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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages include your 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 been injured due to the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations of time can differ depending on the state and claim type and are usually subject to special or limited exemptions. In New York, for example, if you wish to file a lawsuit relating to injuries sustained in a car accident the statute of limitations are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can assist you determine the time limit that applies to your particular case and ensure it is filed in a timely manner. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to be aware 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 as well as Social Security disability benefits. However, it is best to speak with an attorney regarding your situation as soon as you can, so that he or she can inform you of all options. In the majority of instances, the statute of limitations begins to expire on the date of the incident that caused your injury. However, in certain situations, such as exposure to harmful substances or medical negligence the statute of limitations will not start 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 an experienced personal injury lawyer to evaluate. If you have been hurt because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today for your free consultation. Damages The goal of a personal injury claim is to obtain financial compensation from the person responsible for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are designed to provide you with compensation for your losses, such as medical bills or lost wages, as well as discomfort and pain. Special damages may include funeral costs and emotional distress. If a loved one died due to the reckless conduct of another you may also be able to recover damages for wrongful death. To hold the party responsible accountable for your injuries the court must establish four elements: duty, breach, causation and damages. To establish the duty of a defendant, they must be legally bound to act responsibly in the specific circumstance. Failure to meet this obligation is referred to as negligence. The injury you suffered is directly caused by a breach of this obligation. To be eligible for damages, the injury must have caused significant harm or significant damage. A car crash that results in an injury to the hand could result in substantial medical costs and, most likely, loss of income. The defendant's reckless or careless actions directly contributed to the injury. A claim for wrongful death could involve the funeral and burial costs for your loved one as well as emotional distress that your family or you felt. Non-financial damage is more difficult to quantify. 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 the injuries affected your mental, physical, and emotional well-being can aid in your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In some cases your lawyer can pursue punitive damages, which are designed to punish the negligent party. The damages can only be awarded when an arbitrator or jury determines the defendant's behavior to be outrageous. These types of compensations are typically awarded in the case of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your claim goes to trial the jury will determine how much to award you for your injuries and losses. In many cases the parties will reach an agreement to settle out of court. They are able to avoid the time and expense of the court trial. This also allows victims to collect their compensation earlier than should they wait for the trial to conclude. A personal injury settlement includes both economic and non-economic damages. The former includes costs like medical expenses loss of wages, property damage. The latter include aspects like suffering and pain, as well as the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these damages, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will review the evidence you've gathered and determine what they feel your claim is worth. You may need to submit an offer letter, which includes your evidence and a request for an appropriate compensation amount. The insurance company will likely make a counter-offer which is often lower than the amount you request. Your attorney will then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses as well as other expenses out of pocket related to your accident. In Flint injury lawyers , your settlement may also include compensation for any future treatment that your doctor predicts you'll require as a result of 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 usually granted to children or spouses who have suffered because of the loss of a loved one as a result an accident caused by negligence of someone else's. You could also be awarded punitive damages if you were found to be particularly negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing an action After making contact with an attorney for personal injuries one must begin collecting evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of loss of income or property damage should be included in a claim. If the parties cannot agree on a settlement, the plaintiff's attorney may file an action against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons will also be filed and personally served on the defendant, which is a notification that they are being sued. The defendant will then have the time to respond. In this process each side will complete the discovery phase where each side investigates the defenses and claims of the other. This can take a significant amount of time and will likely involve a lot of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and obtaining evidence. They will also be able to assist in the calculation of damages. They may also submit an offer to the insurance company for an appropriate 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 protect your rights and maximize your payout. An experienced attorney will be able to go through all the evidence to confirm that your losses are compensated. They can also weed out unnecessary expenses and assist you to keep track of all the funds you are entitled 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' compensation cases. Some personal injury cases require the use of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating a specialist who can testify to support your case. Depending on the circumstances, certain cases could go to trial while others settle out of the court.