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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. To be able to claim 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 the cost of your past and future medical expenses and lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've been injured due to another person's wrongful act or negligence It is crucial to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time restrictions that protect the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These time limits vary by state and type of claim and they are often subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries caused by a car accident the statutes of limitation are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can help determine the statute of limitation applicable to your case, and ensure that it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to note that even when the time limit has passed but you might still be able to file additional claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. It is best to consult an attorney as early as you can regarding your case, so that they can inform you of all the options that are available. In most instances, your statute of limitations will expire on the date of the incident that led to your injury. However, in certain situations such as exposure to toxic substances or medical negligence the statute of limitations does not start to run until you have realized or reasonably should have realized 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 situations are highly factual and require an experienced personal injury lawyer to evaluate. The attorneys at Littman & Babiarz can assist you if were injured as a result of the negligence of another. Contact us for an appointment for a free consultation. Damages The goal of a personal injury lawsuit is to receive financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two types of damages: general and special. General damages are designed to compensate you for the expenses resulting from your injury, which includes medical bills, lost income and pain and suffering. Special damages can include funeral expenses and emotional stress. If your loved one died due to reckless conduct by another, you may be able recover wrongful death damage. To hold the party responsible accountable for your injury the court must establish four elements which are breach, duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the given situation. In the event of a breach of this obligation is referred to as negligence. The injury you suffered was directly resulting from a breach of this duty. The injury must have caused substantial damage or caused serious harm to qualify for damages. A car accident that causes an injury to the hand could cause significant medical expenses and, most likely, a loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one and emotional pain you or your family have suffered. Non-financial damages are more difficult to determine. Your attorney will employ various methods to determine the value of your pain and suffering. Keep a diary to document your daily pain level as well as how your injuries have affected you physically as well as physically. This will help to support your claim. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the responsible party. These damages can only be awarded when a jury or judge finds the defendant's behavior to be particularly outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To obtain YouTube must prove that the defendant committed the offense 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 that you receive. If your claim goes to trial, a jury will determine how much to award you for your injuries and losses. In many cases, the parties will agree to settle their dispute outside of court. They are able to avoid the lengthy and cost of a court trial. Additionally, it allows victims to collect their compensation sooner than have if they waited for the trial process to be completed. The settlement for personal injuries includes the economic as well as other damages. The former includes costs such as medical expenses loss of wages, property damage. The latter include things such as suffering, pain and the loss of enjoyment your life. Calculating a dollar value for these damages can be difficult however an attorney can help you determine what your injuries are worth. Insurance companies typically offer settlements to settle your case prior to it goes to trial. They will examine the evidence you've gathered and determine what they feel your claim is worth. You might be required to submit an official letter of demand together with evidence and an offer for a reasonable amount of compensation. Most likely, you will receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurer. If you have an undisputed legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In certain instances your settlement could include a portion of the future treatment that your doctor predicts you'll require as a result of 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 kind of compensation is usually awarded to spouses and children who are suffering due to the loss of a loved one during an accident caused by another's negligence. Punitive damages can be awarded when the defendant is found to have been particularly negligent. This type of compensation is designed to penalize the defendant and discourage others from engaging in similar reckless actions. Filing a Lawsuit After a person has spoken with an attorney for personal injuries and has been advised to collect evidence of their losses. Documents such as medical records, police reports and insurance policies may be included. Include documentation of damage to your property or lost income in your claim. If the parties are unable to come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will outline the claimant's account of the events, explain how the actions of the defendant hurt them and ask for relief in the form monetary compensation. A summons will also be filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant has a limited time frame in which to respond. In this process each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. This could take a considerable amount of time, and will likely require a significant amount of documents. A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They can also assist in calculating damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company could accept, decline or counter-offer the offer. It is important to have an experienced lawyer who can ensure your rights are protected and maximize your compensation. An experienced attorney will be able to look through all the evidence available to confirm that your losses are compensated. They can also assist you to reduce unnecessary costs and track the amount you're entitled to. If more than one person is liable for the accident, New York law allows each one of them to claim for their share of responsibility. A skilled attorney can also assist with workers claims for compensation. Certain personal injury cases could require the assistance of experts in areas like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Depending on the facts of the case, it can be decided out-of-court or in a trial.