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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. Documenting your losses is essential to receiving full damages. Keep an eye on the medical expenses and out of the pocket expenses. Economic damages are a result of your past and future medical expenses and lost wages. Also covered are the pain and suffering and loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you must file a lawsuit as soon as you can. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and claim type and are typically restricted to certain or specific exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries sustained in a car accident the statutes of limitation are three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the time limit applicable to your case and ensure that it is filed in a timely manner. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember that even if the statute of limitations has run out however, you may be able to file additional claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. It is recommended to consult with an attorney about your situation as soon as you can, so that he or she can provide you with all your options. In the majority of instances, the statute of limitations will expire on the date of the incident that caused 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 reasonably should have realized that your injury was the result of a negligent action. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be assessed by a competent personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you were injured as a result of the negligence of another. Contact us for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are meant to compensate you for the expenses resulting from your injury, which includes medical bills, lost income and suffering and pain. Special damages may include funeral costs and emotional stress. If your loved one died due to reckless behavior by a third party, you could be able to claim damages for wrongful death. A court must establish four elements to find the responsible party liable for your injury that result from a breach of duty, causation, and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act in a responsible manner in the specific situation. Negligence is the failure to perform this duty. The injury you suffered is directly resulting from a breach of this obligation. The injury must have caused serious damage or caused serious harm in order to be eligible for damages. A car crash that results in an injury to the hand could result in substantial medical costs and, most likely, the loss of income. The defendant's reckless or careless actions directly led to the injury. A claim for wrongful death could involve the funeral and burial costs for your loved one, as well as the emotional trauma that you or your family experienced. Non-financial damages are harder to calculate. Your lawyer will employ different methods to calculate the value of your pain and suffering. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically physical, emotionally, and physically. This can help you prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In rare instances your lawyer can seek punitive damages, which are meant to penalize the party who was negligent. These damages are only available if the judge or jury believes that the conduct of the defendant was especially outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To get these additional damages, you must show to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you will receive. If your claim goes to trial the jury will decide how much they will pay you for your injuries and losses. In many cases however the parties will reach an agreement to settle their dispute outside of court. They can avoid the time and cost of the court trial. It also allows victims to recover their compensation earlier than they would if they waited for the trial process to conclude. A personal injury settlement includes both economic and non-economic damages. The former covers costs such as medical expenses, lost wage and property damage. You Tube includes aspects like pain and suffering and the loss of enjoyment. It isn't always easy to put a monetary amount on these losses, but an experienced lawyer can assist you in determining the value of your injuries. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may be required to file an offer letter, which includes your evidence and an offer for a suitable compensation amount. The insurer will likely offer you a counter-offer which is often lower than the amount you request. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, the settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In some instances the settlement could also include a portion of any future treatment your doctor estimates that you will require as a result of 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 given to children and spouses who have suffered because of the death of a loved one in an accident caused by someone else's negligence. Punitive damages may be awarded if the defendant is found to have been particularly negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing an action After a person has spoken with an attorney for personal injury, they should begin collecting evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Documentation of loss of income or property damage should also be included in an insurance claim. If the parties are unable to come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the defendant's actions harmed them and ask for relief in the form of monetary compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being sued. The defendant is then given the time to respond. In this phase, both parties will complete the discovery process in which they investigate the defenses and claims of the other side. This could take a considerable amount of time and likely require a lot of documents. A lawyer can aid in the preparation for trial by arranging 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, decline it, or counter-offer. It is crucial to hire an attorney who is knowledgeable of the law to safeguard your rights and maximize your recovery. An experienced attorney will be able to go through all the evidence available to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and keep track of the money you're entitled to. New York law allows for each person to be compensated for their part of the blame if more than one party is accountable for an accident. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the situation, some cases could be tried in court, while others settle out of court.