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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. Documenting your losses is essential to receive the full amount of damages. Keep an eye on all medical expenses and out-of pocket costs. Economic damages cover the cost of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured because of a negligent action or negligence It is crucial to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time restrictions that shield the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These time limits vary by state and type of claim, and they are often subject to specific or limited exceptions. For example in New York, if you are seeking to file a lawsuit relating to injuries caused by an auto accident the statute of limitation for these types of cases is three years. For civil actions that involve negligence such as medical negligence and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your particular case and ensure that the case is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to note that even the statute of limitations has expired, you may still be able to file other claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your situation, so that they can inform you of the various options that are available. In most cases, your statute of limitations will begin running from the date of the incident that led to your injury. In some situations, like exposure to toxic materials or medical malpractice the time limit does not begin until you recognize, or reasonably could have realized that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also some instances where the statute of limitations has been “tolled” or suspended, however these circumstances are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you have been hurt due to someone else's wrongful behavior, the lawyers at Littman & Babiarz can help. Contact us today for your free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the person accountable for your injury. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are designed to compensate you for losses associated with your injury, which includes medical expenses, lost income and suffering and pain. Special damages could include funeral expenses and emotional stress. 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 which are breach, duty, causation and damages. To establish a duty the defendant must be under the legal obligation to be responsible in a specific situation. Failure to meet this obligation is referred to as negligence. The injury you suffered was directly caused by a violation of this obligation. To qualify for damages the injury must have caused severe harm or caused significant damage. For example a car crash that resulted in a severed arm could result in substantial medical expenses, and most likely an interruption in wages. The defendant's reckless or negligent actions directly led to the injury. A claim for wrongful death could include funeral and burial costs of your loved one and emotional distress that your family or you experienced. Damages that are not financial are more difficult to determine. Your attorney will use different methods to determine the amount of your pain. Keeping a journal of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional well-being could help support your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the party who was negligent. The damages can only be awarded if the judge or jury finds the defendant's behavior to be outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim goes to trial the jury will decide what they will pay you for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. This allows them to avoid the time and cost of a trial. This means that victims can get their compensation sooner than if they had to wait for the trial to be concluded. Lakewood injury attorney for personal injuries will include damages that are both economic and non-economic. The former include costs like medical expenses, lost wage and property damage. The latter covers aspects like pain, suffering and the loss of enjoyment your life. It can be difficult to determine a dollar amount on these losses, but an experienced attorney can help you determine the value of your injuries. Insurance companies typically offer settlements to settle your claim before it goes to trial. They will look over the evidence that you have collected and determine how much they will consider your claim. You may be required to submit an official letter of demand together with evidence and an appropriate compensation amount. The insurer will likely offer you a counter-offer that is typically lower than your requested amount. Your attorney can then negotiate with the insurer to reach 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 associated with your accident. In some cases your settlement could include a portion of any future treatment your doctor believes you'll 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 usually granted to children or spouses who have suffered because of the loss of a loved one as a result an accident that was caused by the negligence of another. You could also be eligible for punitive damages if the defendant is found to be negligent in particular. This type of payment is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injury, they should begin to collect evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim. If the parties are unable to reach an agreement the attorney for the plaintiff may file an action 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 as a notice that they are being accused of a crime. The defendant is given a certain timeframe to respond. In this stage, both parties will complete the discovery process where they look into the defenses and claims of the other side. This can take a significant amount of time and will likely involve a lot of documentation. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They can also make an offer to the insurance company for an equitable settlement. The insurance company can accept the offer, reject it or make a counteroffer. It is crucial to hire an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. A good lawyer will be able to go through all the evidence to ensure that your losses are compensated. They can also assist you to cut out unnecessary expenses and track the money you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A knowledgeable lawyer can also assist with claims for workers' compensation. Some personal injury cases may require the use experts in fields such as medicine, economics, and engineering. Your lawyer will assist you in selecting experts who can provide testimony to help your case. Based on the facts of a case, it could be decided outside of court or at trial.