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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims receive fair compensation. To receive full damages, it is essential to keep track of your losses meticulously. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages cover your future and past medical costs and lost wages. Also, it covers pain and suffering as well as 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 begin a lawsuit as quickly as possible. Statutes of limitations are legal time limitations that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. The time limitations vary by state and type of claim and are usually subject to special or limited exceptions. In New York, for example when you want to file a lawsuit for injuries that result from a car crash, the statutes of limitations are three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death the statute of limitations is two years. A lawyer can assist you in determining the statute of limitation that applies to your particular case, and ensure that it is filed in time. A lawyer with experience will examine your case to determine if there are extensions or waivers that might be available. It is important to note that even if the statute of limitations has expired but you might still be able to file additional claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. However, it is best to consult with an attorney about your case as soon as possible and so that he or she can inform you of the options available to you. In most cases, your statute of limitations starts to begin running from the date of the incident that led to your injury. In some situations, like exposure to toxic substances or medical malpractice, the limitation period is not established until you realize or could have realized that your injury was caused by a negligent act. This is called the discovery rule. There are also a few exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you were injured as a result of the negligence of another. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages which are: general and specific. General damages are meant to compensate you for your losses such as medical expenses as well as lost wages and pain and discomfort. Special damages may include funeral expenses and emotional distress. If your loved one died because of reckless behavior by another person, you could be able recover the cost of wrongful death. A court must establish four elements in order to determine who is responsible for your injuries that result from a breach of duty, causation, and damages. To establish a duty, the defendant must have the legal obligation to act responsibly in a particular situation. Negligence is the failure to meet this duty. The injury you sustained is directly resulting from a breach of this duty. To be eligible for damages the injury must have caused significant harm or significant damage. For instance, a car accident which resulted in a fractured arm could result in substantial medical expenses, and most likely a loss of wages. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim might be a result of the funeral and burial expenses for your loved one as well as emotional distress that you or your family suffered. Non-financial damages are harder to calculate. Your lawyer will employ a variety of methods to determine the amount of your pain. Keeping a journal of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could help support your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's conduct was particularly outrageous. These types of compensations are typically awarded in the case of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant acted with malice, willful or fraud, as well as oppression or a conscious disregard for the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your case is heard in court, a jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however to settle their claims outside of the courtroom. They are able to avoid the time and expense of an in-court trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things such as suffering and pain, as well as the loss of enjoyment. Placing a monetary value on these damages is often challenging, but an attorney can help you determine what your injuries are worth. Typically an insurance company will usually offer a settlement before your case goes to trial. They will review the evidence you've amassed and determine how they value your claim. You may need to file a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurance company will likely send you a counter-offer, which is usually less than the amount you requested. Your attorney can then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an appropriate legal claim, the settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some instances, your settlement may also include compensation for any future treatment your doctor believes 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 usually granted to children or spouses who have suffered due to the death of their loved ones due to an accident caused by the negligence of another. You Tube are possible if the defendant is found to have been negligent. This kind of payment is designed to penalize the defendant and prevent others from engaging in similar reckless actions. Filing a Lawsuit After contact with a personal injury attorney, a person should begin collecting documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include evidence of damage to property or income loss in your claim. If the parties cannot agree on a settlement, the plaintiff's attorney may file an action against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant harmed them and ask for relief in the form of financial compensation. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant will then have the time to respond. In this process each side will complete the discovery phase where each side will investigate the other's claims and defenses. It can be a long process that may require lots of documents. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They will also be able to assist in calculating damages. They can also demand an equitable settlement from the insurance company. The insurance company could accept the offer, reject it, or offer a counteroffer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your recovery. A good lawyer will be able to look through all the evidence to verify that your losses are being compensated. They can also eliminate unnecessary expenses and help to keep track of the amount you are entitled to receive. New York law allows for everyone to be compensated for their share of the responsibility if more than one party is accountable for an accident. A knowledgeable attorney can help with workers claims for compensation. Some personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the situation, some cases might go to trial while others will settle out of the court.