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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. To be able to claim full damages, it's important to record your losses in a meticulous manner. Keep the track of all medical expenses and out-of expenses out of pocket. Economic damages cover your future and past medical expenses as well as lost wages. It also covers your pain and suffering, as well as the loss of companionship. Statute of limitations If you've been injured because of a negligent negligence or action it is imperative that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and claim type and are usually subject to specific or limited exceptions. For instance, in New York, if you want to file a lawsuit over injuries caused by an auto accident the statute of limitations for these types of cases is three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can help you determine the statute of limitations applicable to your case and ensure that it is filed on time. A lawyer with experience will examine your case to determine if there are any extensions or waivers that may be possible. It is important to know that even if your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to speak an attorney about your situation as soon as you can to ensure that he or she can provide you with all your options. In the majority of cases, the statute of limitations starts to run from the date of the underlying incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice the time limit is not set until you are aware or could have realized that your injury was caused by a negligent action. This is called the discovery rule. There are rare circumstances where the statute of limitation is “tolled” or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to look into. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury lawsuit is to receive financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are designed to compensate you for expenses resulting from your injury, which includes medical expenses, lost income and suffering and pain. Funeral expenses and emotional distress could be included in the special damages. If a loved one died due to a reckless act of another you may also be able to recover wrongful death damages. To hold the party responsible accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish a defendant's obligation to be legally bound to act responsibly in the specific circumstance. Negligence is the inability to fulfill this obligation. The injury you suffered was directly resulting from a breach of this duty. To be able to claim damages, the injury must have caused serious damage or injury. A car accident that causes an injured hand could result in substantial medical costs, and most likely a loss of income. The defendant's reckless or careless actions directly contributed to the injury. A wrongful death claim could be a result of the funeral and burial costs of your loved one as well as emotional pain that you or your family experienced. Non-financial damages are harder to determine. Your attorney will use a variety of methods to calculate the worth of your suffering and pain. Keep a journal to record your daily pain level and how your injuries have affected you physically, physically, and emotionally. This can help you to support your claim. Insurance companies typically undervalue these damages in order to avoid paying more settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the defendant's conduct was especially outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The amount you receive for your injuries is contingent on how your case is determined. If your case goes to trial, a jury will decide how much to award you for your losses and injuries. In many cases the parties will agree to settle out of court. This lets them avoid the time and expense of a trial. Additionally, it allows victims to receive their compensation earlier than have if they waited for the trial to complete. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects like pain and suffering and the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these damages, however an experienced attorney can assist you in determining the worth of your injuries. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will examine the evidence you've amassed and determine how they consider your claim. You may be required to provide an order letter, along with your evidence and a request for a suitable compensation amount. Most likely, you will receive a counter-offer by the insurer, which is usually lower than what you requested. Your attorney will then negotiate an equitable settlement with the insurer. If you have an appropriate claim the settlement will pay your medical expenses as well as other out-of-pocket expenses associated with the accident. In certain instances your settlement could 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 awarded to spouses or children who have suffered due to the death of their loved ones due to an accident caused by the negligence of another. Punitive damages are possible if the defendant is found to have been negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in similar reckless actions. Filing an action After contact with a personal injury attorney the client should begin accumulating evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Documentation of lost income or property damage should also be included in an insurance claim. If the parties are unable to reach a settlement the attorney for the plaintiff may start an action against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant hurt them, and request relief in the form monetary compensation. A summons will also be filed and personally served on the defendant as a notice that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this process both sides will go through the discovery phase where each side will investigate the defenses and claims of the other. It can be a long process and may involve lots of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. Troy injury attorney can also demand an equitable settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is important to have a knowledgeable lawyer to protect your rights and maximize your payout. A good lawyer can go through all the evidence available to ensure that your losses are compensated. They can also help you eliminate unnecessary expenses and keep track of the money you're entitled to. If more than one person is liable for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable attorney can help with workers' compensation cases. Some personal injury cases may require experts from fields such as medicine, economics, and engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Depending on the situation, some cases could go to trial, while others will settle outside of the court.