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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are a result of your past and future medical expenses 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 act or negligence it is imperative that you 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. They stop claims from being filed after the deadline. The time limitations vary by state and type of claim, and are typically subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statutes of limitation are three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure it is filed in a timely manner. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to know that even the time 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. It is best to consult an attorney as soon as you can about your situation, so they can provide you with the various options available. In the majority of cases, your statute of limitations begins to run from the date of the underlying incident which caused your injury. In some instances, like exposure to toxic materials or medical malpractice, the limitation period is not set until you are aware or could have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be assessed by a competent personal injury lawyer. If you've suffered injury because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us for an appointment for a free consultation. Damages The purpose of a personal injury claim is to get financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two types of damages which are: general and specific. General damages are meant to provide you with compensation for your losses like medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If a loved one passed away due to the reckless conduct of another, you can also recover wrongful death damages. A court must establish four elements to determine who is responsible for your injury that result from a breach of duty, causation and damages. To establish a duty, the defendant must have the legal obligation to be responsible in a specific circumstance. Failure to meet this obligation is referred to as negligence. A breach of this duty is a direct cause of the injury you suffered. To qualify for damages, the injury must have caused significant harm or caused significant damage. A car crash that results in an injury to the hand could result in significant medical expenses and, most likely, a loss of income. The defendant's careless or reckless actions directly caused the injury. A claim for wrongful death could include funeral and burial expenses for your loved one and emotional distress that you or your family suffered. Non-financial damages are more difficult to calculate. Your attorney will use a variety of methods to calculate the value of your suffering and pain. Keeping a journal of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Insurance companies often undervalue these damages to avoid paying higher settlements. In some cases the attorney may pursue punitive damages, which are designed to punish the negligent party. These damages can only be awarded when the judge or jury finds the defendant's behavior to be outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To get these additional damages, you must prove to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case is resolved. If your case goes to trial the jury will determine how much to award you for your losses and injuries. In many cases the parties will agree to settle the matter outside of court. They can avoid the time and cost of a court trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be concluded. The settlement for a personal injury includes damages that are both economic and non-economic. The former include costs such as medical expenses loss of wages, property damage. The latter covers aspects such as pain, suffering and the loss of enjoyment your life. It can be difficult to determine a dollar amount on these damages, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will examine the evidence that you have collected and determine how much they will consider your claim. You may have to submit an official demand letter that is accompanied by your evidence and a request for the appropriate compensation amount. The insurance company will likely make a counter-offer that is typically lower than the amount you request. Henderson injury lawsuits can then negotiate an equitable settlement with the insurer. If you have an appropriate claim the settlement will cover your medical expenses and other expenses out of pocket due to your accident. In some cases, your settlement will also include a portion of the future treatments that your doctor believes you will need 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 kind of compensation is typically granted to children or spouses who have suffered due to the loss of a loved one as a result an accident caused by the negligence of another. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless actions. Filing a Lawsuit Once someone has contacted an attorney for personal injury and has been advised to gather documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Documentation of lost income or property damage must be included in an insurance claim. If the parties cannot agree on a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons is also filed and personally handed over to the defendant. It is a notification that they are being accused of a crime. The defendant is then given a certain amount of time to reply. In this process both sides will go through the discovery phase where each side investigates the other's claims and defenses. This can take a significant amount of time and will likely involve a lot of documentation. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also request an equitable settlement from the insurance company. The insurance company could accept the offer, reject it or make a counteroffer. It is important to have an experienced lawyer to ensure your rights are protected and maximize your payout. An experienced lawyer will comb through all of the available evidence to confirm that you are being compensated for every loss. They can also weed out unnecessary expenses and help you to keep track of all the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. An experienced attorney can assist in workers compensation cases. Certain personal injury cases could require experts from fields such as economics, medicine, and engineering. Your lawyer will help you choose the right expert to testify in support of your case. Based on the circumstances, some cases may be tried in court, while others will settle outside of the court.