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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. In order to receive the full amount of damages, it is important to keep track of your losses meticulously. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages cover the future and past medical expenses and lost wages. You Tube covers the pain and suffering you endured and the loss of companionship. Statute of Limitations If you have been injured because of a negligent negligence or action It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations of time can differ according to the state and claim type and are typically subject to specific or limited exemptions. For instance, in New York, if you are seeking to file a lawsuit relating to injuries sustained in an automobile accident the statute of limitations for these kinds of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help determine the statute of limitation applicable to your case and ensure that it is filed in time. An experienced lawyer can review your case to determine if there are extensions or waivers that may be possible. It is important to note that even the statute of limitations has run out but you might still be able to make claims for compensation related to your injuries, like workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can advise you of all the options available. In most instances, the statute of limitations begins to run from the date of the incident that caused you injury. In some instances, like exposure to toxic materials or medical malpractice, the statute of limitation does not begin until you are aware that you would have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations is “tolled” or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz 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 for this is “damages.” There are two kinds of damages that are general and special. General damages are meant to compensate you for your losses such as medical expenses as well as lost wages and discomfort and pain. Special damages can include funeral expenses and emotional stress. If your loved one passed away due to reckless conduct by a third party, you could be able recover damages for wrongful death. A court must establish four elements in order to determine the party responsible for your injuries such as breach of duty, causation and damages. To establish a duty the defendant must be under an obligation under law to act responsibly in a particular situation. Negligence is the inability to fulfill this duty. The injury you suffered was directly caused by a violation of this obligation. To be eligible for damages, the injury must have caused severe harm or significant damage. A car accident resulting in a severed hand would cause significant medical expenses and most likely the loss of income. The defendant's careless or reckless actions directly contributed to the injury. A wrongful death claim could be a result of the funeral and burial costs for your loved one as well as emotional trauma that your family or you felt. Non-financial damages are more difficult to determine. Your attorney will employ various methods to calculate the value of your suffering and pain. Keep a journal to record your daily pain level as well as how your injuries have affected you mentally as well as physically. This will help prove your case. Insurance companies typically undervalue the damages of their clients to avoid paying higher settlements. In some rare instances you may be able to obtain punitive damages to punish the party who was negligent. The damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly obscene. These types of compensations are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression, or a conscious indifference to the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your case is heard in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases however, the parties will agree to settle the matter outside of court. This allows them to avoid the time and expense of a trial. It also allows victims to receive their compensation sooner than they would if they waited for the trial process to complete. The settlement for personal injuries will include the economic as well as other damages. The former include costs like medical expenses, lost wages, and property damage. The latter covers aspects such as pain, suffering and loss of enjoyment of your life. Calculating a dollar value for these damages can be difficult however an attorney can help you determine the value of your injuries. Insurance companies will usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable amount of compensation. You'll likely receive a counter-offer by the insurer, which is usually lower than the amount you requested. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries. If you have an appropriate legal claim, the settlement will typically cover your medical bills and other out-of-pocket expenses related to the accident. In some instances, your settlement will also include compensation for any future treatments that your doctor believes you will need due to your injury. 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 awarded to spouses and children who suffer because of the loss of a loved one in an accident caused by another person's negligence. Punitive damages are possible in the event that the defendant is determined to have been negligent. This kind of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with an attorney for personal injuries one should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of property damage or income loss in your claim. If the parties are unable reach an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the claimant's account of the events, explain how the actions of the defendant harmed them, and request relief in the form of monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a specific time frame in which to respond. In this process both sides will go through the discovery phase in which each side will investigate the other's claims and defenses. This can take a significant amount of time and likely require a significant amount of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They will also be able to assist in the calculation of damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company could accept, decline or counteroffer the offer. It is crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. The right attorney will be able to go through all the evidence to verify that your losses are compensated. They can also help you reduce unnecessary expenses and track the amount of money you're entitled. New York law allows for each person to be compensated for their share of the responsibility in cases where more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will help you select an expert who can provide testimony to back your case. Based on the circumstances of a case, it may be decided out-of-court or at trial.