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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. To receive full damages, it's important to document your losses carefully. Keep track of all medical expenses and out-of pocket costs. Economic damages are the cost of your past and future medical expenses as well as lost wages. It also covers suffering and pain as well as 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 start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. These time limits vary by state and type of claim and are typically subject to specific or limited exceptions. For example, in New York, if you want to file a lawsuit over injuries that result from an automobile accident the statute of limitations for these cases is three years. The time limit 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 determine the statute of limitation that applies to your case, and ensure that it is filed on time. Carson injury attorneys YouTube can analyze your case to determine if there are any extensions or waivers that might be available. You should be aware that even if your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to consult an attorney about your case as soon as possible to ensure that he or she can provide you with all options. In the majority of instances, the statute of limitations begins to run from the date of the incident that caused you injury. However, in certain situations, such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you realize or reasonably should have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These scenarios are factual and require a skilled personal injury attorney to analyze. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the party accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages which are: general and specific. General damages are designed to provide you with compensation for your losses, such as medical bills, lost wages, and pain and discomfort. Special damages can include funeral costs and emotional stress. If a loved one died because of another's reckless behavior, you can also recover wrongful death damages. To hold the person responsible accountable for your injuries, a court must establish four elements that include breach, duty, causation and damages. To establish the duty of a defendant to be legally bound to act in a responsible manner in the given circumstance. Negligence is the inability to fulfill this duty. The injury you sustained is directly caused by a breach of this obligation. To be eligible for damages the injury must have caused severe harm or caused significant damage. A car accident that causes an injury to the hand could result in substantial medical costs and, most likely, a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one and emotional pain you or your family members have endured. Non-financial damages can be more difficult to calculate. Your lawyer will employ a variety of methods to determine the value of your pain and suffering. Keep a record of your daily pain levels and how the injuries affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In rare instances the attorney may seek punitive damages, which are intended to penalize the party who was negligent. These damages are only awarded if a jury or judge finds the defendant's behavior to be outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant acted with malice, willful or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your case goes to trial, a jury will decide how much they will pay you for your injuries and losses. In many cases the parties will reach an agreement to settle out of court. This allows them to save the time and money of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses, lost wages and property damage. The latter include things such as suffering and loss of enjoyment. It isn't always easy to quantify the value on these losses, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will offer a settlement prior to the case goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may be required to provide an order letter, together with evidence and a request for a suitable compensation amount. The insurer is likely to send you a counter-offer, which is often lower than your requested amount. Your lawyer can negotiate an acceptable settlement with the insurer. If you have an undisputed legal claim, the settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In some instances the settlement may also include compensation for any future treatment that your doctor predicts 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 type of compensation is typically awarded to spouses and children who suffer because of the loss of a loved one during an accident caused by someone else's negligence. You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This kind of payment is designed to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing a Lawsuit After contacting an attorney for personal injuries one must begin collecting evidence of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include evidence of damage to property or lost income in your claim. If the parties fail to reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant, and request for an amount of money. A summons is also issued and personally served on the defendant, which is a notification that they are being sued. The defendant is then given an appropriate amount of time to respond. During this stage each party will complete the discovery process in which they examine the defenses and claims of the other party. It can be a long process and could require an extensive amount of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and collecting evidence. They can also help calculate damages. They may also request a fair settlement from the insurance company. The insurance company could accept the offer, decline it, or offer a counteroffer. It is vital to have an attorney who is familiar with the law to safeguard your rights and maximize recovery. An experienced lawyer will comb through all the available evidence to verify that you are being paid for every loss. They can also assist you to eliminate unnecessary expenses and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. An experienced attorney can assist in workers compensation cases. Certain personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer will help you choose the right expert to provide testimony and support your case. Depending on the situation, some cases could go to trial, while others will settle out of the court.