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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. To receive full damages, it is important to keep track of your losses meticulously. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages include the cost of your past and future medical expenses as well as lost wages. Also covered are pain and suffering as well as loss of companionship. Statute of limitations If you've been injured by a negligent act or negligence, it is important that you act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limits that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and type of claim, and are usually subject to special or limited exceptions. For example in New York, if you want to file a lawsuit over injuries sustained in an auto accident the statute of limitations for these cases is three years. For other civil actions involving negligence like medical malpractice and product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help you determine the time limit applicable to your case and ensure it is filed in a timely manner. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to keep in mind that even when the statute of limitations has expired, you may still be able to file additional claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your case, so that they can provide you with the various options that are available. In the majority of cases, the statute of limitations starts to run on the date of the underlying incident that caused your injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you realize or should have known that your injury was the result of a negligent act. This is referred to as the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are extremely specific and should be examined by a knowledgeable personal injury lawyer. Littman & Babiarz's attorneys can assist you if you have been injured by another person's wrongful behavior. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are meant to pay for the losses you have suffered such as medical expenses or lost wages, as well as discomfort and pain. Special damages may include funeral expenses and emotional stress. If your loved one passed away due to reckless behavior by another person, you could be able to claim the cost of wrongful death. To hold the responsible party accountable for your injuries, a court must establish four elements that include breach, duty, damages and causation. To establish a defendant's obligation, they must be legally bound to behave responsibly in the specific situation. Failure to meet this obligation is called negligence. A breach of this duty is a direct cause for the injury you sustained. To qualify for damages the injury must have caused significant harm or significant damage. For instance an accident in a car which resulted in a fractured arm could result in substantial medical expenses, and most likely the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one, as well as emotional stress you or your family experienced. The non-financial damages are more difficult to quantify. Your lawyer will employ different methods to determine the value of your suffering and pain. Keep a diary to document your pain levels throughout the day and how your injuries affect you mentally physical, emotionally, and physically. This will help prove your case. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's behavior was especially outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or a conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your claim is contested, a jury will determine the amount you will be awarded for your losses and injuries. In many cases however the parties will agree to settle their dispute outside of court. They are able to avoid the time and expense of an in-court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former covers costs like medical expenses, lost wage and property damage. The latter include things such as suffering, pain and the loss of enjoyment your life. You Tube of determining a value for these damages is usually difficult however an attorney can help determine the value of your injuries. Insurance companies usually offer a settlement to settle your claim before it goes to trial. They will review the evidence you've collected and determine what they think your claim is worth. You may be required to provide a letter of demand, together with evidence and an offer for a reasonable compensation amount. The insurer is likely to send you a counter-offer, which is often lower than the amount you request. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate legal claim, your settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In some cases the settlement could also include a portion of any future treatment your doctor estimates that you'll require due to 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 kind of compensation is usually awarded to spouses and children who suffer due to the loss of a loved one during an accident caused by someone else's negligence. Punitive damages are possible when the defendant is found to have been negligent. This type of compensation is intended to punish the defendant and deter others from engaging in similar reckless behavior. Filing an action Once a person has contacted an attorney for personal injuries the next step is collecting evidence of their losses. Documents like medical records, police reports, and insurance policies may be included. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement the attorney for the plaintiff may start an action against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for 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 the time to respond. During this phase the parties will go through the discovery process where they investigate the claims and defenses of the other side. This can take a significant amount of time, and will likely require a significant amount of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept or decline the offer it, or counter-offer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. A competent lawyer can go through all of the available evidence to confirm that you are compensated for each loss. They can also assist you to reduce unnecessary expenses and keep track of the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Your lawyer will help you select experts who can testify to support your case. Depending on the circumstances of a case, it may be resolved outside of court or in a trial.