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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 record your losses in a meticulous manner. Keep an eye on the medical expenses and out of pocket costs. Economic damages include the cost of your current and future medical expenses as well as lost wages. Also, it covers your pain and suffering as well as the loss of companionship. Statute of Limitations If you've been injured because of a negligent act or negligence, it is important that you 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 stop claims from being filed after the deadline. The time limitations can differ depending on the state of origin and the type of claim, and are often subjected to special or limited exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries that result from a car crash, the statutes of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can help you determine the statute of limitations that applies to your case and ensure that the case is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that could be available. It is important to be aware that even if your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your case, so that they can inform you of all the options that are available. In You Tube , the statute of limitations begins to run on the date of the incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice, the statute of limitation is not established until you recognize, or reasonably should have known, that your injury is caused by a negligent act. This is called the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to look into. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two groups of damages that are general and special. General damages are intended to compensate you for expenses resulting from your injury, including medical bills, lost income, and pain and suffering. Funeral expenses and emotional distress can be incorporated into special damages. If a loved one passed away because of another's reckless behavior you may also be able to recover damages for wrongful death. To hold the party responsible accountable for your injury, a court must determine four elements that include breach, duty, damages and causation. To establish a duty the defendant must be under a legal obligation to behave responsibly in a specific circumstance. A failure to fulfill this obligation is known as negligence. The injury you suffered was directly resulting from a breach of this obligation. To be eligible for damages the injury must have caused severe harm or significant damage. For instance a car crash that resulted in a severed arm could result in substantial medical costs and likely an interruption in wages. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim could include funeral and burial costs for your loved one as well as emotional pain that you or your family experienced. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the worth of your pain. Keep a journal to record your daily pain level and how your injuries affect you mentally as well as physically. This can help you 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 negligent party. These damages are only available if the judge or jury believes that the conduct of the defendant was particularly obscene. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. In order to receive these additional damages, you must show to your lawyer that the defendant acted with malice or wantonness, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your claim is tried by a jury, the jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will reach an agreement to settle out of court. This lets them avoid the time and expense of a trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be concluded. The settlement for personal injuries includes both economic and other damages. The former covers costs like medical expenses as well as lost wages and property damage. The latter includes aspects such as suffering, pain and loss of enjoyment your life. The process of determining a value for these damages is often challenging however an attorney can help you determine the value of your injuries. Insurance companies will usually offer a settlement to settle your claim before it goes to trial. They will review the evidence you have amassed and determine how they will consider your claim. You may be required to provide an order letter, along with the evidence you have provided and an appropriate compensation amount. The insurer will likely offer you a counter-offer that is typically lower than the amount you request. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, the settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In some instances the settlement could also include a portion of any future treatment your doctor believes you'll require due to the. 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 are suffering as a result of the death of a loved one during an accident caused by another's negligence. You could also be awarded punitive damages if you were found to be especially negligent. This type of compensation is designed to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing an action After contact with a personal injury attorney the client must begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage must be included in the claim. If the parties are unable to reach an agreement or agreement, the attorney representing the plaintiff can start a lawsuit against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant and request for an amount of money. 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 certain time frame in which to respond. In this stage, both parties will complete the discovery process, where they investigate the claims and defenses of the other. This could take a considerable amount of time and likely involve a lot of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in calculating damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company may accept or decline the offer it, or offer a counteroffer. It is essential to have an attorney who is knowledgeable of the law in order to protect your rights and maximize the amount of compensation you receive. A competent lawyer can go through all of the available evidence to verify that you're being compensated for every loss. They can also weed out unnecessary expenses and help you to keep track of the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. A competent lawyer can assist with workers' compensation claims. Some personal injury cases might require the use experts in fields like medicine, economics, and engineering. Your lawyer will assist you select an appropriate specialist to testify in support of your case. Based on the circumstances of the case, it can be decided out-of-court or at trial.