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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. It is crucial to document your losses to receiving full damages. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages are a result of your future and past medical expenses and lost wages. Also covered are the pain and suffering as well as loss of companionship. Statute of limitations If you've suffered an injury due to another person's wrongful action or negligence, it is important to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations vary by state and type of claim and are typically subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash the statutes of limitation are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help determine the statute of limitations that applies to your particular case and ensure that it is filed in a timely manner. An experienced lawyer can examine your case to determine if there are any extensions or waivers that may be possible. It is important to remember that even if the time limit has passed however, you may be able to make claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. However, it is advised to consult with an attorney about your situation as soon as you can, so that they can inform you of the options available to you. In most cases, the statute of limitations begins to run on the date of the incident that caused your injury. However, in some situations like exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you realize or ought to have realized that your injury was caused by the negligent action. This is called 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 assist you if have been injured due to the negligence of another. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are meant to compensate you for expenses resulting from your injury, such as medical bills, lost income and pain and suffering. Funeral costs and emotional distress may be included in special damages. If a loved one passed away due to the reckless conduct of another you may also be able to recover damages for wrongful death. To hold the responsible party accountable for your injuries, a court must establish four elements: duty, breach, causation and damages. To establish a defendant's duty, they must be legally bound to act responsibly in the particular situation. Negligence is the inability to fulfill this duty. A breach of this obligation is a direct cause for the injury you suffered. To qualify for damages the injury must have caused severe harm or caused significant damage. For instance an accident in a car that caused a broken arm would result in significant medical costs and likely an interruption in wages. The defendant's reckless or careless actions directly led to the injury. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family have suffered. Non-financial damages are more difficult to calculate. Your lawyer will employ various methods to determine the value of your suffering and pain. Keep a record of your daily pain levels and how your injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements. In rare instances, your attorney can pursue punitive damages. These are intended to punish the responsible party. These damages are only awarded if the judge or jury finds the defendant's conduct to be particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. In order to receive these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by malice, willfulness, 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 that you will receive. If your case is heard by a jury, the jury will decide the amount you're awarded for your injuries and losses. In many cases the parties will reach an agreement to settle their dispute outside of court. This lets them save the time and money of a trial. This also allows victims to receive their compensation earlier than if they waited for the trial process to complete. 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 include aspects such as pain and suffering and the loss of enjoyment of life. The process of determining a value for these damages is often challenging however, an attorney can help you determine what your injuries are worth. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will examine the evidence you have collected and determine what they feel your claim is worth. You may be required to provide an order letter, along with the evidence you have provided and an appropriate compensation amount. You will most likely receive a counter-offer from the insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an undisputed legal claim, the settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In certain cases, your settlement may also include compensation for any future treatment that your doctor predicts 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 given to children and spouses who are suffering as a result of the death of a loved one due to an accident caused by another person's negligence. Punitive damages may be awarded if the defendant is found to have been particularly negligent. This kind of compensation is designed to penalize the defendant and discourage others from engaging in similar reckless behavior. Filing an action Once a person has contacted a personal injury lawyer, they should begin to collect evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Documentation of loss of income or property damage should also be included in a claim. If the parties are unable to reach an agreement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for an amount of money. A summons will also be issued and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant then has a certain amount of time to respond. In this phase each party will complete the discovery process in which they investigate the defenses and claims of the other party. This could be a lengthy process and could require lots of documents. A lawyer can assist in prepare for trial by arranging expert witnesses and collecting evidence. They can also help calculate damages. They can also demand a fair settlement from the insurance company. Recommended Studying may accept, deny or counteroffer the offer. It is vital to have an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. The right attorney can comb through all available evidence to verify that you're being compensated for each loss. They can also help you cut out 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 competent lawyer can assist with workers' compensation claims. Certain personal injury cases could require the assistance of experts in fields like economics, medicine, or engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the specifics of the case, it can be decided outside of court or in a trial.