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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital to receiving full damages. Keep track of all medical expenses as well as out-of pocket costs. Economic damages are the cost of your past and future medical expenses, as well as lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of Limitations If you've been injured by the negligence of someone else or by a wrongful act, you should start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. The time limitations vary by state and type of claim, and are typically restricted to certain or specific exceptions. In New York, for example when you want to file a lawsuit for injuries sustained in a car accident the statute of limitations are three years. For other civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can assist you in determining the statute of limitations that applies to your particular case and ensure that it is filed in time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to remember that even if the statute of limitations has run out however, you may be able to make claims for compensation related to your injuries, like 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 available. In most cases, your statute of limitations will expire on the date of the incident that caused you injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit is not set until you are aware or should have known, that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, however these circumstances are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for your losses, such as medical bills or lost wages, as well as discomfort and pain. Special damages can include funeral costs and emotional stress. If your loved one died due to reckless behavior by another person, you could be able recover damages for wrongful death. To hold the party responsible accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish a defendant's duty to act responsibly, they must be legally bound to act responsibly in the particular situation. Failure to meet this obligation is called negligence. A breach of this obligation is a direct cause of the injury you suffered. To qualify for damages, the injury must have caused significant harm or significant damage. A car accident resulting in an injured hand could result in significant medical expenses, and most likely loss of income. The injury was caused directly by the defendant's careless or reckless actions. A claim for wrongful death could involve the funeral and burial expenses for your loved one and emotional trauma that your family or you felt. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the amount of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could aid in your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. These damages are only available if the judge or jury believes that the defendant's behavior was particularly obscene. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To get these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression, or a conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your claim is tried, a jury will determine the amount you're awarded for your losses and injuries. In many cases the parties will reach an agreement to settle their dispute outside of court. They can avoid the time and cost of an in-court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment of life. It isn't always easy to put a monetary amount on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Typically an insurance company will typically offer a settlement before your case goes to trial. They will look over the evidence you've collected and determine what they think your claim is worth. You may be required to submit a letter of demand, together with evidence and an offer for a reasonable compensation amount. You will most likely receive a counter-offer from the insurance company, which is usually lower than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have an appropriate legal claim, the settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In certain cases your settlement could include compensation for 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 kind of compensation is usually granted to spouses and children who have suffered as a result of the death of a loved one in an accident caused by another's negligence. You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This kind of compensation is designed to penalize the defendant and discourage others from engaging in reckless behavior. Filing a Lawsuit After making contact with an attorney for personal injury one should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of damage to your property or income loss in your claim. If the parties fail to reach an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them and ask for relief in the form of monetary compensation. A summons is also filed and personally delivered to the defendant. It is a notification that they are being sued. The defendant then has a certain amount of time to reply. During this time both sides will go through the discovery phase where each side investigates the defenses and claims of the other. This can be a lengthy process that may require lots of documents. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They are also able to assist in the calculation of damages. You Tube may also be able to demand an equitable settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer. It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. A competent lawyer can go through all of the evidence available to ensure that you are compensated for each loss. They can also assist you to eliminate unnecessary expenses and track the amount you're entitled to. New York law allows for everyone to be compensated for their part of the responsibility if more than one party is accountable for an accident. A knowledgeable attorney can assist with workers compensation cases. Some personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the specifics of a case, it could be resolved outside of court or at trial.