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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages are the cost of your current and future medical expenses and lost wages. Also covered are pain and suffering as well as loss of companionship. Statute of Limitations If you have been injured due to another person's wrongful act or negligence, it is important that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations vary by state and type of claim and are usually subject to specific or limited exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. For civil actions that involve negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help you determine the time limit applicable to your case and ensure it is filed on time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to know that even when your statute of limitation is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to speak with an attorney regarding your case as soon as you can to ensure that they can inform you of all options. In the majority of cases, 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 toxic substances or medical malpractice the statute of limitations does not begin to run until you have realized or should have known that your injury was caused by the negligent act. This is called the discovery rule. There are also instances where the statute of limitations has been “tolled” or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured by the negligence of another. Contact us today for your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are meant to compensate you 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 party responsible accountable for your injuries the court must establish four elements that include breach, duty, damages and causation. To establish the duty, the defendant must have a legal obligation to be responsible in a specific situation. A failure to fulfill this obligation is called negligence. The injury you sustained is directly resulting from a breach of this obligation. The injury must have caused significant damage or serious harm in order to be eligible for damages. A car accident resulting in an injured hand could result in significant medical expenses and, most likely, the loss of income. The injury was directly caused by the defendant's negligent or reckless actions. A wrongful death claim could involve the funeral and burial costs for your loved one and emotional pain that you or your family felt. Non-financial damage is more difficult to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Keeping a journal of your daily pain levels and how the injuries have affected your mental, physical and emotional health can help support your claim for these damages. Insurance companies typically undervalue these damages in order to avoid paying more settlements. In some cases, your attorney can seek punitive damages, which are intended to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's behavior was particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant acted with malice, willfulness, or oppression or an avowed disregard for the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your case is heard by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In many cases however, the parties will agree to settle the matter outside of court. This means they can save the time and money of a trial. This allows victims to get their compensation sooner than if they had to wait for the trial to be concluded. The settlement for personal injuries will include the economic as well as other damages. The former include expenses like medical costs loss of wages, property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment. Placing a monetary value on these damages can be difficult however an attorney can help you determine what your injuries are worth. Insurance companies will usually offer settlements to settle your case before it goes to trial. They will review the evidence you've gathered and decide what they believe your claim is worth. You may be required to submit a demand letter, which is accompanied by your evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer from your insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses as well as other out-of pocket expenses associated with your accident. In some cases, your settlement will also include compensation for any future treatment that your doctor estimates you'll require due to 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 loss of a loved ones due to an accident caused by negligence of someone else's. Punitive damages can be awarded if the defendant is found to have been negligent. This type of compensation is intended to penalize the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit After a person has spoken with a personal injury lawyer the next step is to gather documentation of their losses. This may include documents like medical records as well as police reports and insurance policies. Documentation of loss of income or property damage should also be included in the claim. If the parties are unable to reach an agreement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the claimant's account, explain the defendant's actions and ask for an amount of money. You Tube is also filed and handed over to the defendant. This is a notice that they are being sued. The defendant is then given a certain amount of time to reply. During this phase, both parties will complete the discovery process where they examine the claims and defenses of the other. This can take a significant amount of time and likely require a lot of documentation. A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They can also to assist in calculating damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company can accept the offer, decline it, or offer a counteroffer. It is crucial to have an experienced lawyer who can protect your rights and maximize your payout. An experienced lawyer will comb through all the available evidence to confirm that you are being compensated for each loss. They can also help you reduce unnecessary expenses and track the amount of money you're entitled. New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer can assist you in locating experts who can provide testimony to support your case. Depending on the circumstances of a case, it could be resolved outside of court or in a trial.