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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential for obtaining full damages. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages are the cost of your past and future medical expenses, as well as lost wages. It also covers the pain and suffering and loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful act, you must file a lawsuit as soon as possible. www.youtube.com of limitations are legal time limits that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These time limits can vary depending on the state and claim type and are usually subject to limited or special exemptions. For example in New York, if you want to bring a lawsuit for injuries sustained in an automobile accident, the statute of limitations for these cases is three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help determine the time limit applicable to your 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 that are in effect. You should be aware that even the time your statute of limitations has passed, you could 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 an attorney about your case as soon as possible to ensure that they can inform you of all options. In most cases, the statute of limitations begins to run from the date of the underlying incident that led to your injury. However, in certain situations, such as exposure to toxic substances or medical malpractice, the statute of limitations does not start to run until you realize or ought to have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to look into. The attorneys at Littman & Babiarz can assist you if you were injured as a result of an unintentional act of another. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party who is 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 the costs resulting from your injury, including medical bills, lost income, and pain and suffering. Funeral costs and emotional distress may be included in special damages. If your loved one has died due to reckless behavior by a third party, you could be able to recover the cost of wrongful death. A court must establish four elements to determine who is responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty, the defendant must have an obligation under law to behave responsibly in a specific situation. Negligence is the failure to perform this duty. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused substantial damage or serious injury to qualify for damages. A car accident that causes an injured hand could cause significant medical expenses, and most likely a loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one and emotional pain you or your family members have suffered. Non-financial damages can be more difficult to determine. Your attorney will use a variety of methods to calculate the value of your suffering and pain. Keep a diary to document your daily pain level and how your injuries have affected you mentally as well as physically. This will help support your claim. Insurance companies often undervalue these damages in order to avoid paying more settlements. In rare instances the attorney may seek punitive damages, which are intended to penalize the party who was negligent. These damages are only available if jurors or judges believe that the conduct of the defendant was particularly outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To get these additional damages, you must demonstrate 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 decided will determine the amount of compensation that you receive. If your claim goes to trial the jury will determine how much to award you for your losses and injuries. In a lot of cases, however, parties agree to settle their claims outside of the courtroom. They are able to avoid the lengthy and expense of the court trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. The former includes expenses like medical costs loss of wages, property damage. The latter include things like suffering and loss of enjoyment of life. Placing a monetary value on these damages is usually difficult, but an attorney can help determine what your injuries are worth. Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will look over the evidence you have collected and determine what they feel your claim is worth. You may have to submit an offer letter, which includes your evidence and a request for the appropriate compensation amount. You'll likely receive a counter-offer from your insurer, which is usually lower than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurer. If you have a valid claim the settlement will pay your medical expenses as well as other out-of pocket expenses due to the accident. In certain cases, your settlement may also include compensation for any future treatment that your doctor estimates that you will require as a result of the. 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 given to children or spouses who suffered as a result of the death of a loved ones as a result of an accident caused by negligence of someone else's. Punitive damages are possible when the defendant is found to have been negligent. This type of compensation is intended to punish the defendant and discourage others from engaging in similar reckless behavior. Filing an action After contacting an attorney for personal injuries, a person should begin accumulating evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Include evidence of damage to property or lost income in your claim. If the parties are unable to 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 outline the claimant's account of the events, explain how the actions of the defendant hurt them, and request relief in the form of monetary compensation. A summons will also be filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant then has a certain amount of time to respond. In this phase each party will complete the discovery process where they investigate the claims and defenses of the other side. This can take a significant amount of time and likely involve a lot of documentation. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is crucial to hire an attorney who knows the law in order to protect your rights and maximize recovery. An experienced attorney will be able to look through all the evidence available to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and help you to keep track of all the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each of them to recover for their part of the responsibility. A skilled lawyer can also assist with workers' compensation claims. Certain personal injury cases could require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer can assist you in locating experts who can provide testimony to support your case. Based on the specifics of a case, it can be resolved outside of court or in a trial.