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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep an eye on the medical expenses and out of expenses out of pocket. Economic damages include your past and future medical costs and lost wages. Also covered are pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to the negligence of someone else or by a wrongful action, you should start a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These limitations of time can differ depending on the state and the type of claim and are typically subject to specific or limited exemptions. For instance in New York, if you are seeking to file a lawsuit relating to injuries that result from an automobile accident, the statute of limitations for these types of cases is three years. For civil actions that involve negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help determine the time limit that applies to your particular case and ensure it is filed on time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to be aware that even if your statute of limitations has passed, you could 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 early as you can regarding your case, so that they can advise you of the various options available. In most instances, your statute of limitations starts to run from the date of the incident that led to your injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you realize or ought to have realized that your injury was caused by the negligent act. This is known as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These scenarios are factual and require an experienced personal injury lawyer to look into. If you have been hurt by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are meant to pay for the losses you have suffered such as medical expenses, lost wages, and pain and discomfort. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one has died due to a reckless act of another, you can also recover damages for wrongful death. A court must establish four elements in order to determine who is responsible for your injuries: duty, breach of duty, causation, and damages. To establish a duty the defendant must be under an obligation under law to behave responsibly in a specific situation. Negligence is the failure to meet this duty. The injury you suffered is directly resulting from a breach of this duty. The injury must have caused substantial damage or serious injury in order to be eligible for damages. A car accident that causes a severed hand would result in significant medical expenses and, most likely, the loss of income. The defendant's reckless or careless actions directly led to the injury. A claim for wrongful death could be a result of the funeral and burial costs for your loved one as well as emotional pain that your family or you felt. Non-financial damage is more difficult to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a diary to document your daily pain level as well as how your injuries have affected you mentally as well as physically. This will help prove your case. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In rare instances your lawyer can seek punitive damages, which are meant to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly obscene. This type of compensation is typically awarded in cases involving drunk driving accidents, or malicious acts, as well as 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 willful or malicious intent, fraud or oppression, or a conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be decided. If your claim is contested by a jury, the jury will decide the amount you're awarded for your injuries and losses. In a lot of cases parties, however, they agree to settle outside of court. They can avoid the time and expense of an in-court trial. This allows victims to get their compensation sooner than if they had to wait for the trial to conclude. 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 includes aspects like suffering, pain, and the loss of enjoyment your life. Placing a monetary value on these damages is often challenging, but an attorney can help determine the value of your injuries. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will look over the evidence you've collected and decide what they believe your claim is worth. You might be required to submit an order letter, along with your evidence and an offer for a reasonable compensation amount. YouTube , you will receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have a valid legal claim, the settlement will generally pay for medical bills and other out-of-pocket expenses related to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor predicts you'll require 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 usually given to children and spouses who are suffering due to the loss of a loved one during an accident caused by someone else's negligence. You may also receive punitive damages if the defendant was found to be especially negligent. This kind of compensation is designed to punish the defendant, and deter others from engaging in reckless behavior. Filing a Lawsuit After a person has spoken with an attorney for personal injuries and has been advised to gather documentation of their losses. This may include documents like medical records as well as police reports and insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties fail to reach a settlement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will detail the claimant's version, describe the defendant's actions and ask for monetary compensation. A summons is also filed and personally served on the defendant as a notice that they are being sued. The defendant then has the time to reply. In this phase each party will complete the discovery process where they look into the defenses and claims of the other party. This could take a considerable amount of time and will likely involve a lot of documents. A lawyer can help prepare for trial by arranging experts to testify and gathering evidence. They are also able to assist in calculating damages. They can also make an offer to the insurance company for a fair settlement. The insurance company could accept or decline the offer it, or offer a counteroffer. It is crucial to hire an attorney who is familiar with the law to safeguard your rights and maximize your recovery. An experienced lawyer will comb through all of the evidence available to ensure that you are compensated for each loss. They can also assist you to reduce unnecessary expenses and track the amount you're entitled to. New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one party is accountable for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer can assist you in locating a specialist who can provide testimony to support your case. Depending on the specifics of the case, it can be decided outside of court or in a trial.