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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. It is crucial to document your losses to receiving full damages. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages cover the future and past medical costs and lost wages. It also covers the pain and suffering you endured as well as 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. These limitations are different for each state and claim type and are usually subject to special or limited exceptions. In New York, for example when you want to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that the case is filed on 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 note that even if the statute of limitations has expired but you might still be able to file other claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. It is recommended to consult with an attorney about your case as soon as you can to ensure that they can inform you of the options available to you. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the limitation period is not set until you realize, or reasonably would have known that your injury is result of a negligent act. This is referred to as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured by an unintentional act of another. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. 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 losses associated with your injury, including medical bills, lost income and suffering and pain. Special damages may include funeral expenses and emotional stress. If your loved one died because of reckless behavior by a third party, you could be able to claim wrongful death damage. A court must establish four factors to find the responsible party liable for your injuries that result from a breach of duty, causation, and damages. To establish a duty, the defendant must have an obligation under law to act responsibly in a particular situation. A failure to fulfill this obligation is called negligence. A breach of this duty is a direct cause for the injury you suffered. The injury must have caused serious damage or serious injury to qualify for damages. For instance, a car accident that resulted in a severed arm would result in significant medical costs and likely an interruption in wages. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional stress you or your family have experienced. Damages that are not financial are more difficult to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a journal to record your pain levels throughout the day and how your injuries affect you mentally as well as physically. This can help you prove your case. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's conduct was particularly outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or a conscious disregard for the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim is tried by a jury, the jury will decide the amount you will be awarded for your losses and injuries. In many cases the parties will reach an agreement to settle their dispute outside of court. They are able to avoid the lengthy and cost of an in-court trial. This also allows victims to recover their compensation earlier than if they waited for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former includes expenses like medical costs, lost wage and property damage. The latter include things such as pain, suffering and loss of enjoyment your life. Placing a monetary value on these damages can be difficult, but an attorney can help determine what your injuries are worth. Insurance companies will usually offer an agreement to settle your case prior to it goes to trial. They will look over the evidence you've collected and determine what they feel your claim is worth. You may have to file a demand letter, which includes your evidence and a request for an appropriate compensation amount. You'll likely receive a counter-offer from your insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate a fair settlement with the insurer. If you have a valid claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket related to the accident. In some instances your settlement could include compensation for any future treatments that your doctor believes you will need 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 children or spouses who have suffered due to the loss of a loved ones due to an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant was found to be especially negligent. This type of payment is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After making contact with an attorney for personal injury, a person should begin accumulating evidence of their losses. Documents like medical records, police reports and insurance policies could be included. Include evidence of damage to property or lost income in your claim. If the parties cannot agree on a settlement the attorney for the plaintiff may bring an action against the defendant. The complaint will provide the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons will also be filed and personally served on the defendant as a notice that they are being accused of a crime. The defendant has a limited timeframe to respond. During this time both sides will go through the discovery phase in which each side investigates the other's claims and defenses. This can take a significant amount of time and will likely require a significant amount of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company may accept, decline or counter-offer the offer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your payout. The right attorney can comb through all available evidence to confirm that you're being compensated for every loss. They can also weed out unnecessary expenses and assist you to keep track of the amount you are entitled to receive. New York law allows for each person to be compensated for their share of the responsibility in cases where more than one party is accountable for an accident. An experienced attorney can assist with workers claims for compensation. Certain personal injury cases could require experts from fields such as medicine, economics, and engineering. Elgin injury attorneys YouTube can assist you in locating experts who can provide testimony to help your case. Depending on the circumstances, certain cases could be tried in court, while others settle out of the court.