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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. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages cover the costs of your past and future medical expenses and lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent act, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions that shield parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations are different for each state and type of claim and are usually subject to special or limited exceptions. For instance, in New York, if you would like to file a lawsuit over injuries sustained in an auto accident the statute of limitation for these kinds of cases is three years. For other civil actions involving negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitation applicable to your case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to know that even the time your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to speak an attorney about your case as soon as you can, so that he or she can inform you of all your options. In the majority of cases, your statute of limitations begins to run from the date of the underlying incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice, the statute of limitation is not established until you recognize, or reasonably would have known that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations is “tolled” or suspended, however these circumstances are highly fact-specific and must be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can help you if you were injured as a result of the negligence of another. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. The legal term for this is “damages.” There are two groups of damages that are general and special. General damages are designed to compensate you for the expenses resulting from your injury, including medical bills, lost income, and suffering and pain. Funeral expenses and emotional stress could be included in the special damages. If your loved one passed away due to reckless behavior by another, you may be able to recover wrongful death damage. A court must establish four elements to find the responsible party liable for the harm you suffered such as breach of duty, causation, and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a particular situation. Negligence is the failure to meet this duty. A breach of this duty is a direct cause of the injury you suffered. The injury must have caused substantial damage or serious injury to qualify for damages. For instance an accident in a car which resulted in a fractured arm would result in significant medical expenses, and most likely an interruption in wages. The defendant's reckless or careless actions directly contributed to the injury. A claim for wrongful death could involve the funeral and burial costs of your loved one and emotional distress that your family or you suffered. Non-financial damages can be more difficult to determine. Your lawyer will employ different methods to calculate the value of your pain and suffering. Keep a journal of your pain levels throughout the day and how your injuries affect you mentally as well as physically. This can help you prove your case. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances the attorney may pursue punitive damages. These are designed to punish the negligent party. The damages can only be awarded if an arbitrator or jury determines the defendant's behavior to be particularly obscene. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To get these additional damages, you must demonstrate to your lawyer that the defendant acted with malice, willfulness, or oppression, or a conscious disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case will be resolved. If your claim is contested, a jury will determine the amount you're awarded for your injuries and losses. In many cases, however, parties agree to settle their claims outside of the courtroom. This means they can save the time and money of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former include costs such as medical expenses as well as lost wages and property damage. The latter include things like suffering, pain and loss of enjoyment your life. It isn't always easy to determine a dollar amount on these damages, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will offer a settlement prior to the case goes to trial. They will examine the evidence you have collected and determine what they think your claim is worth. You may be required to send an official demand letter that is accompanied by evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer by the insurer, which is usually lower than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have an appropriate claim the settlement will pay the cost of your medical treatment and other out-of-pocket expenses associated with the accident. In certain cases, your settlement may also include a portion of any future treatment your doctor believes you will 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 due to the loss of a loved one due to an accident caused by another's negligence. You could also be eligible for punitive damages if you were found to be especially negligent. This kind of payment is designed to punish 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 the next step is collecting evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties cannot reach a settlement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will outline the claimant's version of events, describe how the defendant's actions harmed them and ask for 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 sued. read full article is then given a certain amount of time to reply. During this process, both sides will complete the discovery phase in which each side investigates the defenses and claims of the other. This can be a lengthy process and could require a great deal of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your compensation. An experienced attorney will be able to look through all the evidence available to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and help you to keep track of the funds you are entitled receive. If more than one person is liable for the accident, New York law allows each of them to recover the amount they owe. An experienced attorney can assist in workers claims for compensation. Certain personal injury cases could require the assistance of experts in fields like economics, medicine, and engineering. Your lawyer will help you select a specialist who can provide testimony to back your case. Depending on the circumstances, certain cases may go to trial while others will settle outside of the court.