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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep track of the medical expenses and out of pocket costs. Economic damages cover the cost of your current and future medical expenses as well as lost wages. It also covers the pain and suffering you endured, as well as the loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you must file a lawsuit as soon as possible. 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 can differ according to the state and the type of claim and are typically subject to special or limited exemptions. For instance in New York, if you want to bring a lawsuit for injuries caused by an auto accident, the statute of limitations for these kinds of cases is three years. For civil actions that involve 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 applicable to your case and ensure that the case is filed in time. A lawyer with experience can examine your case to determine if there are extensions or waivers that could be available. It is important to note that even when the statute of limitations has run out but you might still be able to make claims for compensation related to your injuries, such as workers compensation or 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 all the options available. In the majority of cases, the statute of limitations starts to run from the date of the incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice, the limitation period is not established until you recognize that you would have known that your injury is result of a negligent act. This is called 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 skilled personal injury lawyer to look into. If you've been injured because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two groups of damages: general and special. General damages are meant to compensate you for the expenses resulting from your injury, including medical bills, lost income, and suffering and pain. Special damages could include funeral costs and emotional distress. If your loved one has died due to a reckless act of another you may also be able to recover wrongful death damages. To hold the person responsible accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish a defendant's duty to act responsibly, they must be legally bound to behave responsibly in the given situation. In the event of a breach of this obligation is referred to as negligence. A breach of this duty is a direct cause of the injury you suffered. To be able to claim damages the injury must have caused severe harm or significant damage. For example an accident in a car that caused a broken arm would have substantial medical expenses, and most likely the loss of wages. The injury was caused directly due to the defendant's negligence 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 pain that you or your family experienced. Non-financial damages are more difficult to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Keeping a journal of your daily pain levels and how the injuries have affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases your lawyer can seek punitive damages, which are intended to punish the responsible party. The damages can only be awarded if an arbitrator or jury determines the defendant's behavior to be particularly obscene. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To get 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 disregard for the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your case goes to trial the jury will decide how much they will award you for your injuries and losses. In many cases, however, parties agree to settle their claims outside of the courtroom. This means they can avoid the time and cost of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to conclude. A personal injury settlement includes both economic and non-economic damages. YouTube include expenses like medical costs loss of wages, property damage. The latter include aspects like pain and suffering and the loss of enjoyment of life. Calculating a dollar value for these damages can be difficult however an attorney can help determine what your injuries are worth. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may be required to provide a letter of demand, together with evidence and an offer for a reasonable amount of compensation. The insurer is likely to make a counter-offer which is often lower than the amount you request. Your lawyer can negotiate with the insurer to reach an equitable settlement for your injuries. If you have an undisputed legal claim, your settlement will generally pay for medical bills as well as other out-of-pocket expenses due to the accident. In some instances the settlement could also include compensation for any future treatment your doctor predicts 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 because of the death of a loved one in an accident caused by another person's negligence. Punitive damages are possible if the defendant is found to have been particularly negligent. This kind of compensation is intended to punish the defendant, and discourage others from engaging in reckless conduct. Filing a Lawsuit Once someone has contacted 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 reach a settlement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will provide the claimant's argument, outline the actions of the defendant and request for monetary compensation. A summons is also filed and personally 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 phase, both parties will complete the discovery process where they investigate the claims and defenses of the other party. This could be a lengthy process that may require lots of documents. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company can accept, reject or counteroffer the offer. It is essential to have an attorney who knows the law in order to protect your rights and maximize your recovery. The right attorney can comb through all the evidence available to ensure that you are compensated for every loss. They can also assist you to reduce unnecessary expenses and track the money you're entitled to. New York law allows for every person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to testify and help support your case. Depending on the specifics of the case, it could be resolved outside of court or at trial.