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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep track of all medical expenses and out-of the pocket expenses. Economic damages include your past and future medical expenses and lost wages. Also covered are pain and suffering and loss of companionship. Statute of limitations If you have been injured due to another person's wrongful act or negligence It is crucial that you act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitation are legal time limitations that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary depending on the state of origin and the type of claim and are typically subject to special or limited exemptions. For instance in New York, if you want to file a lawsuit relating to injuries sustained in an auto accident the statute of limitations for these types of cases is three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can assist you in determining the statute of limitation that applies to your case and ensure that it is filed on time. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should be aware that even the time your statute of limitations has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to consult with an attorney about your case as soon as you can and so that he or she can advise you of the options available to you. In the majority of cases, your statute of limitations starts to run on the date of the underlying incident that caused your injury. In some instances, like exposure to toxic materials or medical malpractice the statute of limitation is not set until you are aware or should have known, that your injury is caused by a negligent action. This is referred to as the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you've suffered injury by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us for a free consultation. Damages The goal of a personal injury lawsuit is to obtain financial compensation from the person responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended 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 can be incorporated into special damages. If your loved one died because of reckless behavior by another person, you could be able recover damages for wrongful death. A court must establish four factors to determine who is responsible for your injuries: duty, breach of duty, causation and damages. To establish the duty the defendant must be under a legal obligation to be responsible in a particular situation. Negligence is the inability to fulfill this duty. A breach of this obligation is a direct cause for the injury you sustained. The injury must have caused significant damage or serious injury to be able to claim damages. For instance, a car accident that resulted in a severed arm would have substantial medical expenses, and most likely the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A claim for wrongful death could include funeral and burial costs of your loved one, as well as the emotional distress that you or your family felt. Non-financial damage is more difficult to determine. Your attorney will use different methods to determine the value of your suffering and pain. Keep a record of your pain levels throughout the day and how the injuries affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. The damages can only be awarded if a jury or judge finds the defendant's conduct to be particularly outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant was acting with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your claim goes to trial, a jury will decide what they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of court. This lets them avoid the time and cost of a trial. Additionally, it allows victims to recover their compensation earlier than have if they waited for the trial process to be completed. The settlement for personal injuries includes the economic as well as other damages. The former covers costs like medical expenses, lost wage and property damage. The latter covers aspects such as pain, suffering and the loss of enjoyment your life. Placing a monetary value on these damages can be difficult however an attorney can help you determine the value of your injuries. Typically, an insurance company will usually offer an agreement before your case goes to trial. They will review the evidence you've collected and decide what they believe your claim is worth. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable compensation amount. You will most likely receive a counter-offer from your insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses and other out-of pocket expenses due to your accident. In some cases the settlement could also include compensation for any future treatment that 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 given to children or spouses who have suffered because of the death of their loved one as a result an accident caused by the negligence of another. You may also receive punitive damages if the defendant was found to be negligent in particular. This kind of payment is designed to penalize the defendant and discourage others from engaging in similar reckless behavior. Filing a Lawsuit Once a person has contacted an attorney for personal injury, they should begin to collect evidence of their losses. Documents such as medical records, police reports, and insurance policies can be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties fail to reach a settlement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline 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 notification that they are being sued. The defendant will then have a certain amount of time to reply. During this process, both sides will complete the discovery phase in which each side investigates the other's claims and defenses. This could take a considerable amount of time and will likely require a significant amount of documentation. official site can assist in prepare for trial by arranging expert witnesses and collecting evidence. They will also be able to assist in calculating damages. They may also be able to demand a fair settlement from the insurance company. The insurance company can accept the offer, reject it, or offer a counteroffer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your recovery. The right attorney can comb through all of the available evidence to confirm that you are compensated for each loss. They can also help you eliminate unnecessary expenses and help to keep track of all the money you are entitled to receive. If more than one person is at fault for the accident, New York law allows each one of them to claim the amount they owe. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases may require experts from fields such as economics, medicine, and engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to back your case. Based on the specifics of a case, it could be decided out-of-court or in a trial.