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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. To receive full damages, it is essential to document your losses carefully. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages include your future and past medical expenses as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of Limitations If you have been injured because of a negligent act or negligence It is crucial that you act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. These time limits can vary according to the state and claim type, and are often subjected to limited or special exemptions. In New York, for example, if you wish to bring a lawsuit against injuries caused by a car accident the statute of limitations are 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 help you determine the statute of limitation that applies to your particular case, and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that may be available. It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as early as you can regarding your situation, so that they can advise you of the various options that are available. In most cases, the statute of limitations starts to run on the date of the underlying incident which caused your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit is not established until you realize, or reasonably should have known, that your injury was result of a negligent act. This is called the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, however these circumstances are extremely specific and should be analyzed by a skilled personal injury lawyer. If you've been injured because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term for this is “damages.” There are two kinds of damages which are: general and specific. General damages are designed to pay for the losses you have suffered, such as medical bills, lost wages, and pain and discomfort. Special damages could include funeral expenses and emotional distress. If a loved one died due to the reckless conduct of another, you can also recover damages for wrongful death. To hold the party responsible accountable for your injury, a court must establish four elements that include breach, duty, causation and damages. To establish the duty of a defendant to act responsibly, they must be legally bound to behave responsibly in the specific situation. Negligence is the inability to fulfill this obligation. A breach of this duty is a direct cause of the injury you suffered. To qualify for damages, the injury must have caused serious damage or injury. For instance a car crash that resulted in a severed arm could result in substantial medical expenses, and most likely the loss of wages. The defendant's careless or reckless actions directly caused the injury. A wrongful death claim could be a result of the funeral and burial expenses for your loved one, as well as the emotional pain that your family or you felt. Non-financial damages are harder to calculate. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a journal of your daily pain level as well as how your injuries have affected you physically as well as physically. This will help to support your claim. South Gate injury lawyers YouTube undervalue these damages in order to avoid paying more settlements. In some cases your lawyer can seek punitive damages, which are designed to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's behavior was particularly obscene. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case is decided. If your case goes to trial, a jury will decide what they will pay you for your losses and injuries. In many cases parties, however to settle out of court. They are able to avoid the lengthy and expense of a 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 includes costs such as medical expenses, lost wages, and property damage. The latter include things such as suffering, pain and loss of enjoyment your life. The process of determining a value for these damages is usually difficult however, an attorney can help determine what your injuries are worth. Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may need to send an official demand letter that includes your evidence and a request for the appropriate compensation amount. The insurer will likely offer you a counter-offer that is typically less than the amount you requested. Your attorney can then negotiate a fair settlement with the insurer. If you have an appropriate claim, the settlement will cover your medical expenses as well as other out-of pocket expenses due to the accident. In some instances, your settlement may also include a portion of any future treatment your doctor believes you will require as a result. 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 awarded to spouses or children who have suffered because of the loss of a loved one as a result an accident that was caused by negligence of someone else's. You may also receive punitive damages if the defendant was found to be especially negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing a Lawsuit After contacting an attorney for personal injuries the client should begin collecting documentation of their losses. Documents like medical records, police reports and insurance policies may be included. Documentation of loss of income or property damage should be included in the claim. If the parties are unable come to an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will provide the claimant's argument, outline the actions of the defendant and request for monetary compensation. A summons is also filed and personally delivered to the defendant. It is a notification that they are being sued. The defendant is then given the time to reply. During this process, both sides will complete the discovery phase where each side investigates the defenses and claims of the other. This can be a lengthy process that may require lots of documents. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company could accept the offer, reject it or make a counteroffer. It is important to have an experienced lawyer who can ensure your rights are protected and maximize your recovery. An experienced lawyer will comb through all the available evidence to verify that you are compensated for every loss. They can also eliminate unnecessary expenses and help you to keep track of the amount you are entitled to receive. If more than one person is at fault for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable attorney can help with workers' compensation cases. Certain personal injury cases could require experts from areas like economics, medicine, or engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Based on the circumstances of the case, it could be decided out-of-court or at trial.