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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. Keep the track of the medical expenses and out of pocket costs. Economic damages cover your past and future medical costs and lost wages. It also covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you have been injured by a negligent action or negligence it is imperative to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. The time limitations vary by state and type of claim and are typically subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. For civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitations applicable to your case and ensure that it is filed on time. An experienced lawyer can examine your case to determine if there are extensions or waivers that could be possible. It is important to remember that even if the time limit has passed but you might still be able to file additional claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your case, so that they can provide you with the options that are available. In most cases, the statute of limitations starts to run from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit is not established until you recognize or could have realized that your injury was result of a negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can assist you if you were injured as a result of an unintentional act of another. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the person 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 designed to compensate you for expenses resulting from your injury, such as medical expenses, lost income and pain and suffering. Special damages could include funeral expenses and emotional distress. If your loved one has died due to a reckless act of another, you can also recover damages for the wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements that include breach, duty, causation and damages. To establish a duty the defendant must be under the legal obligation to be responsible in a particular situation. Negligence is the inability to fulfill this obligation. The injury you suffered was directly caused by a violation of this duty. The injury must have caused serious damage or serious harm to qualify for damages. For instance, a car accident which resulted in a fractured arm would have substantial medical expenses, and most likely an interruption in wages. The defendant's reckless or negligent actions directly led to the injury. The wrongful death claim may include funeral and burial costs for your loved one and emotional pain you or your family experienced. Damages that are not financial are more difficult to determine. Your attorney will employ different methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Insurance companies typically undervalue these damages to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the negligent party. These damages can only be awarded when the judge or jury finds the defendant's conduct to be particularly outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your claim goes to trial, a jury will decide how much to award you for your injuries and losses. In many cases, however, parties agree to settle out of court. They can avoid the time and cost of the court trial. This also allows victims to collect their compensation sooner than they would if they waited for the trial to complete. A personal injury settlement includes both economic and non-economic damages. The former include costs such as medical expenses, lost wage and property damage. The latter covers aspects like pain, suffering and loss of enjoyment your life. It can be difficult to quantify the value on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies typically offer settlements to settle your case before it goes to trial. They will examine the evidence that you have collected and determine how much they will consider your claim. You may be required to submit an official demand letter that includes your evidence and a request for an appropriate compensation amount. The insurer will likely make a counter-offer that is typically lower than your requested amount. Your attorney can then negotiate a fair settlement with the insurer. If you have a valid legal claim, your settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In certain instances, your settlement will also include compensation for 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 usually given to children or spouses who have suffered due to the death of a loved one as a result an accident that was caused by someone else's negligence. Punitive damages are possible in the event that the defendant is determined to have been particularly negligent. This kind of compensation is designed to punish the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit After a person has spoken with an attorney for personal injuries 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 damage to your property or lost income in your claim. If the parties are unable to reach a settlement, the plaintiff's attorney may file a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, describe how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons is also filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant is then given an appropriate amount of time to reply. During this time, both sides will complete the discovery phase in which each side investigates the other's claims and defenses. This could be a lengthy process and could require lots of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company could accept or decline the offer it, or offer a counteroffer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your payout. The right attorney can comb through all of the available evidence to confirm that you're being compensated for each loss. They can also help you eliminate unnecessary expenses and help to keep track of all the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the responsibility if more than one party is responsible for an accident. An experienced attorney can help with workers' compensation cases. Some personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Allen injury lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the situation, some cases might go to trial while others will settle outside of the court.