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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. To be able to claim full damages, it's important to record your losses in a meticulous manner. Keep an eye on the medical expenses and out of the pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. It also covers the pain and suffering as well as loss of companionship. Statute of limitations If you've been injured by someone else's negligence or wrongful action, you should start a lawsuit as soon as possible. Statutes of limitations are legal time limitations that protect parties from unnecessary litigation by preventing claims filed after the deadline has passed. These limitations of time can differ depending on the state and claim type and are typically subject to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident the statutes of limitation are three years. The time limit for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can help you determine the time limit applicable to your case and ensure that it is filed on time. An experienced lawyer can examine your case to determine if there are any extensions or waivers that may be possible. You should be aware that even when your statute of limitation is over, you may have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so that they can advise you of the options that are available. In the majority of cases, your statute of limitations will begin running from the date of the incident that caused you injury. In some situations, like exposure to toxic materials or medical malpractice the limitation period does not begin until you realize or should have known, that your injury was caused by a negligent action. This is known as the discovery rule. There are also rare circumstances when 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 have been injured due to an unintentional act of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. Damages are the legal term used to describe this. There are You Tube of damages, general and special. General damages are designed to compensate you for your losses like medical bills or lost wages, as well as discomfort and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one died because of reckless behavior by another, you may be able to recover the cost of wrongful death. To hold the responsible party accountable for your injury the court must establish four elements which are breach, duty, causation and damages. To establish a duty the defendant must be under a legal obligation to be responsible in a specific circumstance. Negligence is the failure to meet this duty. A breach of this duty is a direct cause for the injury you suffered. To be able to claim damages the injury must have caused severe harm or significant damage. A car accident that causes an injured hand could result in substantial medical costs and, most likely, the loss of income. The defendant's reckless or negligent actions directly contributed to the injury. A claim for wrongful death could include funeral and burial expenses for your loved one and emotional trauma that you or your family felt. Non-financial damages are harder to calculate. Your lawyer will employ a variety of methods to calculate the worth of your suffering and pain. Maintaining a log of your daily pain levels and how the injuries have affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Insurance companies often undervalue these damages in order to avoid paying higher settlements. In rare cases your lawyer can seek punitive damages, which are meant to punish the negligent party. The damages can only be granted when an arbitrator or jury determines the defendant's actions to be particularly outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant was acting with malice, willful or fraud, 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 is decided. If your case goes to trial the jury will decide how much to award you for your losses and injuries. In a lot of cases, however, parties agree to settle outside of court. This lets them save the time and money of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be concluded. The settlement for personal injuries includes both economic and other damages. The former include costs like medical expenses as well as lost wages and property damage. The latter include aspects such as suffering and pain, as well as the loss of enjoyment. It can be difficult to determine a dollar amount on these losses, but an experienced lawyer can help you determine the value of your injuries. Typically, an insurance company will usually offer a settlement before your 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 a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. You will most likely receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have an appropriate claim the settlement will pay the cost of your medical treatment and other out-of pocket expenses due to your 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 kind of compensation is usually granted to spouses and children who are suffering due to the death of a loved one during an accident caused by someone else's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This type of compensation is designed to penalize the defendant and to discourage others from engaging in reckless behavior. Filing an action After making contact with an attorney for personal injury the client should begin collecting documentation of their losses. Documents like medical records, police reports and insurance policies may be included. Documentation of loss of income or property damage must be included in the claim. If the parties cannot agree on a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them, and seek relief in the form of financial compensation. A summons is also issued and personally served on the defendant and serves as a notice that they are being sued. The defendant is then given the time to respond. During this phase, both parties will complete the discovery process where they investigate the claims and defenses of the other party. It can be a long process and could require a great deal of documentation. A lawyer can help prepare for trial by arranging experts to testify 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 may accept, reject or counteroffer the offer. It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your recovery. A good lawyer can go through all the evidence available to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for every person to be compensated for their part of the responsibility in cases where more than one party is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will assist you in selecting experts who will be able to provide evidence to help your case. Based on the circumstances, certain cases may go to trial, while others settle out of the court.