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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. It is crucial to document your losses to receive the full amount of damages. Keep track of the medical expenses and out of pocket costs. Economic damages cover your past and future medical costs and lost wages. Also, it covers the pain and suffering as well as loss of companionship. Statute of limitations If you've been injured due to negligence or a negligent act, you should file a lawsuit as soon as possible. Statutes of limitations are legal restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. The time limitations vary by state and type of claim and are usually restricted to certain or specific exceptions. For example, in New York, if you want to bring a lawsuit for injuries caused by an auto accident the statute of limitations for these cases is three years. For other civil actions that involve negligence such as medical negligence or product liability, as well as 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 that it is filed in a timely manner. A lawyer with experience will review your case to determine if there are extensions or waivers that might be possible. You should be aware that even if your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to consult an attorney about your case as soon as you can to ensure that he or she can inform you of the options available to you. In most cases, your statute of limitations starts to begin running from the date of the incident that caused you injury. However, in certain circumstances like exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you realize or ought to have realized that your injury was the result of a negligent action. This is known as the discovery rule. There are also some instances where the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can assist you if were injured as a result of an unintentional act of another. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. 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 your losses like medical bills or lost wages, as well as discomfort and pain. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died due to the reckless conduct of another, you can also recover damages for the wrongful death. To hold the party responsible accountable for your injury, a court must determine four elements that include breach, duty, causation and damages. To establish a defendant's duty to be legally bound to act responsibly in the specific circumstance. In the event of a breach of this obligation is known as negligence. A breach of this duty is a direct cause for the injury you sustained. The injury must have caused significant damage or serious harm to be able to claim damages. For instance an accident in a car that caused a broken arm could result in substantial medical expenses and possibly the loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. A wrongful death claim could include funeral and burial expenses for your loved one, as well as the emotional trauma that your family or you suffered. Non-financial damage is more difficult to determine. Your lawyer will employ different methods to calculate the worth of your pain and suffering. Keep a record of your pain levels throughout the day and how the injuries have affected your mental, physical and emotional well-being could aid in your claim for these damages. Antioch injury attorney undervalue these damages in order to avoid paying higher settlements. In rare cases, your attorney can pursue punitive damages. These are designed to penalize the party who was negligent. These damages are only awarded when the judge or jury finds the defendant's conduct to be particularly obscene. This kind of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your case is heard, a jury will determine the amount you will be awarded for your injuries and losses. In many cases however, the parties will agree to settle the matter outside of court. They are able to avoid the lengthy and expense of a court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be concluded. The settlement for personal injuries includes the economic as well as other damages. The former include costs like medical expenses, lost wages, and property damage. The latter covers aspects like pain, suffering and loss of enjoyment of your life. It can be difficult to determine a dollar amount on these damages, however an experienced lawyer can help you determine the value of your injuries. Typically, an insurance company will typically offer an agreement before your 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 submit a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer from your insurance company, which is usually less than what you asked for. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an undisputed legal claim, the settlement will generally pay for medical bills as well as other out-of-pocket expenses due to the accident. In certain cases, your settlement may also include a portion of any future treatment that your doctor believes you will 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. This kind of compensation is usually awarded to spouses and children who suffer as a result of the death of a loved one during an accident caused by someone else's negligence. Punitive damages may be awarded when the defendant is found to have been negligent. This type of compensation is designed to punish the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit Once someone has contacted a personal injury lawyer, they should begin to collect evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Include documentation of property damage or lost income in your claim. If the parties fail to reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim 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 to the defendant as a notice that they are being sued. The defendant is then given a certain amount of time to reply. During this time both sides will go through the discovery phase where each party investigates the defenses and claims of the other. It can be a long process and could require a great deal of documentation. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining 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 may accept or decline the offer it, or offer a counteroffer. It is vital to have an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. A good lawyer will be able to go through all the evidence to confirm that your losses are being compensated. They can also help you reduce unnecessary expenses and keep track of the money you're entitled to. If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A knowledgeable attorney can assist with workers' compensation cases. Certain personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to testify and help support your case. Based on the circumstances of the case, it can be resolved outside of court or at trial.