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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages include the cost of your past and future medical expenses as well as lost wages. It also covers your suffering and pain, as well as the loss of companionship. Statute of limitations If you have been injured by a negligent action or negligence It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ depending on the state and claim type, and are often subjected to limited or special exemptions. In New York, for example when you want to file a lawsuit for injuries sustained in a car accident the statutes of limitation are three years. For other civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitation that applies to your particular case and ensure that it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to be aware that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to consult with an attorney about your case as soon as you can, so that he or she can advise you of all options. In most cases, the statute of limitations begins to run from the date of the underlying incident that led to your injury. However, in certain situations like exposure to harmful substances or medical malpractice the statute of limitations will not start to run until you have realized or reasonably should have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are some rare situations where the statute of limitations is “tolled” or suspended. These scenarios are factual and require a skilled personal injury attorney to analyze. Littman & Babiarz's attorneys can help you if you were injured as a result of another person's wrongful behavior. Contact us today to arrange a free consultation. Damages The goal of a personal injury lawsuit 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 compensate you for costs resulting from 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 died due to reckless conduct by another, you may be able to recover the cost of wrongful death. To hold the responsible party accountable for your injury the court must establish four elements that include breach, duty, damages and causation. To establish the duty of a defendant to be legally bound to act in a responsible manner in the specific situation. In the event of a breach of this obligation is called negligence. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused significant damage or serious harm in order to be eligible for damages. For instance an accident in a car that caused a broken arm would have substantial medical expenses, and most likely the loss of wages. The defendant's reckless or careless actions directly contributed to the injury. A claim for wrongful death could include funeral and burial costs for your loved one, as well as the emotional trauma that you or your family felt. Non-financial damages are more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a journal to record your daily pain level as well as how your injuries have affected you mentally as well as physically. This can help you prove your case. Many insurance companies undervalue the damages to avoid paying higher settlements. In some cases the attorney may pursue punitive damages, which are meant to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was especially outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive YouTube damages your lawyer must demonstrate that the defendant committed the offense with malice, willful, fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case will be decided. If your case goes to trial the jury will decide what they will award you for your injuries and losses. In many cases the parties will agree to settle their dispute outside of court. This means they can avoid the time and cost of a trial. This allows victims to get their compensation sooner 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 covers costs such as medical expenses as well as lost wages and property damage. The latter covers aspects such as suffering, pain, and the loss of enjoyment your life. Calculating a dollar value for these damages can be difficult however an attorney can help you determine the value of your injuries. Typically, an insurance company will usually offer a settlement 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 be required to submit an official letter of demand along with the evidence you have provided and an appropriate amount of compensation. The insurer is likely to send you a counter-offer, that is typically lower than your requested amount. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, your settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In certain cases, your settlement may also include compensation for any future treatment that your doctor estimates that 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 type of compensation is typically awarded to spouses and children who have suffered due to the loss of a loved one during an accident caused by another person's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This type of payment is intended to penalize the defendant and to discourage others from engaging in reckless conduct. Filing a Lawsuit After making contact with a personal injury attorney, a person should begin collecting documentation of their losses. Documents like medical records, police reports, and insurance policies could be included. Include documentation of property damage or income loss in your claim. If the parties cannot reach an agreement, the plaintiff's attorney may bring an action against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them, and seek relief in the form of monetary compensation. A summons is also issued and personally served on the defendant as a notice that they are being sued. The defendant is then given the time to respond. In this process both sides will go through the discovery phase, where each party investigates the other's claims and defenses. This could take a considerable amount of time and likely involve a lot of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They are also able to assist in calculating damages. They can also make a demand to the insurance company for an appropriate settlement. The insurance company could accept, decline or counter-offer the offer. It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. An experienced lawyer will comb through all the evidence available to ensure that you are compensated for every loss. They can also assist you to eliminate unnecessary expenses and track the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases may require experts from areas like economics, medicine, and engineering. Your lawyer will help you select an expert who can testify to support your case. Depending on the situation, some cases could be tried in court, while others will settle out of court.