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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. It also covers suffering and pain and loss of companionship. Statute of limitations If you've suffered an injury by a negligent act or negligence It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations can differ depending on the state and the type of claim and are typically subject to specific or limited exemptions. In New York, for example when you want to bring a lawsuit against injuries sustained in a car accident, the statutes of limitations are three years. For civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can assist you determine the statute of limitations that applies to your particular case and ensure that it is filed on time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations that apply. It is important to be aware that even when your statute of limitation is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to consult with an attorney regarding your case as soon as possible and so that he or she can inform you of the options available to you. In the majority of cases, your statute of limitations starts to begin running from the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice the time limit is not established until you recognize that you should have known, that your injury is caused by a negligent action. This is known as the discovery rule. There are also some instances where the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be assessed by a competent personal injury lawyer. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us to schedule an appointment for a no-cost consultation. Damages The goal of a personal injury claim is to get financial compensation from the party responsible for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are meant to provide you with compensation for your losses like medical bills or lost wages, as well as pain and discomfort. Special damages can include funeral costs as well as emotional distress. If a loved one passed away because of another's reckless behavior, you can also recover damages for the wrongful death. A court must establish four elements to determine who is responsible for the harm you suffered such as breach of duty, causation and damages. To establish a defendant's duty to be legally bound to act in a responsible manner in the specific circumstance. In the event of a breach of this obligation is called negligence. The injury you suffered is directly caused by a violation of this duty. To qualify for damages, the injury must have caused severe harm or significant damage. For instance, a car accident that caused a broken arm would result in significant medical costs and likely a loss of wages. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one and emotional pain you or your family members have experienced. Non-financial damages are more difficult to calculate. Your lawyer will employ various methods to calculate the worth of your suffering and pain. Keeping a journal of your daily pain levels and how your injuries have affected your mental, physical and emotional health can aid in your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages can only be granted when the judge or jury finds the defendant's actions to be particularly obscene. This kind of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted with malice, willful or fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you receive. If your claim goes to trial the jury will determine how much they will pay you for your injuries and losses. In a lot of cases, however, parties agree to settle out of the courtroom. They can avoid the time and cost of a court trial. This allows victims to get their compensation sooner than if they had to wait for the trial to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former include costs like medical expenses, lost wage and property damage. The latter includes aspects like suffering, pain, and loss of enjoyment your life. Calculating a dollar value for these damages can be difficult, but an attorney can help determine what your injuries are worth. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will review the evidence you have gathered and determine how much they will consider your claim. You may be required to submit a letter of demand, along with your evidence and an appropriate amount of compensation. You'll likely receive a counter-offer from the insurer, which is usually lower than what you requested. Your attorney will then negotiate a fair settlement with the insurer. If you have a valid legal claim, the settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In Charlotte injury lawyer may also include compensation for future treatment that your doctor predicts you'll require 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 usually granted to spouses and children who suffer due to the loss of a loved one in an accident caused by someone else's negligence. Punitive damages are possible if the defendant is found to have been negligent. This type of compensation is intended to punish the defendant and prevent others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with an attorney for personal injuries, a person should begin accumulating evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties fail to come to an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant hurt them, and request relief in the form of monetary compensation. A summons is also filed and personally served to the defendant, which is a notification that they are being accused of a crime. The defendant then has the time to respond. During this phase each party will complete the discovery process, where they examine the claims and defenses of the other party. It can be a long process and could require lots of documents. A lawyer can help prepare for trial by arranging expert witnesses and obtaining evidence. They can also assist in calculating damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company could accept the offer, reject it or make a counteroffer. It is vital to have an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney will be able to go through all the evidence to verify that your losses are compensated. They can also assist you to eliminate unnecessary expenses and track the money you're entitled to. If more than one person is liable for the accident, New York law allows each one to be compensated the amount they owe. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases could require the assistance of experts in areas like economics, medicine, and engineering. Your lawyer can assist you in locating an expert who can provide testimony to support your case. Depending on the circumstances, certain cases may go to trial, while others settle out of court.