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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. To receive full damages, it is essential to record your losses in a meticulous manner. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages include the costs of your past and future medical expenses as well as lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you have been injured by a negligent act or negligence, it is important to act swiftly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations of time can differ according to the state and the type of claim, and are often subjected to limited or special exemptions. In New York, for example when you want to file a lawsuit for injuries caused by a car accident, the statutes of limitations are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can assist you determine the statute of limitations that applies to your case and ensure it is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that may be possible. You should be aware that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to consult an attorney about your situation as soon as you can, so that they can inform you of all options. In most instances, the statute of limitations begins to expire on the date of the incident that led to your injury. However, in certain circumstances such as exposure to harmful substances or medical malpractice the statute of limitations will not start to run until you realize or should have known that your injury was caused by a negligent act. This is known as the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are highly fact-specific and must be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can help you if you have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the person responsible for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are designed to pay for the losses you have suffered such as medical expenses as well as lost wages and discomfort and pain. Special damages may include funeral costs as well as emotional distress. If a loved one died due to a reckless act of another you may also be able to recover wrongful death damages. A court must establish four factors to determine the party responsible for the harm you suffered such as breach of duty, causation, and damages. To establish the duty, the defendant must have an obligation under law to act responsibly in a specific circumstance. Negligence is the failure to perform this obligation. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused significant damage or caused serious harm in order to be eligible for damages. A car accident that causes an injured hand could result in substantial medical costs and, most likely, a loss of income. The defendant's reckless or careless actions directly led to the injury. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional stress you or your family have suffered. Non-financial damages can be more difficult to determine. Your lawyer will employ a variety of methods to determine the value of your pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you mentally, physically, and emotionally. This can help you support your claim. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages can only be awarded when the judge or jury finds the defendant's behavior to be outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To get these additional damages, you need to show to your lawyer that the defendant was acting with 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 tried, a jury will determine the amount you will be awarded for your injuries and losses. In many cases, however, parties agree to settle their claims outside of the courtroom. This allows them to avoid the time and expense of a trial. This also allows victims to recover their compensation earlier than if they waited for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical costs as well as lost wages and property damage. The latter include aspects such as suffering and loss of enjoyment. Calculating a dollar value for these damages is often challenging however an attorney can help determine what your injuries are worth. Typically an insurance company will offer a settlement prior to the case goes to trial. They will look over the evidence you've amassed and determine how they will consider your claim. You may be required to submit an official letter of demand along with the evidence you have provided and an appropriate amount of compensation. You'll likely receive a counter-offer from your insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid claim the settlement will cover your medical expenses and other out-of pocket expenses related to the accident. In some cases, your settlement may also include compensation for any future treatment your doctor estimates that 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 type of compensation is typically granted to spouses and children who suffer as a result of the loss of a loved one in an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant was found to be especially negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing a Lawsuit After a person has spoken with an attorney for personal injuries and has been advised to gather documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Documentation of loss of income or property damage should be included in an insurance claim. If the parties are unable reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them, and request relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being accused of a crime. The defendant is given a specific timeframe to respond. During this time each side will complete the discovery phase where each party investigates the defenses and claims of the other. This could take a considerable amount of time, and will likely require a significant amount of documentation. A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept the offer, reject it, or offer a counteroffer. It is essential to hire an experienced lawyer to protect your rights and maximize your payout. An experienced attorney will be able to look through all the evidence available to verify that your losses are compensated. Las Vegas injury lawyers YouTube can also help you cut out unnecessary expenses and keep track of the amount you're entitled to. New York law allows for each person to be compensated for their part of the responsibility if more than one person is responsible for an accident. A competent lawyer can assist with claims for workers' compensation. Certain personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Based on the facts of a case, it could be decided out-of-court or in a trial.