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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages are the cost of your current and future medical expenses, as well as lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of limitations If you've been injured by negligence or a negligent action, you should file a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. The time limitations vary by state and type of claim and are typically subject to specific or limited exceptions. In New York, for example when you want to bring a lawsuit against injuries caused by a car accident 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 accidental deaths. A lawyer can assist you determine the time limit that applies to your particular case and ensure it is filed in a timely manner. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to note that even if the statute of limitations has expired however, you may be able to file additional claims for compensation related to your injuries, including workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney about your case as soon as you can and so that they can advise you of all your options. In most cases, the statute of limitations begins to run on the date of the underlying incident that led to your injury. In some instances, like exposure to toxic substances or medical malpractice the statute of limitation is not established until you are aware or could have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are also a few instances where the statute of limitations has been “tolled” or suspended, but these cases are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you were injured as a result of another person's wrongful behavior. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the party accountable for your injury. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are meant to compensate you for losses associated with your injury, including medical bills, lost income and suffering and pain. Funeral costs and emotional distress could be included in the special damages. If your loved one passed away because of reckless behavior by a third party, you could be able recover damages for wrongful death. A court must establish four elements in order to find the responsible party liable for your injury that result from a breach of duty, causation and damages. To establish a duty, the defendant must have the legal obligation to behave responsibly in a specific circumstance. Negligence is the failure to perform this duty. A breach of this obligation is a direct cause of the injury you sustained. To qualify for damages, the injury must have caused significant harm or significant damage. For instance an accident in a car that resulted in a severed arm could result in substantial medical expenses and possibly an interruption in wages. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim could include funeral and burial costs for your loved one and emotional distress that you or your family felt. Non-financial damages can be more difficult to calculate. Your attorney will employ different methods to determine the value of your suffering and pain. Keep a journal of your daily pain level and how your injuries have affected you physically as well as physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In rare cases, your attorney can pursue punitive damages. These are designed to penalize the party who was negligent. The damages can only be awarded if an arbitrator or jury determines the defendant's actions to be particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To obtain these additional damages your lawyer must demonstrate that the defendant was acting with malice, willful, fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case is resolved. If your claim is contested in court, a jury will decide the amount you're awarded for your injuries and losses. In many cases the parties will reach an agreement to settle out of court. This lets them avoid the time and cost of a trial. This means that victims can 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 includes costs such as medical expenses, lost wages and property damage. The latter include things such as suffering and loss of enjoyment of life. The process of determining a value for these damages is often challenging, but an attorney can help determine the value of your injuries. Insurance companies will usually offer settlements to settle your case before it goes to trial. They will look over the evidence you have amassed and determine how they will consider your claim. You might be required to submit an official letter of demand together with evidence and an appropriate amount of compensation. The insurer will likely offer you a counter-offer which is often lower than your requested amount. Your lawyer can negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an undisputed legal claim, your settlement will generally pay for medical bills and other expenses out of pocket related to the accident. In certain cases your settlement could include compensation for any future treatment that your doctor estimates that you'll 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. www.youtube.com of compensation is typically granted to children or spouses who have suffered because of the death of their loved one as a result an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of payment is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injury the next step is collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include evidence of damage to property or income loss in your claim. If the parties are unable to reach an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will detail the claimant's argument, outline the defendant's actions and ask for an amount of money. A summons is also issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant will then have the time to reply. In this process, both sides will complete the discovery phase, where each side investigates the defenses and claims of the other. This could take a considerable amount of time and likely require a lot of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for an equitable settlement. The insurance company could accept, decline or counteroffer the offer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your recovery. An experienced attorney can go through all the evidence available to ensure that your losses are compensated. They can also eliminate unnecessary expenses and help to keep track of all the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. A skilled attorney can also assist in workers claims for compensation. Some personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you select a specialist who can provide testimony to help your case. Depending on the facts of a case, it can be resolved outside of court or at trial.