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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of all medical expenses and out-of the pocket expenses. find out this here are the cost of your current and future medical expenses as well as lost wages. Also, it covers your suffering and pain as well as the loss of companionship. Statute of limitations If you've been injured due to someone else's negligence or wrongful act, you must start a lawsuit as soon as you can. Statutes of limitations are legal restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has been met. These time limits can vary depending on the state and the type of claim, and are often subjected to specific or limited exemptions. For example in New York, if you want to bring a lawsuit for injuries that result from an auto accident the statute of limitation for these 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 assist you in determining the statute of limitations that applies to your particular case and ensure that the case is filed on time. A lawyer with experience can review your case to determine if there are any extensions or waivers that may be available. It is important to keep in mind that even when the statute of limitations has run out but you might still be able to file additional claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so they can provide you with the options that are available. In most cases, the statute of limitations starts to run from the date of the underlying incident that caused your injury. However, in certain circumstances like exposure to harmful substances or medical negligence the statute of limitations will not start to run until you realize or reasonably should have realized that your injury was caused by the negligent action. This is called the discovery rule. There are a few rare instances where the statute of limitation is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury attorney to analyze. The attorneys at Littman & Babiarz can assist you if were injured as a result of an unintentional act of another. Contact us today to schedule your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the person accountable for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are intended to provide you with compensation for your losses, such as medical bills or lost wages, as well as discomfort and pain. Funeral costs and emotional distress may be included in special damages. If your loved one has died due to the reckless conduct of another, you can also recover damages for wrongful death. A court must establish four elements in order to find the responsible party liable for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty of a defendant to be legally bound to act responsibly in the particular situation. Negligence is the failure to perform this obligation. The injury you sustained is directly resulting from a breach of this duty. To be able to claim damages, the injury must have caused significant harm or caused significant damage. For instance an accident in a car that caused a broken arm would have substantial medical expenses and possibly an interruption in wages. The defendant's reckless or negligent actions directly caused the injury. A wrongful death claim could be a result of the funeral and burial expenses for your loved one and emotional trauma that your family or you felt. Non-financial damages are more difficult to determine. Your attorney will employ a variety of methods to calculate the worth of your pain and suffering. Keep a journal to record your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This will help support your claim. Insurance companies typically undervalue these damages to avoid paying higher settlements. In some cases your lawyer can seek punitive damages, which are intended to penalize the party who was negligent. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To get these additional damages, you need to prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression, or a conscious indifference to the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim goes to trial, a jury will decide how much they will pay you for your losses and injuries. In many cases however the parties will agree to settle the matter outside of court. This lets them avoid the time and cost of a trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical costs as well as lost wages and property damage. The latter include things such as suffering, pain and loss of enjoyment your life. Calculating a dollar value for these damages can be difficult however, an attorney can help determine what your injuries are worth. Typically an insurance company will usually offer an agreement before your case goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable amount of compensation. You'll likely receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your attorney will then negotiate an equitable settlement with the insurance company. If you have an undisputed legal claim, the settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In some instances, your settlement will also include compensation for any future treatment that your doctor estimates you'll require due to your injury. 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 due to the death of their loved one as a result an accident that was caused by the negligence of another. Punitive damages can be awarded in the event that the defendant is determined to have been particularly negligent. This kind of payment is designed to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing a Lawsuit Once someone has contacted an attorney for personal injuries, they should begin to gather documentation 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 be included in a claim. If the parties are unable to reach a settlement the attorney for the plaintiff may bring an action against the defendant. The complaint will outline the claimant's version, describe 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 sued. The defendant has a limited timeframe to respond. During this stage each party will complete the discovery process in which they examine the defenses and claims of the other. This can take a significant amount of time and will likely involve a lot of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept the offer, reject it, or offer a counteroffer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize recovery. An experienced attorney can go through all the evidence to confirm that your losses are being compensated. They can also eliminate unnecessary expenses and help to keep track of the amount you are entitled to receive. New York law allows for each person to be compensated for their share of the blame if more than one party is responsible for an accident. A skilled attorney can also assist in workers claims for compensation. Certain personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an expert who will be able to provide evidence to support your case. Based on the circumstances, some cases might be tried in court, while others will settle outside of court.