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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. The process of documenting your losses is vital to receiving full damages. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages are the cost of your past and future medical expenses and lost wages. It also covers the pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time limits that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim, and are usually subject to special or limited exceptions. In New York, for example when you want to bring a lawsuit against injuries that result from a car crash, the statutes of limitations are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are any extensions or waivers that may be possible. It is important to know that even if your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised to speak an attorney about your case as soon as you can and so that he or she can inform you of all your options. In most cases, your statute of limitations starts to run from the date of the incident that led to your injury. In some instances, like exposure to toxic materials or medical malpractice the time limit is not established until you are aware that you could have realized that your injury is result of a negligent act. This is called the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These scenarios are factual and require a skilled personal injury lawyer to evaluate. Littman & Babiarz's attorneys can assist you if you have been injured due to the negligence of another. Contact us to schedule a 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 types of damages: general and special. General damages are intended to compensate you for expenses resulting from your injury, which includes medical bills, lost income and suffering and pain. Special damages can include funeral costs and emotional distress. If your loved one has died due to reckless behavior by another person, you could be able to claim wrongful death damage. To hold the person responsible accountable for your injuries, a court must determine four elements: duty, breach, causation and damages. To establish a defendant's duty, they must be legally bound to act in a responsible manner in the specific circumstance. Negligence is the failure to perform this obligation. www.youtube.com suffered is directly resulting from a breach of this obligation. To qualify for damages the injury must have caused significant damage or injury. A car accident resulting in an injury to the hand could result in substantial medical costs, and most likely loss of income. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional distress you or your family have endured. Damages that are not financial are more difficult to quantify. Your attorney will use different methods to determine the value of your pain. Keep a journal to record your daily pain level as well as how your injuries affect you mentally as well as physically. This can help you to support your claim. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In rare cases, you can seek punitive damages to punish the party who was negligent. These damages are only granted when an arbitrator or jury determines the defendant's behavior to be particularly outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant was acting with malice, wantonness, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your case is heard, a jury will determine the amount you're awarded for your losses and injuries. In a lot of cases, however, parties agree to settle outside of the courtroom. This allows them to save the time and money of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be completed. The settlement for personal injuries includes both economic and other damages. The former include expenses like medical costs loss of wages, property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment of your life. Placing a monetary value on these damages is often challenging however an attorney can help determine the value of your injuries. Typically an insurance company will typically offer a settlement before your case goes to trial. They will look over the evidence you have collected and determine how much they value your claim. You may be required to send an offer letter, which includes your evidence and a request for the appropriate compensation amount. You will most likely receive a counter-offer by the insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurer to reach an acceptable settlement for your injuries. If you have an appropriate legal claim, your settlement will generally cover medical expenses as well as other out-of-pocket expenses due to the accident. In some cases, your settlement may also include compensation for any future treatment that your doctor believes you will 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 kind of compensation is typically awarded to spouses or children who have suffered because of the death of a loved ones due to an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant is found to be especially negligent. This type of payment is intended to penalize the defendant and discourage others from engaging in reckless conduct. Filing an action After contact with an attorney for personal injury, a person should begin accumulating evidence of their losses. This may include documents like 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 or agreement, the attorney representing the plaintiff can file a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant, and request for an amount of money. A summons is also issued and personally served on the defendant, which is a notification that they are being sued. The defendant then has the time to reply. In this stage each party will complete the discovery process where they examine the defenses and claims of the other side. This can be a lengthy process that may require a great deal of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. They may also be able to demand a fair settlement from the insurance company. The insurance company may accept the offer, reject it, or counter-offer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your compensation. An experienced attorney will be able to go through all the evidence available to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and help to keep track of all the funds you are entitled receive. New York law allows for everyone to be compensated for their share of the responsibility if more than one party is responsible for an accident. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases might require experts from fields like economics, medicine, or engineering. Your lawyer will help you select experts who can provide testimony to support your case. Depending on the circumstances, some cases could go to trial while others settle out of the court.