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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages are a result of the future and past medical expenses as well as lost wages. It also covers the pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to the negligence of someone else or by a wrongful action, you should start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. The time limitations vary by state and type of claim and they are often subject to special or limited exceptions. For instance in New York, if you are seeking to file a lawsuit over injuries sustained in an automobile accident, the statute of limitations for these kinds of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can help you determine the statute of limitation that applies to your particular case, and ensure that it is filed in time. An experienced lawyer can analyze your case to determine if there are extensions or waivers that could be available. It is important to keep in mind that even if the statute of limitations has expired however, you may be able to file other claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to consult an attorney about your situation as soon as you can and so that they can provide you with all your options. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident that led to your injury. However, in some situations like exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are some rare situations in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a skilled personal injury lawyer to evaluate. The attorneys at Littman & Babiarz can assist you if you were injured as a result of the negligence of another. Contact us to schedule an appointment for a free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the person responsible for your injury. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are intended to compensate you for your losses like medical bills, lost wages, and discomfort and pain. 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 wrongful death. A court must establish four elements to determine the party responsible for your injuries such as breach of duty, causation, and damages. To establish the duty, the defendant must have an obligation under law to act responsibly in a particular situation. In the event of a breach of this obligation is known as negligence. A breach of this obligation is a direct cause of the injury you suffered. The injury must have caused serious damage or serious injury to qualify for damages. A car accident resulting in an injured hand could result in substantial medical costs and, most likely, loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim might involve the funeral and burial costs of your loved one and emotional trauma that you or your family felt. Non-financial damages are more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Keeping a journal of your pain levels throughout the day and how your injuries have affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only available if a judge or jury feels that the defendant's behavior was particularly outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you must demonstrate to your lawyer that the defendant acted with malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your case goes to trial the jury will determine how much to award you for your injuries and losses. In many cases however the parties will reach an agreement to settle out of court. This lets them avoid the time and expense of a trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed. The settlement for personal injuries will include both economic and other damages. The former covers costs such as medical expenses, lost wage and property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, however an experienced attorney can assist you in determining the value of your injuries. Insurance companies will usually offer settlements to settle your claim before it goes to trial. They will examine the evidence you've collected and determine what they think your claim is worth. You might be required to submit a letter of demand, along with your evidence and a request for a suitable amount of compensation. The insurance company will likely offer you a counter-offer which is often less than the amount you requested. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid legal claim, your settlement will generally pay for medical bills as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include compensation for any future treatment that your doctor believes you'll require as a result. 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 their loved ones as a result of an accident that was caused by the negligence of another. You could also be eligible for punitive damages if you were found to be negligent in particular. This type of compensation is designed to punish the defendant and to discourage others from engaging in reckless behavior. Filing an action After making contact with a personal injury attorney the client should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies can be included. Documentation of lost income or property damage must be included in a claim. If the parties fail to reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant harmed them, and request relief in the form of monetary compensation. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant has a limited time frame in which to respond. In this phase, both parties will complete the discovery process where they investigate the claims and defenses of the other. This could be a lengthy process and could require an extensive amount of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. Clearwater injury attorneys can also to assist in the calculation of damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company may accept, deny or counteroffer the offer. It is crucial to have an experienced lawyer to protect your rights and maximize your payout. The right attorney can comb through all of the evidence available to ensure that you are paid for every loss. They can also help you reduce unnecessary expenses and keep track of the money you're entitled to. New York law allows for every person to be compensated for their share of the blame if more than one person is responsible for an accident. A skilled lawyer can also assist with workers' compensation claims. Certain personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the facts of a case, it can be decided outside of court or in a trial.