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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. The process of documenting your losses is vital to receiving full damages. Keep an eye on the medical expenses and out of the pocket expenses. Economic damages include the cost of your past and future medical expenses, as well as lost wages. It also covers the pain and suffering you endured and the loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you must begin a lawsuit as quickly as possible. Statutes of limitation are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. These time limits can vary depending on the state of origin and the type of claim, and are often subjected to limited or special exemptions. For example, in New York, if you are seeking to file a lawsuit relating to injuries caused by an auto accident the statute of limitations for these cases is three years. For civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that it is filed on time. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to be aware that even if your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to consult with an attorney regarding your case as soon as you can, so that they can provide you with all your options. In the majority of instances, the statute of limitations starts to expire on the date of the incident that caused your injury. However, in some situations like exposure to harmful substances or medical negligence the statute of limitations will not start to run until you have realized or reasonably should have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are also a few rare circumstances when the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you were injured as a result of the negligence of another. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person responsible for your injury. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are designed to compensate you for costs resulting from your injury, such as medical bills, lost income, and suffering and pain. Special damages could include funeral costs and emotional stress. If your loved one has died because of reckless behavior by another person, you could be able recover damages for wrongful death. A court must establish four elements to find the responsible party liable for your injuries: duty, breach of duty, causation, and damages. To establish a defendant's obligation to be legally bound to act responsibly in the particular circumstance. In the event of a breach of this obligation is referred to as negligence. The injury you sustained is directly caused by a violation of this duty. To be able to claim damages the injury must have caused significant damage or injury. For instance, a car accident that caused a broken arm could result in substantial medical expenses and possibly the loss of wages. The defendant's reckless or negligent actions directly led to the injury. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional distress you or your family members have endured. The non-financial damages are more difficult to calculate. Your lawyer will employ various methods to determine the value of your suffering and pain. Keep a journal of your daily pain level as well as how your injuries have affected you physically physical, emotionally, and physically. This can help you to support your claim. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages are only available when jurors or judges believe that the defendant's behavior was especially outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. In order to receive these additional damages, you must show to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim is tried by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In many cases, however, parties agree to settle outside of court. This allows them to save the time and money of a trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former include costs like medical expenses, lost wage and property damage. The latter include things such as pain, suffering and loss of enjoyment of your life. It can be difficult to quantify the value on these damages, but an experienced attorney can assist you in determining the worth of your injuries. Typically, an insurance company will usually offer a settlement before your case goes to trial. They will examine the evidence you've gathered and determine what they feel your claim is worth. You may be required to submit a letter of demand, along with the evidence you have provided and an offer for a reasonable compensation amount. The insurance company will likely send you a counter-offer, which is usually lower than the amount you request. Your attorney will 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 associated with the accident. In certain instances, your settlement will also include compensation for any future treatments that your doctor believes you'll require because 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 usually given to children or spouses who have suffered because of the loss of a loved ones as a result of an accident that was caused by negligence of someone else's. You may also receive punitive damages if the defendant is found to be particularly negligent. This type of compensation is designed to punish the defendant and discourage others from engaging in reckless conduct. Filing an action After a person has spoken with an attorney for personal injury and has been advised to gather documentation of their losses. This may include documents like medical records as well as police reports and insurance policies. Documentation of loss of income or property damage should also be included in the claim. If the parties are unable to reach 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 outline the claimant's version of events, outline how the actions of the defendant harmed them, and request relief in the form of financial compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant will then have the time to respond. In this stage, both parties will complete the discovery process in which they examine the claims and defenses of the other side. This could be a lengthy process and could require an extensive amount of documentation. try this out can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept the offer, reject it, or counter-offer. It is essential to have an attorney who knows the law in order to protect your rights and maximize your recovery. A good lawyer will be able to look through all the evidence to confirm that your losses are compensated. They can also assist you to cut out unnecessary expenses and track the amount you're entitled to. New York law allows for each person to be compensated for their part of the blame if more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases could require the use experts in fields like economics, medicine, and engineering. Your lawyer will assist you in selecting an expert who will be able to provide evidence to help your case. Depending on the circumstances of a case, it could be resolved outside of court or in a trial.