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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep the track of all medical expenses and out-of pocket costs. Economic damages include the future and past medical costs and lost wages. It also covers your pain and suffering and the loss of companionship. Statute of limitations If you have been injured because of a negligent negligence or action it is imperative to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and claim type and are typically subject to specific or limited exceptions. For example, in New York, if you want to file a lawsuit relating to injuries that result from an auto accident, the statute of limitations for these types of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help determine the statute of limitations applicable to your case and ensure that 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 in your case. It is important to keep in mind that even when the statute of limitations has run out however, you may be able to file additional claims for compensation that relate to your injuries, like workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so they can inform you of the various options available. In the majority of cases, your statute of limitations begins to begin running from the date of the incident that caused you injury. However, in certain situations, such as exposure to toxic substances or medical negligence the statute of limitations will not start to run until you realize or should have known that your injury was caused by a negligent action. This is known as the discovery rule. There are also some instances 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 due to another person's wrongful behavior. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are designed to compensate you for losses associated with your injury, such as medical expenses, lost income and pain and suffering. Funeral costs and emotional distress could be included in the special damages. If your loved one died due to reckless behavior by a third party, you could be able recover wrongful death damage. To hold the party responsible accountable for your injuries the court must establish four elements that include breach, duty, damages and causation. To establish the duty of a defendant, they must be legally bound to act in a responsible manner in the given circumstance. Negligence is the failure to perform this duty. A breach of this obligation is the direct cause of the injury you sustained. The injury must have caused significant damage or caused serious harm to be able to claim damages. A car accident that causes an injury to the hand could result in significant medical expenses, and most likely loss of income. The defendant's reckless or careless actions directly contributed to the injury. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional stress you or your family members have experienced. Damages that are not financial are more difficult to determine. Your attorney will use a variety of methods to calculate the worth of your pain and suffering. Keep a record of your daily pain levels and how the injuries have affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. The damages can only be granted when an arbitrator or jury determines the defendant's behavior to be particularly outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or a conscious disregard for the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial the jury will determine how much they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle outside of court. This lets them avoid the time and cost of a trial. This means that victims can get their compensation sooner than the time they would have to wait for the trial to be completed. The settlement for a personal injury includes damages that are both economic and non-economic. The former covers expenses like medical costs as well as lost wages and property damage. The latter include things like pain, suffering and the loss of enjoyment your life. It isn't always easy to quantify the value on these damages, but an experienced attorney can help you determine the worth of your injuries. Insurance companies usually offer an agreement to settle your case before it goes to trial. They will examine the evidence you have collected and determine how much they value your claim. You may be required to provide a letter of demand, together with evidence and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from your insurance company, which is usually lower than the amount you requested. Your attorney can then negotiate an equitable settlement with the insurance company. If you have an appropriate claim, the settlement will cover the cost of your medical treatment and other out-of-pocket expenses due to the accident. In some instances the settlement could also include a portion of any future treatment that your doctor believes you'll 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 usually given to children and spouses who have suffered as a result of the loss of a loved one in an accident caused by another's negligence. Punitive damages are possible when the defendant is found to have been particularly negligent. This kind of payment is designed to punish the defendant and deter others from engaging in similar reckless actions. Filing a Lawsuit After making contact with an attorney for personal injuries the client should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim. If the parties are unable reach an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant, and request for monetary compensation. A summons is also filed and handed over to the defendant. It is a notification that they are being sued. The defendant is given a specific timeframe to respond. During this stage each party will complete the discovery process, where they examine the defenses and claims of the other party. This could be a lengthy process that may require a great deal of documentation. A lawyer can help to prepare for trial by arranging experts to testify and gathering evidence. They can also help calculate damages. They can also demand an appropriate settlement from the insurance company. The insurance company can accept, deny or counter-offer the offer. It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your recovery. A good lawyer will be able to look through all the evidence available to confirm that your losses are compensated. You Tube can also eliminate unnecessary expenses and help you to keep track of all the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A skilled attorney can also assist with workers compensation cases. Some personal injury cases may require the assistance of experts in fields like medicine, economics, and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Based on the circumstances, certain cases could go to trial, while others will settle outside of court.