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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. It is crucial to document your losses to receiving full damages. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages are the costs of your past and future medical expenses, as well as lost wages. It also covers your suffering and pain and the loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent action, you should start a lawsuit as soon as possible. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ according to the state and claim type, and are often subjected to special or limited exemptions. For example in New York, if you are seeking to file a lawsuit relating to injuries caused by an auto accident the statute of limitation for these types of cases is three years. For civil actions that involve 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 knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to keep in mind that even if the statute of limitations has run out, you may still be able to make claims for compensation that relate to your injuries, such as 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 advise you of the options available. In most cases, the statute of limitations starts to run from the date of the incident which caused your injury. However, in certain situations, such as exposure to toxic substances or medical negligence, the statute of limitations will not begin to run until you realize or should have known that your injury was the result of a negligent act. This is called the discovery rule. There are some rare situations where the statute of limitations is “tolled”, or suspended. These cases are factual and require an experienced personal injury lawyer to evaluate. If you've suffered injury because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us for 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 kinds of damages: general and special. General damages are designed to compensate you for costs resulting from your injury, such as medical bills, lost income and pain and suffering. Special damages may include funeral costs and emotional distress. If a loved one passed away due to the reckless conduct of another, you can also recover damages for wrongful death. To hold the party responsible accountable for your injuries, a court must determine four elements that include breach, duty, damages and causation. To establish a defendant's obligation, they must be legally bound to act in a responsible manner in the particular situation. Negligence is the inability to fulfill this duty. You Tube suffered was directly resulting from a breach of this duty. The injury must have caused significant damage or caused serious harm in order to be eligible for damages. A car accident resulting in a severed hand would result in significant medical expenses and most likely the loss of income. The injury was caused directly by the defendant's negligent or reckless actions. 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 suffered. Non-financial damages are more difficult to calculate. Your attorney will use different methods to determine the worth of your pain. Keep a journal of your daily pain level and how your injuries affect you mentally as well as physically. This can help you to support your claim. Insurance companies often undervalue the damages of their clients to avoid paying higher settlements. In rare instances your lawyer can pursue punitive damages, which are intended to penalize the party who was negligent. These damages can only be awarded if a jury or judge finds the defendant's actions to be outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or a conscious disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you receive. If your claim is contested in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases parties, however to settle outside of the courtroom. They are able to avoid the time and expense of an in-court trial. This also allows victims to receive their compensation sooner than should they wait for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter covers 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 usually offer a settlement before your case goes to trial. They will review the evidence you have collected and determine what they feel your claim is worth. You might be required to submit a letter of demand, along with the evidence you have provided and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from the insurance company, which is usually less than what you asked for. Your attorney will then negotiate an equitable settlement with the insurer. If you have a valid claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket associated with the accident. In some instances the settlement could also include a portion of any future treatment your doctor predicts 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 type of compensation is typically granted to spouses and children who have suffered as a result of the death of a loved one during an accident caused by another's negligence. Punitive damages are possible when the defendant is found to have been particularly negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in similar reckless behaviors. Filing a Lawsuit After a person has spoken with an attorney for personal injury and has been advised collecting evidence of their losses. This may include documents like medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim. If the parties cannot agree on a settlement, the plaintiff's attorney may bring an action against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them, and request relief in the form of monetary compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being sued. The defendant is given a specific time frame in which to respond. In this phase the parties will go through the discovery process where they look into the claims and defenses of the other. This could be a lengthy process that may require lots of documents. A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company could accept, decline or counteroffer the offer. It is essential to have an attorney who is familiar with the law in order to protect your rights and maximize your recovery. A good lawyer can go through all the evidence to ensure that your losses are being compensated. They can also assist you to cut out unnecessary expenses and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each of them to recover the amount they owe. An experienced attorney can assist in workers compensation cases. Certain personal injury cases could require the use experts in fields like medicine, economics, and engineering. Your lawyer can assist you in locating an expert who can provide testimony to help your case. Depending on the circumstances of the case, it can be resolved outside of court or at trial.