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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. Documenting your losses is essential to receive the full amount of damages. Keep the track of the medical expenses and out of the pocket expenses. Economic damages are a result of your future and past medical costs and lost wages. It also covers your pain and suffering as well as the 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 possible. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ according to the state and claim type and are typically subject to specific or limited exemptions. For example in New York, if you want to file a lawsuit relating to injuries sustained in an automobile accident the statute of limitation for these types of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help you determine the statute of limitation applicable to your case, and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that might be available. It is important to keep in mind that even when the statute of limitations has expired, you may still be able to file additional claims for compensation related to your injuries, including workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so they can provide you with the various options that are available. In most cases, the statute of limitations begins to run on the date of the incident that led to your injury. However, in certain circumstances such as exposure to harmful substances or medical negligence, the statute of limitations will not begin to run until you have realized or ought to have realized that your injury was caused by 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 cases are factual and require a skilled personal injury lawyer to evaluate. If you've suffered injury by someone else's reckless 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 accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages which are: general and specific. General damages are intended to provide you with compensation for your losses, such as medical bills as well as lost wages and discomfort and pain. Special damages could include funeral costs as well as emotional stress. If a loved one passed away due to the reckless conduct of another, you can also recover damages for wrongful death. To hold the responsible party accountable for your injury the court must establish four elements: duty, breach, causation and damages. To establish a defendant's duty to be legally bound to act responsibly in the given circumstance. Negligence is the failure to perform this duty. The injury you suffered is directly caused by a breach of this obligation. The injury must have caused serious damage or serious injury to be able to claim damages. A car accident that causes a severed hand would result in significant medical expenses, and most likely a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim could involve the funeral and burial expenses for your loved one, as well as the emotional distress that your family or you suffered. Non-financial damages can be more difficult to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the responsible party. These damages are only available if the judge or jury believes that the defendant's behavior was particularly outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, wantonness, fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial the jury will decide how much they will pay you for your injuries and losses. In a lot of cases parties, however to settle out of court. They are able to avoid the lengthy and expense of an in-court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be concluded. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical costs as well as lost wages and property damage. The latter include aspects such as pain and suffering and the loss of enjoyment. It isn't always easy to quantify the value on these damages, but an experienced attorney can assist you in determining the value of your injuries. Typically, an insurance company will offer a settlement prior to the case goes to trial. They will look over the evidence you have amassed and determine how they will consider your claim. You may be required to file an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. Gilbert injury lawyer will most likely receive a counter-offer from your insurer, which is usually lower than what you requested. Your lawyer can negotiate with the insurer to reach an acceptable settlement for your injuries. If you have an undisputed legal claim, your settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In some cases the settlement could also include compensation for any future treatment that your doctor predicts you'll require due to 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 and children who suffer because of the death of a loved one in an accident caused by someone else's negligence. You may also receive punitive damages if you were found to be especially negligent. This kind of compensation is designed to punish the defendant, and deter others from engaging in reckless behavior. Filing an action After contact with an attorney for personal injuries, a person should begin accumulating evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include evidence of damage to property or lost income in your claim. If the parties are unable to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant and request for monetary compensation. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant is given a certain amount of time in which to respond. In this phase, both parties will complete the discovery process, where they examine the defenses and claims of the other party. This can take a significant amount of time and likely require a significant amount of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They can also make a demand to the insurance company for an appropriate settlement. The insurance company can accept, reject or counteroffer the offer. It is vital to have an attorney who knows the law to protect your rights and maximize recovery. A good lawyer will be able to look through all the evidence to confirm that your losses are being compensated. They can also help you eliminate unnecessary expenses and help to keep track of the money you are entitled to receive. If more than one person is at fault for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable attorney can assist in workers claims for compensation. Certain personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer can assist you in locating an expert who can provide testimony to back your case. Depending on the circumstances, certain cases may be tried in court, while others will settle out of court.