify that you are being compensated for every loss. They can also assist you to eliminate unnecessary costs and track the amount of money you're entitled. New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one party is accountable for an accident. A knowledgeable attorney can assist with workers' compensation cases. Certain personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the circumstances, certain cases could go to trial, while others will settle out of the court.