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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. Keep an eye on all medical expenses and out-of pocket costs. Economic damages include the costs of your past and future medical expenses and lost wages. Also covered are the pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you must begin a lawsuit as quickly as you can. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. These limitations are different for each state and type of claim and are typically restricted to certain or specific exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident the statute of limitations are three years. For other civil actions involving negligence like medical malpractice, product liability and 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 it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to know that even when your statute of limitation has passed, you could have other claims for compensation that relate 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 case, so that they can advise you of the options that are available. In the majority of cases, the statute of limitations begins to run on the date of the underlying incident that led to your injury. However, in certain situations like exposure to toxic substances or medical negligence, the statute of limitations will not start to run until you realize or should have known that your injury was caused by the negligent act. This is known as the discovery rule. There are some rare situations in which the statute of limitations 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 to schedule an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are meant to compensate you for the losses associated with your injury, such as medical bills, lost income and pain and suffering. Funeral expenses and emotional distress could be included in the special damages. If your loved one died due to reckless behavior by another person, you could be able recover damages for wrongful death. To hold the responsible party accountable for your injuries, a court must establish four elements which are breach, duty, damages and causation. To establish the duty the defendant must be under the legal obligation to behave responsibly in a specific situation. Negligence is the failure to meet this duty. A breach of this obligation is the direct cause of the injury you sustained. To be able to claim damages the injury must have caused significant harm or caused significant damage. For instance a car crash which resulted in a fractured arm would result in significant medical costs and likely a loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one, as well as emotional distress you or your family suffered. Damages that are not financial are more difficult to determine. Your attorney will employ a variety of methods to determine the value of your suffering and pain. Keep a record of your daily pain levels and how your injuries have 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 rare instances, your attorney can pursue punitive damages, which are intended to penalize the party who was negligent. These damages are only available when the judge or jury believes that the defendant's behavior was particularly obscene. This kind of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting with malice, willful, fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries depends on how your case is decided. If your claim goes to trial, a jury will determine 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. They are able to avoid the lengthy and cost of the court trial. This also allows victims to receive their compensation sooner than they would have if they waited for the trial to complete. The settlement for personal injuries will include the economic as well as other damages. The former covers costs such as medical expenses loss of wages, property damage. The latter include things such as suffering and loss of enjoyment. Calculating a dollar value for these damages can be difficult, but an attorney can help determine what your injuries are worth. Insurance companies will usually offer settlements to settle your claim before it goes to trial. They will look over the evidence you've gathered and decide what they believe your claim is worth. You may be required to provide a letter of demand, together with evidence and an offer for a reasonable compensation amount. Most likely, you will receive a counter-offer from your insurer, which is usually lower than the amount you requested. Your attorney can then negotiate a fair settlement with the insurer. If you have an appropriate legal claim, your settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In some cases, your settlement will also include compensation for future treatment that your doctor predicts 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 kind of compensation is usually granted to spouses and children who have suffered due to the loss of a loved one during an accident caused by another's negligence. You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behavior. Filing an action After contact with an attorney for personal injuries one should begin collecting documentation of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in a claim. If the parties are unable to reach an agreement the attorney for the plaintiff may bring an action against the defendant. The complaint will detail the claimant's account of the events, explain how the defendant's actions harmed them, and request relief in the form monetary compensation. A summons is also filed and personally served on the defendant as a notice that they are being accused of a crime. The defendant is given a specific timeframe to respond. In this process each side will complete the discovery phase where each party investigates the defenses and claims of the other. It can be a long process and may involve a great deal of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also to assist in calculating damages. They can also make a demand to the insurance company for an appropriate settlement. The insurance company can accept, decline or counter-offer the offer. It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. An experienced attorney can go through all the evidence available to confirm that your losses are compensated. They can also help you eliminate unnecessary expenses and help to keep track of the amount you are entitled to receive. If Apple Valley injury attorney than one person is liable for the accident, New York law allows each of them to recover the amount they owe. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases could require experts from fields such as economics, medicine, or engineering. Your lawyer will help you select a specialist who can testify to back your case. Depending on the situation, some cases could go to trial while others will settle outside of the court.