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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. To receive full damages, it's important to document your losses carefully. Keep an eye on the medical expenses and out of pocket costs. Economic damages include the future and past medical expenses and lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of limitations If you've been injured by a negligent action or negligence it is imperative to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These time limits can vary depending on the state and the type of claim and are typically subject to limited or special exemptions. In New York, for example, if you wish to file a lawsuit relating to injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence such as medical negligence, product liability and wrongful death the statute of limitations is two years. A lawyer can assist you in determining the statute of limitation that applies to your case and ensure that the case is filed on time. An experienced lawyer can examine your case to determine if there are any extensions or waivers that could be available. It is important to remember that even if the time limit has passed however, you may be able to file additional claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can about your case, so that they can provide you with the options available. In the majority of instances, the statute of limitations begins to run from the date of the incident that caused you injury. However, in certain situations such as exposure to harmful substances or medical negligence the statute of limitations does not start to run until you realize or reasonably should have realized that your injury was caused by the negligent action. This is referred to as the discovery rule. There are rare circumstances where the statute of limitation is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury attorney to analyze. Littman & Babiarz's attorneys can assist you if you have been injured due to another person's wrongful behavior. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term for this is “damages.” There are two types of damages that are general and special. General damages are intended to compensate you for costs resulting from your injury, which includes medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress can be incorporated into special damages. If a loved one passed away due to a reckless act of another you may also be able to recover damages for wrongful death. A court must establish four elements to determine the party responsible for your injury that result from a breach of duty, causation and damages. To establish a defendant's duty, they must be legally bound to behave responsibly in the specific situation. Negligence is the failure to perform this obligation. A breach of this obligation is a direct cause of the injury you sustained. To be able to claim damages the injury must have caused serious harm or caused significant damage. For instance a car crash that caused a broken arm would result in significant medical expenses, and most likely an interruption in wages. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim might be a result of the funeral and burial expenses for your loved one as well as emotional distress that your family or you felt. Non-financial damages are harder to determine. Your lawyer will employ different methods to calculate the value of your pain and suffering. Keep a diary to document your daily pain level and how your injuries have affected you physically physical, emotionally, and physically. This will help prove your case. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In rare cases, you can seek punitive damages to punish the negligent party. These damages are only granted when a jury or judge finds the defendant's actions to be particularly outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant committed the offense with malice, willful or fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your claim is contested by a jury, the jury will decide the amount you're awarded for your injuries and losses. In many cases, the parties will agree to settle their dispute outside of court. This allows them to avoid the time and cost of a trial. It also allows victims to collect their compensation earlier than they would should they wait for the trial process to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former include costs like medical expenses loss of wages, property damage. The latter include things such as suffering, pain and loss of enjoyment of your life. Calculating a dollar value for these damages is often challenging however an attorney can help determine what your injuries are worth. Typically, an insurance company will usually offer a settlement before your case goes to trial. They will examine the evidence you have collected and determine how much they consider your claim. You may be required to submit an order letter, along with your evidence and an offer for a reasonable compensation amount. You will most likely receive a counter-offer by the insurer, which is usually less than what you asked for. Your attorney will then negotiate an equitable settlement with the insurance company. If New York injury attorneys have a valid claim the settlement will pay your medical expenses as well as other out-of-pocket expenses associated with the accident. In some cases your settlement could include compensation for any future treatment 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. This type of compensation is usually given to children or spouses who suffered as a result of the death of a loved ones as a result of an accident caused by someone else's negligence. You could also be eligible for punitive damages if you were found to be negligent in particular. This type of compensation is designed to punish the defendant and deter others from engaging in reckless conduct. Filing an action After a person has spoken with a personal injury lawyer and has been advised to collect evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of property damage or income loss in your claim. If the parties fail 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 outline the claimant's version of events, outline how the actions of the defendant harmed them, and seek relief in the form monetary compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this time both sides will go through the discovery phase where each party investigates the other's claims and defenses. It can be a long process and may involve an extensive amount of documentation. A lawyer can help prepare for trial by arranging expert witnesses and obtaining evidence. They can also assist in calculating damages. They may also request a fair settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer. It is essential to hire an experienced lawyer to protect your rights and maximize your compensation. The right attorney can comb through all of the available evidence to confirm that you are paid for every loss. They can also weed out unnecessary expenses and help to keep track of all the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the blame if more than one party is accountable for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to testify and help support your case. Depending on the situation, some cases may go to trial, while others will settle out of court.