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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries receive fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages include the costs of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering and loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time limits that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ according to the state and claim type and are typically subject to limited or special exemptions. In New York, for example when you want to file a lawsuit relating to injuries that result from a car crash, the statutes of limitations are three years. The statute of limitations 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 determine the statute of limitations that applies to your particular case and ensure it is filed in a timely manner. A lawyer with experience will review your case to determine if there are extensions or waivers that could be possible. It is important to keep in mind that even if the time limit has passed however, you may be able to make claims for compensation related to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney about your case as soon as you can, so that he or she can provide you with all your options. In most instances, the statute of limitations will begin running from the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice, the time limit is not set until you realize or could have realized that your injury was caused by a negligent act. This is known as the discovery rule. There are a few rare instances where the statute of limitation is “tolled”, or suspended. These cases are factual and require a knowledgeable personal injury lawyer to look into. The attorneys at Littman & Babiarz 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 who is responsible for your injury. The legal term used to describe this is “damages.” There are two types of damages which are: general and specific. General damages are intended to compensate you for the costs resulting from your injury, which includes medical bills, lost income and pain and suffering. Funeral costs and emotional distress may be included in special damages. If your loved one has died due to a reckless act of another you may also be entitled to damages for wrongful death. To hold the person responsible accountable for your injury, a court must determine four elements that include breach, duty, damages and causation. To establish a duty, the defendant must have a legal obligation to be responsible in a specific circumstance. Negligence is the inability to fulfill this duty. A breach of this duty is the direct cause of the injury you sustained. To be eligible for damages, the injury must have caused significant harm or significant damage. For instance a car crash which resulted in a fractured arm would have substantial medical expenses, and most likely the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A claim for wrongful death could be a result of the funeral and burial costs for your loved one, as well as the emotional pain that your family or you felt. Non-financial damages are harder to calculate. Your attorney will employ different methods to calculate the worth of your suffering and pain. Keep a diary to document your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly outrageous. This type of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. In order to receive these additional damages, you must prove to your lawyer that the defendant acted with malice, willfulness, or oppression, or a conscious indifference towards the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case will be decided. If your claim is tried in court, a jury will decide how much you are awarded for your losses and injuries. In many cases the parties will agree to settle out of court. They are able to avoid the lengthy and expense of a court trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like pain, suffering and loss of enjoyment of your life. It can be difficult to quantify the value on these damages, however an experienced lawyer can help you determine the value of your injuries. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will examine the evidence that you have gathered and determine how much they consider your claim. You may have to send an official demand letter that includes your evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer by the insurer, which is typically lower than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate 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 will also include a portion of the future treatments that your doctor believes you'll require as a result of 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 given to children and spouses who suffer due to the loss of a loved one due to an accident caused by someone else's negligence. 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 behaviors. Filing an action Once a person has contacted an attorney for personal injury and has been advised collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties are unable to reach an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons is also filed and personally delivered to the defendant. It is a notification that they are being sued. The defendant is given a specific timeframe to respond. In this process, both sides will complete the discovery phase, where each side will investigate the defenses and claims of the other. It can be a long process and could require lots of documents. A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They are also able to assist in calculating damages. They can also demand an appropriate settlement from the insurance company. The insurance company can accept, deny or counter-offer the offer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your compensation. A competent lawyer can go through all the available evidence to verify that you are being compensated for each loss. They can also assist you to cut out unnecessary costs and track the amount you're entitled to. New York law allows for everyone to be compensated for their share of the blame if more than one party is responsible for an accident. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Pawtucket injury attorneys YouTube will assist you choose the right expert to testify in support of your case. Based on the situation, some cases might go to trial, while others settle out of court.