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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. To receive full damages, it is important to document your losses carefully. Keep the track of all medical expenses and out-of the pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of limitations If you've been injured by someone else's negligence or wrongful act, you must begin a lawsuit as quickly as possible. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations are different for each state and type of claim, and are typically subject to specific or limited exceptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence like medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitations applicable to your case and ensure that it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to remember that even the time limit has passed, you may still be able to file additional claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is advisable to speak with 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 starts to run from the date of the underlying incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the time limit does not begin until you are aware that you should have known, that your injury was result of a negligent act. This is known as the discovery rule. There are also rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be analyzed by a skilled 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 arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two types of damages which are: general and specific. General damages are intended to compensate you for the expenses resulting from your injury, such as medical bills, lost income, and pain and suffering. Funeral costs and emotional distress may be included in special damages. If your loved one died due to reckless conduct by another person, you could be able to claim wrongful death damage. To hold the person responsible accountable for your injury, a court must establish four elements that include breach, duty, causation and damages. To establish a defendant's obligation to be legally bound to act in a responsible manner in the specific situation. In the event of a breach of this obligation is known as negligence. A breach of this obligation is the direct cause of the injury you sustained. The injury must have caused substantial damage or serious injury to be able to claim damages. A car accident resulting in an injury to the hand could result in substantial medical costs and, most likely, the loss of income. The defendant's reckless or careless actions directly led to the injury. A wrongful death claim could be a result of the funeral and burial costs for your loved one and emotional distress that you or your family experienced. Non-financial damage is more difficult to determine. Your attorney will use different methods to determine the amount of your pain. Keeping a journal of your pain levels throughout the day and how the injuries affected your mental, physical and emotional health can help support your claim for these damages. Union City injury lawyers in order to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available if the judge or jury believes that the conduct of the defendant was particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. In order to receive these additional damages, you must prove 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 The amount you receive for your injuries will depend on how your case is decided. If your case is heard in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. They can avoid the time and cost of the court trial. It also allows victims to receive their compensation sooner than they would if they waited for the trial to be completed. The settlement for a personal injury includes damages that are both economic and non-economic. The former includes expenses like medical costs loss of wages, property damage. The latter includes aspects such as suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages is often challenging however, an attorney can help determine the value of your injuries. Typically, an insurance company will offer a settlement before your case goes to trial. They will review the evidence you have collected and decide what they believe your claim is worth. You may have to file an offer letter, which is accompanied by evidence and an offer for a suitable compensation amount. The insurance company will likely offer you a counter-offer which is usually lower than the amount you request. Your attorney can then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an undisputed legal claim, the settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In certain cases your settlement could include compensation for any future treatment your doctor estimates that 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 typically awarded to spouses or children who have suffered because of the loss of a loved ones as a result of an accident that was caused by the negligence of another. You could also be awarded punitive damages if the defendant is found to be especially negligent. This type of compensation is designed to penalize the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit Once a person has contacted an attorney for personal injury the next step is collecting evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Documentation of lost income or property damage should be included in a claim. If the parties fail to reach a settlement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally served to the defendant as a notice that they are being sued. The defendant then has a certain amount of time to respond. In this process both sides will go through the discovery phase where each party investigates the other's claims and defenses. This can take a significant amount of time and likely involve a lot of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your compensation. A competent lawyer can go through all available evidence to verify that you are compensated for every loss. They can also eliminate unnecessary expenses and assist you to keep track of the funds you are entitled receive. New York law allows for everyone to be compensated for their part of the blame if more than one party is accountable for an accident. A skilled attorney can also assist in workers compensation cases. Certain personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will assist you in selecting an expert who will be able to provide evidence to back your case. Depending on the circumstances, some cases might go to trial, while others will settle outside of court.