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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's important to record your losses in a meticulous manner. Keep track of all medical expenses as well as out-of the pocket expenses. Economic damages cover the cost of your current and future medical expenses and lost wages. It also covers your pain and suffering as well as the loss of companionship. Statute of limitations If you've suffered injuries due to negligence or a negligent act, you must begin a lawsuit as quickly as you can. Statutes of limitation are legal time restrictions which safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These time limits vary by state and claim type and they are often subject to specific or limited exceptions. For example in New York, if you want to file a lawsuit relating to injuries caused by an automobile accident, the statute of limitations for these kinds of cases is three years. For other civil actions involving negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitation that applies to your case and ensure that it is filed in time. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that might be possible. It is important to remember that even when the statute of limitations has expired however, you may be able to file additional claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. However, it is best to speak with an attorney regarding your situation as soon as you can and so that they can inform you of the options available to you. In the majority of instances, your statute of limitations will expire on the date of the incident that caused you injury. However, in some situations such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you realize or ought to have realized that your injury was the result of a negligent act. This is called the discovery rule. There are some rare situations in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a skilled personal injury lawyer to evaluate. Littman & Babiarz's attorneys can assist you if have been injured due to an unintentional act of another. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages that are general and special. General damages are meant to compensate you for the losses associated with your injury, which includes medical bills, lost income, and pain and suffering. Funeral expenses and emotional stress may be included in special damages. If YouTube loved one has died because of another's reckless behavior, you can also recover wrongful death damages. A court must establish four elements to determine the party responsible for your injuries such as breach of duty, causation, and damages. To establish a duty, the defendant must have a legal obligation to act responsibly in a specific situation. A failure to fulfill this obligation is called negligence. The injury you sustained is directly caused by a breach of this duty. The injury must have caused serious damage or serious injury in order to be eligible for damages. For example, a car accident that caused a broken arm could result in substantial medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family suffered. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a record of your daily pain levels and how your injuries have affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies often undervalue these damages in order to avoid paying more settlements. In rare cases your lawyer can seek punitive damages, which are intended to punish the responsible party. These damages are only available if a judge or jury feels that the defendant's behavior was especially outrageous. This kind of compensation is usually awarded in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To obtain these additional damages the lawyer must prove that the defendant was acting with malice, wantonness or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your claim goes to trial, a jury will decide how much they will pay you for your losses and injuries. In a lot of cases, however, parties agree to settle their claims outside of court. They can avoid the time and cost of the court trial. Additionally, it allows victims to recover their compensation earlier than should they wait for the trial process to be completed. The settlement for personal injuries includes both economic and other damages. The former includes costs such as medical expenses, lost wages and property damage. The latter covers aspects such as pain, suffering and loss of enjoyment your life. Placing a monetary value on these damages is usually difficult, but an attorney can help determine what your injuries are worth. Insurance companies will usually offer settlements to settle your case before it goes to trial. They will examine the evidence you have amassed and determine how they consider your claim. You may have to send an official demand letter that is accompanied by your evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer from the insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurer to reach an equitable settlement for your injuries. If you have a valid claim the settlement will pay the cost of your medical treatment and other expenses out of pocket associated with your accident. In some instances your settlement could include a portion of any future treatment your doctor estimates that 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 kind of compensation is usually granted to spouses and children who are suffering as a result of the loss of a loved one in an accident caused by someone else's negligence. Punitive damages may be awarded when the defendant is found to have been particularly negligent. This kind of compensation is designed to penalize the defendant and to discourage others from engaging in reckless behavior. Filing an action After contacting an attorney for personal injury, a person should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include evidence of damage to property or income loss in your claim. If the parties cannot reach a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant will then have an appropriate amount of time to reply. During this time both sides will go through the discovery phase in which each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely involve a lot of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company can accept or decline the offer it or make a counteroffer. It is crucial to have an experienced lawyer who can ensure your rights are protected and maximize your compensation. The right attorney can go through all the evidence available to verify that your losses are being compensated. They can also help you reduce unnecessary costs and track the money you're entitled to. If more than one person is at fault 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. Some personal injury cases might require the use experts in areas like economics, medicine, and engineering. Your lawyer will help you select experts who can testify to back your case. Based on the circumstances of a case, it could be resolved outside of court or at trial.