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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. To be able to claim full damages, it's important to record your losses in a meticulous manner. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages cover your future and past medical expenses and lost wages. It also covers the pain and suffering you endured as well as the loss of companionship. Statute of limitations If you've suffered an injury by a negligent act or negligence It is crucial that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal restrictions that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations of time can differ according to the state and claim type and are typically subject to specific or limited exemptions. For example in New York, if you want to file a lawsuit over injuries caused by an auto accident the statute of limitation for these kinds of cases is three years. The statute of limitations for civil actions involving 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 case and ensure that the case 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 are in effect. It is important to remember that even the statute of limitations has run out, you may still be able to make claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is recommended to consult with an attorney about your case as soon as possible, so that he or she can provide you with all options. In the majority of cases, the statute of limitations starts to run on the date of the underlying incident which caused your injury. However, in certain circumstances like exposure to harmful substances or medical malpractice the statute of limitations does not start to run until you realize or ought to have realized that your injury was the result of a negligent act. This is known as the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, however these circumstances are highly fact-specific and must be assessed by a competent personal injury lawyer. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two types of damages which are: general and specific. General damages are intended to provide you with compensation for your losses like medical bills or lost wages, as well as pain and discomfort. Funeral costs and emotional distress could be included in the special damages. If a loved one passed away because of another's reckless behavior you may also be entitled to damages for wrongful death. To hold the person responsible accountable for your injury, a court must establish four elements which are breach, duty, causation and damages. To establish a duty, the defendant must have an obligation under law to behave responsibly in a specific situation. Negligence is the failure to meet this duty. A breach of this duty is a direct cause for the injury you sustained. The injury must have caused serious damage or caused serious harm to qualify for damages. A car crash that results in an injury to the hand could cause significant medical expenses and, most likely, loss of income. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional distress you or your family members have endured. Non-financial damages can be more difficult to calculate. Your attorney will use different methods to determine the value of your suffering and pain. Maintaining a log of your daily pain levels and how your injuries have affected your mental, physical and emotional well-being could help support your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages can only be granted when an arbitrator or jury determines the defendant's conduct to be outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or an avowed disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be resolved. If your case goes to trial, a jury will decide how much they will award you for your injuries and losses. In many cases however, the parties will agree to settle out of court. They can avoid the time and cost of a court trial. It also allows victims to collect their compensation sooner than should they wait for the trial process to conclude. A personal injury settlement can include both economic and non-economic damages. The former includes costs like medical expenses as well as lost wages and property damage. The latter covers aspects like suffering, pain and the loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, however an experienced attorney can help you determine the value of your injuries. Typically, an insurance company will typically offer an agreement before your case goes to trial. They will look over the evidence that you have amassed and determine how they will consider your claim. You may be required to submit an official letter of demand along with the evidence you have provided and an appropriate compensation amount. You will most likely receive a counter-offer from the insurance company, which is usually lower than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurer. If you have an appropriate claim the settlement will pay your medical expenses and other out-of-pocket expenses associated with your accident. In some instances, your settlement may also include compensation for any future treatment your doctor estimates that you will require as a result. 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 typically granted to spouses and children who are suffering due to the death of a loved one during an accident caused by another person's negligence. Gulfport injury lawsuit youtube.com may also receive punitive damages if the defendant was found to be particularly negligent. This kind of compensation is intended to punish the defendant, and discourage others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include evidence of damage to property or income loss in your claim. If the parties are unable reach an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will provide the claimant's argument, outline 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 then has a certain amount of time to respond. During this time both sides will go through the discovery phase, where each party investigates the defenses and claims of the other. This can take a significant amount of time and likely require a significant amount of documents. A lawyer can help prepare for trial by arranging experts to testify and gathering evidence. They will also be able to assist in the calculation of damages. They can also demand an appropriate settlement from the insurance company. The insurance company can accept the offer, decline it or make a counteroffer. It is crucial to have an experienced lawyer to protect your rights and maximize your recovery. An experienced attorney will be able to go through all the evidence available to confirm that your losses are being compensated. They can also weed out unnecessary expenses and help you to keep track of the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the blame if more than one party is responsible for an accident. A knowledgeable attorney can assist in workers claims for compensation. Some personal injury cases might require experts from areas like medicine, economics, and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Based on the facts of the case, it may be resolved outside of court or in a trial.