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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. Documenting your losses is essential to receiving full damages. Keep track of the medical expenses and out of expenses out of pocket. Economic damages cover your past and future medical costs and lost wages. It also covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've suffered injuries due to someone else's negligence or wrongful action, you should file a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has expired. The time limitations can differ depending on the state of origin and claim type and are usually subject to specific or limited exemptions. In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitation that applies to your case and ensure that the case is filed on time. An experienced lawyer can review 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 expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to consult with an attorney regarding your situation as soon as you can and so that they can provide you with all options. In most cases, the statute of limitations begins to run on the date of the incident that led to your injury. However, in certain circumstances like exposure to toxic substances or medical negligence the statute of limitations does not begin to run until you realize or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury lawyer to look into. If you've been injured by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages that are general and special. General damages are meant to pay for the losses you have suffered such as medical expenses, lost wages, and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one has died because of reckless behavior by another, you may be able recover the cost of wrongful death. A court must establish four elements in order to find the responsible party liable for your injury that result from a breach of duty, causation and damages. To establish the duty of a defendant, they must be legally bound to behave responsibly in the specific situation. In the event of a breach of this obligation is known as negligence. The injury you suffered is directly caused by a violation of this obligation. The injury must have caused serious damage or serious injury to qualify for damages. A car crash that results in a severed hand would cause significant medical expenses and, most likely, loss of income. The defendant's reckless or careless actions directly caused the injury. A wrongful death claim might be a result of the funeral and burial expenses for your loved one, as well as the emotional distress that your family or you experienced. Damages that are not financial are more difficult to calculate. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your physical, mental and emotional well-being could aid in your claim for these damages. Insurance companies typically undervalue these damages in order to avoid paying more settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages can only be granted when the judge or jury finds the defendant's actions to be particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or an avowed indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case is heard in court, a jury will decide how much you are awarded for your injuries and losses. In many cases, the parties will agree to settle the matter outside of court. They can avoid the time and expense of a court trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be completed. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. It isn't always easy to quantify the value on these damages, however an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies typically offer settlements to settle your claim before it goes to trial. They will examine the evidence you have gathered and determine how much they consider your claim. You may need to file an offer letter, which is accompanied by evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate a fair settlement with the insurer. If you have an appropriate legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases the settlement could also include a portion of 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 granted to children or spouses who have suffered because of the death of a loved ones due to an accident caused by negligence of someone else's. YouTube are possible in the event that the defendant is determined to have been particularly negligent. This kind of payment is designed to punish the defendant and prevent others from engaging in similar reckless behaviors. Filing an action After contact with a personal injury attorney, a person should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties cannot reach a settlement the attorney for the plaintiff may file an action against the defendant. The complaint will outline the claimant's argument, outline the defendant's actions and ask for an amount of money. A summons is also filed and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given a certain amount of time to reply. During this process, both sides will complete the discovery phase where each side investigates the other's claims and defenses. This can take a significant amount of time, and will likely require a significant amount of documentation. A lawyer can help prepare for trial by arranging experts to testify and gathering evidence. They will also be able to assist in calculating damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company may accept the offer, reject it, or offer a counteroffer. It is vital to have an attorney who knows the law in order to protect your rights and maximize recovery. A good lawyer will be able to look through all the evidence available to verify that your losses are being compensated. They can also help you eliminate unnecessary expenses and help you to keep track of the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the blame if more than one person is responsible for an accident. A skilled attorney can also help with workers compensation cases. Some personal injury cases might require the assistance of experts in fields like economics, medicine, or engineering. Your lawyer will assist you choose the right expert to provide testimony and support your case. Depending on the facts of a case, it could be decided out-of-court or in a trial.