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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of all medical expenses and out-of the pocket expenses. Economic damages cover the cost of your current and future medical expenses and lost wages. Also covered are the pain and suffering and loss of companionship. Statute of Limitations If you've been injured by the negligence of someone else or by a wrongful act, you must file a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These time limits can vary depending on the state and the type of claim and are usually subject to special or limited exemptions. For instance in New York, if you would like to bring a lawsuit for injuries sustained in an auto accident the statute of limitations for these kinds of cases is three years. For other civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitations that applies to your case and ensure that it is filed in time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to keep in mind that even if the statute of limitations has run out, you may still be able to file other claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can inform you of the options available. In the majority of cases, your statute of limitations begins to run on the date of the incident that led to your injury. However, in certain circumstances like exposure to toxic substances or medical negligence the statute of limitations does not start to run until you have realized or should have known that your injury was caused by a negligent act. This is known as the discovery rule. There are rare circumstances where the statute of limitations is “tolled” or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can help you if you were injured as a result of an unintentional act of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person 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 designed to compensate you for the expenses resulting from your injury, such as medical expenses, lost income and pain and suffering. Special damages could include funeral expenses and emotional stress. If your loved one has died because of another's reckless behavior, you can also recover damages for wrongful death. To hold the person responsible accountable for your injuries the court must establish four elements which are breach, duty, causation and damages. To establish a defendant's duty, they must be legally bound to act responsibly in the particular circumstance. A failure to fulfill this obligation is called negligence. The injury you sustained is directly caused by a breach of this obligation. The injury must have caused significant damage or serious injury to be able to claim damages. For example a car crash that caused a broken arm would result in significant medical expenses, and most likely the loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional distress you or your family members have experienced. Non-financial damages are more difficult to determine. Your attorney will employ different methods to determine the amount of your pain. Keeping a journal of your daily pain levels and how your injuries have affected your physical, mental and emotional health can help support your claim for these damages. Insurance companies tend to undervalue these damages to avoid paying more settlements. In some rare instances, you can seek punitive damages to punish the negligent party. These damages can only be awarded when an arbitrator or jury determines the defendant's behavior to be particularly outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, or malicious actions, and nursing home abuse. To get these additional damages, you must prove to your lawyer that the defendant was acting with malice, willfulness, or oppression or an avowed indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case is resolved. If your case goes to trial, a jury will decide how much to 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 expense of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be completed. The settlement for personal injuries will include the economic as well as other damages. The former includes costs like medical expenses as well as lost wages and property damage. The latter covers aspects like suffering, pain, and loss of enjoyment of your life. It isn't always easy to put a monetary amount on these losses, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will typically offer an agreement before your case goes to trial. They will examine the evidence you have gathered and determine how much they consider your claim. You may have to file a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. The insurance company will likely send you a counter-offer, which is often lower than your requested amount. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid legal claim, the settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some instances the settlement could 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. www.youtube.com of compensation is typically awarded to spouses and children who suffer due to the death of a loved one in an accident caused by someone else'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 similar reckless actions. Filing an action After a person has spoken with an attorney for personal injury the next step is to gather documentation of their losses. Documents such as medical records, police reports, and insurance policies may be included. Documentation of loss of income or property damage must be included in the claim. If the parties are unable to reach an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for monetary compensation. A summons is also issued and personally served on the defendant, which is a notification that they are being sued. The defendant is given a specific timeframe to respond. During this phase the parties will go through the discovery process where they examine the defenses and claims of the other party. It can be a long process and may involve a great deal of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They will also be able to assist in the calculation of damages. They can also make a demand to the insurance company for a fair settlement. The insurance company may accept the offer, reject it or make a counteroffer. It is vital to have an attorney who is knowledgeable of the law in order to protect your rights and maximize your recovery. The right attorney can comb through all of the available evidence to verify that you are paid for every loss. They can also help you eliminate unnecessary expenses and help to keep track of all the amount you are entitled to receive. If more than one person is liable for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable lawyer can also assist with claims for workers' compensation. Certain personal injury cases could require the assistance of experts in areas like economics, medicine, or engineering. Your lawyer will assist you in selecting a specialist who will be able to provide evidence to support your case. Depending on the circumstances of a case, it can be decided out-of-court or at trial.