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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. To be able to claim full damages, it is essential to keep track of your losses meticulously. This includes keeping track of your medical expenses and out of pocket expenses. Link Website include the future and past medical expenses and lost wages. Also, it covers the pain and suffering as well as loss of companionship. Statute of Limitations If you've suffered injuries due to negligence or a negligent act, you must begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These time limits can vary according to the state and the type of claim, and are often subjected to limited or special exemptions. In New York, for example when you want to file a lawsuit for injuries caused by a car accident the statute of limitations are three years. For other civil actions involving negligence like medical malpractice and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed in time. An experienced lawyer can review your case to determine if there are any extensions or waivers that might be available. You should be aware that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so they can advise you of the options available. In most instances, your statute of limitations will expire on the date of the incident that led to your injury. However, in some situations, such as exposure to harmful substances or medical negligence, the statute of limitations will not start to run until you realize or should have known that your injury was the result of a negligent act. This is referred to as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to evaluate. Littman & Babiarz's attorneys can assist you if you have been injured due to another person's wrongful behavior. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to pay for the losses you have suffered, such as medical bills as well as lost wages and pain and discomfort. Special damages could include funeral costs and emotional distress. If a loved one died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. 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 defendant's duty, they must be legally bound to act in a responsible manner in the given situation. Failure to meet this obligation is referred to as negligence. The injury you suffered is directly resulting from a breach of this obligation. The injury must have caused substantial damage or caused serious harm to qualify for damages. A car accident resulting in an injury to the hand could result in significant medical expenses and, most likely, the loss of income. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim might include funeral and burial costs for your loved one as well as emotional trauma that you or your family felt. Non-financial damages are harder to determine. Your attorney will employ different methods to determine the value of your pain. Keep a diary to document your pain levels throughout the day and how your injuries have affected you mentally physical, emotionally, and physically. This will help support your claim. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases your lawyer can pursue punitive damages. These are intended to penalize the party who was negligent. These damages are only available when a judge or jury feels that the defendant's conduct was especially outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, or malicious actions, and nursing home abuse. To get these additional damages, you need to show to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your claim is contested, a jury will determine the amount you will be awarded for your injuries and losses. In a lot of cases, however, parties agree to settle outside of the courtroom. They are able to avoid the time and cost of the court trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to conclude. The settlement for personal injuries includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter include things like suffering, pain, and loss of enjoyment of your life. It isn't always easy 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 review the evidence you have gathered and determine how much they will consider your claim. You may be required to file an official demand letter that is accompanied by your evidence and a request for an appropriate compensation amount. The insurance company will likely make a counter-offer that is typically less than the amount you requested. Your lawyer can negotiate an equitable settlement with the insurer. If you have a valid claim, the settlement will cover your medical expenses and other out-of-pocket expenses related to your accident. In some instances, your settlement will also include compensation for future treatment that your doctor estimates you'll require because 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 kind of compensation is typically given to children or spouses who suffered as a result of the death of a loved one as a result an accident caused by the negligence of another. You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing a Lawsuit After a person has spoken with an attorney for personal injury and has been advised collecting evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them, and request relief in the form of monetary compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a certain amount of time in which to respond. During this phase, both parties will complete the discovery process in which they investigate the defenses and claims of the other side. This could take a considerable amount of time and will likely require a lot of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and collecting evidence. They can also to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company can accept the offer, decline it, or offer a counteroffer. It is crucial to hire an attorney who is knowledgeable of the law to safeguard your rights and maximize the amount of compensation you receive. A competent lawyer can go through all of the evidence available to ensure that you are paid for every loss. They can also assist you to cut out unnecessary expenses and keep track of the amount you're entitled to. New York law allows for every person to be compensated for their part of the blame if more than one person is responsible for an accident. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases require the use of experts in fields such as medicine, economics and engineering. Your lawyer will help you choose a qualified expert to testify and help support your case. Based on the circumstances, certain cases could be tried in court, while others will settle outside of court.