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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep track of all medical expenses as well as out-of the pocket expenses. Economic damages include the future and past medical costs and lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful action or negligence it is imperative to act quickly and make a personal injury claim 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 the type of claim, and are often subjected to specific or limited exemptions. For example, in New York, if you are seeking to file a lawsuit over injuries that result from an automobile accident, the statute of limitations for these kinds of cases is three years. For other civil actions that involve negligence like medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the time limit that applies to your particular case and ensure that it is filed on time. A lawyer with experience can review your case to determine if there are any extensions or waivers that might be possible. It is important to know that even the time your statute of limitations is over, you may 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 inform you of the options that are available. In the majority of cases, the statute of limitations begins to run on the date of the incident which caused your injury. In some instances, like exposure to toxic substances or medical malpractice, the limitation period does not begin until you are aware that you should have known, that your injury is caused by a negligent act. This is called the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, however these circumstances are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you have been hurt due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are intended to compensate you for the expenses resulting from your injury, including medical expenses, lost income and suffering and pain. Funeral expenses and emotional stress can be incorporated into special damages. If a loved one died because of another's reckless behavior you may also be able to recover damages for the wrongful death. A court must establish four factors to determine the party responsible for your injuries: duty, breach of duty, causation and damages. To establish a defendant's duty, they must be legally bound to act responsibly in the given situation. Failure to meet this obligation is known as negligence. A breach of this obligation is the direct cause of the injury you suffered. To qualify for damages, the injury must have caused serious damage or injury. For example an accident in a car that resulted in a severed arm would have substantial medical costs and likely an interruption in wages. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional stress you or your family experienced. Non-financial damage is more difficult to determine. Your attorney will employ different methods to determine the worth of your pain. Keep a journal of your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This can help you to support your claim. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the negligent party. The damages can only be awarded when a jury or judge finds the defendant's conduct to be particularly outrageous. These types of compensation are typically awarded in the case of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant acted in a manner that was ill-intentional, shrewd, fraud, oppression, or conscious indifference to the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your claim goes to trial the jury will decide what 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 expense of the court trial. Additionally, it allows victims to receive their compensation sooner than they would have if they waited for the trial to complete. The settlement for a personal injury includes the economic as well as other damages. The former include costs like medical expenses, lost wages, and property damage. The latter include things such as suffering, pain, and loss of enjoyment your life. It can be difficult to quantify the value on these damages, but an experienced lawyer can help you determine the value of your injuries. Insurance companies usually offer a settlement to settle your case prior to it goes to trial. They will look over the evidence you have collected and determine what they feel your claim is worth. You may be required to provide a letter of demand, along with the evidence you have provided and a request for a suitable amount of compensation. The insurer will likely offer you a counter-offer that is typically lower than your requested amount. Newport News can negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket due to your accident. In some cases, your settlement will also include compensation for future treatments that your doctor believes 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 type of compensation is typically granted to spouses and children who have suffered as a result of the loss of a loved one during an accident caused by another person's negligence. Punitive damages may be awarded if the defendant is found to have been particularly negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in similar reckless behavior. Filing an action After contact with an attorney for personal injury the client must begin collecting evidence of their losses. This may include documents like medical records as well as police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties cannot agree on a settlement, the plaintiff's attorney may file 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 request relief in the form monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant has a limited timeframe to respond. During this phase each party will complete the discovery process in which they look into the defenses and claims of the other. This could take a considerable amount of time and will likely require a significant amount of documentation. A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They can also help calculate damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company can accept, deny or counteroffer the offer. It is crucial to have an experienced lawyer who can protect your rights and maximize your compensation. A good lawyer will be able to look through all the evidence available to confirm that your losses are being compensated. They can also help you eliminate unnecessary expenses and track the money you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated for their share of responsibility. A knowledgeable attorney can assist in workers' compensation cases. Some personal injury cases may require experts from fields such as medicine, economics, and engineering. Your lawyer will assist you select an appropriate specialist to testify in support of your case. Based on the specifics of a case, it can be decided out-of-court or at trial.