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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. To receive full damages, it's important to keep track of your losses meticulously. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages cover the cost of your past and future medical expenses and lost wages. It also covers your pain and suffering and the 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 time limits that protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ according to the state and the type of claim, and are often subjected to limited or special exemptions. For example in New York, if you want to file a lawsuit over injuries that result from an automobile accident the statute of limitation for these cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed on time. A lawyer with experience will examine your case to determine if there are extensions or waivers that might be possible. 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. However, it is best to consult an attorney about your case as soon as you can to ensure that he or she can provide you with all your options. In the majority of cases, the statute of limitations starts to run on the date of the underlying incident which caused your injury. However, in certain situations, such as exposure to harmful substances or medical negligence the statute of limitations will not begin to run until you realize or ought to have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also a few exceptional situations where the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be assessed by a competent personal injury lawyer. Our lawyers at Littman & Babarz can help you if you were injured as a result of the negligence of another. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party 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 pay for the losses you have suffered like medical bills as well as lost wages and discomfort and pain. Special damages can include funeral costs as well as emotional stress. If a loved one passed away due to the reckless conduct of another, you can also recover wrongful death damages. A court must establish four factors to find the responsible party liable for your injuries: duty, breach of duty, causation and damages. To establish a duty, the defendant must have a legal obligation to act responsibly in a particular situation. A failure to fulfill this obligation is referred to as negligence. relevant web-site suffered is directly caused by a breach of this duty. The injury must have caused serious damage or serious harm in order to be eligible for damages. A car accident resulting in a severed hand would result in significant medical expenses and most likely loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim could include funeral and burial costs of your loved one, as well as the emotional trauma that you or your family experienced. Non-financial damages are more difficult to calculate. Your attorney will use different methods to determine the value 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 to support your claim. Insurance companies typically undervalue these damages in order to avoid paying higher settlements. In some rare instances you may be able to obtain punitive damages to punish the party who was negligent. These damages can only be awarded if a jury or judge finds the defendant's behavior to be particularly outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense with malice, willful or fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case will be resolved. If your claim is contested in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases however the parties will reach an agreement to settle their dispute outside of court. This means they can avoid the time and expense of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be concluded. A personal injury settlement covers both economic and non-economic damages. The former includes costs like medical expenses, lost wage and property damage. The latter include things such as suffering and pain, as well as the loss of enjoyment of life. Placing a monetary value on these damages is usually difficult however, an attorney can help determine what your injuries are worth. Typically an insurance company will typically offer an agreement before your case goes to trial. They will examine the evidence you've gathered and determine how much they will consider your claim. You may be required to submit an official demand letter that is accompanied by evidence and an offer for a suitable compensation amount. The insurer will likely make a counter-offer which is usually lower than the amount you request. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid claim, the settlement will cover your medical expenses and other expenses out of pocket due to your accident. In some instances the settlement could also include compensation for any future treatment that your doctor estimates that you will require due to 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 granted 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. Punitive damages may be awarded in the event that the defendant is determined to have been particularly negligent. This kind of compensation is designed to penalize the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit Once someone has contacted an attorney for personal injuries and has been advised collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Documentation of lost income or property damage should also be included in the claim. If the parties are unable to come to 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 account, explain the actions of the defendant, and request for an amount of money. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this stage, both parties will complete the discovery process in which they look into the claims and defenses of the other side. It can be a long process and may involve lots of documents. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also make an offer to the insurance company for a fair settlement. The insurance company can accept, decline or counteroffer the offer. It is important to have an experienced lawyer to ensure your rights are protected and maximize your compensation. A good lawyer can go through all the evidence available to ensure that your losses are compensated. They can also eliminate unnecessary expenses and help you to keep track of all the funds you are entitled receive. New York law allows for every person to be compensated for their share of the responsibility in cases where more than one person is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Depending on the specifics of a case, it may be resolved outside of court or in a trial.