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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. To be able to claim full damages, it is important to document your losses carefully. Keep an eye on the medical expenses and out of expenses out of pocket. Economic damages cover the future and past 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 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. The time limitations can differ according to the state and the type of claim and are typically subject to special or limited exemptions. For example in New York, if you want to bring a lawsuit for injuries that result from an auto accident the statute of limitations for these kinds of cases is three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the time limit applicable to your case and ensure that it is filed on time. A lawyer with experience can review your case to determine if there are extensions or waivers that could be available. You should be aware that even when your statute of limitation is over, you may have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your situation, so they can inform you of the various options available. In the majority of cases, your statute of limitations starts to run on the date of the underlying incident that led to your injury. However, in certain situations, such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you realize or should have known that your injury was the result of a negligent action. This is referred to as the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can help you if you have been injured by another person's wrongful behavior. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two types of damages: general and special. General damages are designed to compensate you for the losses associated with your injury, including medical expenses, lost income and pain and suffering. Special damages can include funeral costs as well as emotional distress. If a loved one died due to the reckless conduct of another you may also be entitled to wrongful death damages. A court must establish four factors to find the responsible party liable for your injury that result from a breach of duty, causation, and damages. To establish the duty the defendant must be under a legal obligation to act responsibly in a specific situation. Negligence is the failure to perform this duty. A breach of this duty is the direct cause of the injury you sustained. To be eligible for damages, the injury must have caused significant harm or caused significant damage. For instance an accident in a car which resulted in a fractured arm would result in significant medical costs and likely a loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. The wrongful death claim could include funeral and burial expenses for your loved one and emotional pain you or your family have experienced. The non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a journal to record your daily pain level as well as how your injuries affect you mentally physical, emotionally, and physically. This will help prove your case. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In some cases, your attorney can seek punitive damages, which are meant to punish the negligent party. These damages are only available when the judge or jury believes that the conduct of the defendant was particularly outrageous. This kind of compensation is usually awarded in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd, 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 resolved. If your case is heard in court, a jury will decide how much you are awarded for your injuries and losses. In a lot of cases, however, parties agree to settle outside of the courtroom. They can avoid the time and cost of an in-court trial. This also allows victims to collect their compensation sooner than have if they waited for the trial to complete. The settlement for a personal injury includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter include things like suffering, pain, and the loss of enjoyment your life. Placing a monetary value on these damages can be difficult however an attorney can help determine what your injuries are worth. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will examine the evidence you've amassed and determine how they consider your claim. You may need to submit a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer from your insurer, which is usually lower than what you requested. Your attorney will then negotiate an equitable settlement with the insurer. 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 future treatment that your doctor estimates you'll require as a result 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. Brownsville injury lawyers YouTube of compensation is typically awarded to spouses and children who suffer as a result of the death of a loved one during an accident caused by another person's negligence. You could also be awarded punitive damages if you were found to be especially negligent. This type of compensation is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit After making contact with an attorney for personal injury, a person should begin collecting documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Documentation of loss of 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 provide the claimant's argument, outline the defendant's actions and ask for the amount of compensation. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant is given a certain timeframe to respond. In this stage each party will complete the discovery process in which 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 in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company can accept, reject or counteroffer the offer. It is vital to have an attorney who is familiar with the law to protect your rights and maximize recovery. An experienced attorney can go through all the evidence available to verify that your losses are compensated. They can also assist you to reduce unnecessary expenses and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each of them to recover for their part of the responsibility. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases might require the use experts in areas like economics, medicine, or engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Depending on the circumstances, certain cases could go to trial, while others will settle out of the court.