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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages cover the costs of your past and future medical expenses, as well as lost wages. Also, it 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 begin a lawsuit as quickly as you can. Statutes of limitations are legal limitations that protect the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. The time limitations can differ depending on the state and the type of claim, and are often subjected to limited or special exemptions. In New York, for example for instance, if you want to bring a lawsuit against injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can assist you 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 also analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to keep in mind that even when the statute of limitations has expired but you might still be able to file other claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. It is recommended to speak an attorney about your case as soon as you can and so that he or she can provide you with the options available to you. In most instances, your statute of limitations begins to begin running from the date of the incident that led to your injury. However, in certain situations like exposure to harmful substances or medical negligence the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was the result of a negligent action. This is called the discovery rule. There are also a few instances where the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. If you've suffered injury because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. 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 is the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for the losses associated with your injury, such as medical expenses, lost income and pain and suffering. Funeral expenses and emotional stress may be included in special damages. If your loved one died due to reckless conduct by another person, you could be able to recover the cost of wrongful death. To hold the party responsible accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish the duty, the defendant must have a legal obligation to behave responsibly in a specific circumstance. Negligence is the failure to perform this obligation. The injury you suffered is directly caused by a violation of this duty. The injury must have caused significant damage or serious injury to be able to claim damages. A car crash that results in an injured hand could result in substantial medical costs and most likely a loss of income. www.youtube.com or careless actions directly led to the injury. A wrongful death claim could involve the funeral and burial costs of your loved one and emotional pain that you or your family felt. Non-financial damages can be more difficult to determine. Your attorney will use different methods to calculate the worth of your suffering and pain. Maintaining a log of your daily pain levels and how the injuries affected your physical, mental and emotional health can help support your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. The damages can only be granted when the judge or jury finds the defendant's conduct to be particularly outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. In order to receive these additional damages, you need to show to your lawyer that the defendant's actions were motivated by malice or wantonness, 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 that you receive. If your case goes to trial the jury will determine how much they will pay you for your injuries and losses. In many cases the parties will agree to settle out of court. This lets them avoid the time and expense of a trial. It also allows victims to recover their compensation sooner than they would should they wait for the trial process to complete. The settlement for personal injuries includes both economic and other damages. The former covers expenses like medical costs loss of wages, property damage. The latter covers aspects such as pain, suffering and loss of enjoyment your life. It isn't always easy to determine a dollar amount on these damages, however an experienced attorney can assist you in determining the value of your injuries. Typically, an insurance company will typically offer a settlement prior to the case goes to trial. They will look over the evidence you have amassed and determine how they will consider your claim. You may need to send an official demand letter that includes your evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer from your insurer, which is typically less than what you asked for. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an undisputed legal claim, your settlement will generally pay for medical bills and other out-of-pocket expenses related to the accident. In some cases your settlement could include compensation for future treatments that your doctor believes you will need because of 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 kind of compensation is typically granted to children or spouses who have suffered due to the death of a loved one as a result an accident caused by the negligence of another. Punitive damages are possible if the defendant is found to have been particularly negligent. This type of payment is intended to punish the defendant and deter others from engaging in reckless behavior. Filing an action After making contact with a personal injury attorney one should begin accumulating evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement, the plaintiff's attorney may start an action against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant and request for the amount of 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 an appropriate amount of time to respond. In this process both sides will go through the discovery phase, where each party investigates the other's claims and defenses. This can be a lengthy process and could require lots of documents. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They can also assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company can accept, deny or counter-offer the offer. It is crucial to have an experienced lawyer to protect your rights and maximize your payout. The right attorney can comb through all evidence available to ensure that you are compensated for each loss. They can also help you reduce unnecessary expenses and keep track of the amount you're entitled to. New York law allows for each person to be compensated for their share of the responsibility in cases where more than one party is accountable for an accident. A knowledgeable attorney can assist with workers' compensation cases. Certain personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to help your case. Based on the situation, some cases may be tried in court, while others settle out of court.