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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages cover the future and past medical expenses and lost wages. Also, it covers pain and suffering and loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions which safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations are different for each state and type of claim and are usually subject to specific or limited exceptions. For example in New York, if you would like to file a lawsuit relating to injuries sustained in an automobile accident, the statute of limitations for these kinds of cases is three years. For other civil actions involving negligence like medical malpractice and product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitation that applies to your case and ensure that it is filed in time. A lawyer with experience can review your case to determine if there are any extensions or waivers that may be available. It is important to be aware that even when your statute of limitation is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your case, so that they can advise you of the options that are available. In the majority of instances, the statute of limitations will run from the date of the incident that led to your injury. However, in some situations, such as exposure to toxic 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 has been “tolled” or suspended, but these cases are extremely specific and should be examined by a knowledgeable personal injury lawyer. If you've suffered injury because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are intended to compensate you for losses associated with your injury, including medical bills, lost income and pain and suffering. Funeral expenses and emotional stress could be included in the special damages. If your loved one has died due to a reckless act of another you may also be able to recover wrongful death damages. To hold the party responsible accountable for your injuries the court must establish four elements: duty, breach, causation and damages. To establish the duty, the defendant must have the legal obligation to act responsibly in a specific circumstance. A failure to fulfill this obligation is known as negligence. The injury you suffered is directly caused by a breach of this duty. To be able to claim damages the injury must have caused severe damage or injury. For instance a car crash which resulted in a fractured arm could result in substantial medical costs and likely the loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family members have endured. Non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to calculate the value of your suffering and pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you mentally, physically, and emotionally. This can help you prove your case. Many insurance companies undervalue the damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the responsible party. These damages can only be awarded when an arbitrator or jury determines the defendant's behavior to be outrageous. This type of compensation is usually awarded in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness, fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your claim goes to trial the jury will decide how much they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle out of court. They can avoid the time and cost of the court trial. Additionally, it allows victims to collect their compensation sooner than they would have if they waited for the trial to conclude. The settlement for personal injuries includes the economic as well as other damages. The former include costs such as medical expenses loss of wages, property damage. The latter includes aspects such as suffering, pain and loss of enjoyment your life. It can be difficult to put a monetary amount on these losses, but an experienced attorney can assist you in determining the value of your injuries. Insurance companies typically offer an agreement to settle your case before it goes to trial. They will review the evidence you've collected and determine what they think your claim is worth. You might be required to submit an order letter, together with evidence and a request for a suitable compensation amount. You'll likely receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, the settlement will generally pay for medical bills and other out-of-pocket expenses related to the accident. In some cases your settlement could include a portion of any future treatment your doctor predicts 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 kind of compensation is usually awarded to spouses and children who are suffering due to the death of a loved one during an accident caused by another person's negligence. Punitive damages may be awarded when the defendant is found to have been particularly negligent. This kind of payment is designed to punish the defendant and prevent others from engaging in similar reckless behaviors. Filing a Lawsuit After contact with a personal injury attorney the client must begin collecting evidence of their losses. This may include documents like medical records, police reports and insurance policies. Include Allen injury attorney of property damage or lost income in your claim. If the parties cannot reach an agreement or agreement, the attorney representing the plaintiff can bring an action against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant hurt them, and request relief in the form of monetary compensation. A summons will also be filed and personally served on the defendant and serves as a notice that they are being sued. The defendant then has a certain amount of time to reply. In this process each side will complete the discovery phase where each party investigates the defenses and claims of the other. This can take a significant amount of time and will likely require a lot of documents. A lawyer can help to prepare for trial by arranging for experts to testify and gathering evidence. They can also to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept or decline the offer it or make a counteroffer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your payout. A competent lawyer can go through all evidence available to ensure that you're being compensated for every loss. They can also eliminate unnecessary expenses and help you to keep track of all the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. A knowledgeable lawyer can also assist with workers' compensation claims. Certain personal injury cases could require the use experts in fields such as medicine, economics, and engineering. Your lawyer will help you select a specialist who can provide testimony to help your case. Depending on the circumstances, some cases might be tried in court, while others will settle out of the court.