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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages are a result of the future and past medical expenses and lost wages. Also, it covers the pain and suffering you endured and the loss of companionship. Statute of limitations If you've suffered an injury because of a negligent action or negligence It is crucial to act swiftly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal limitations that protect parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. The time limitations can differ depending on the state and claim type, and are often subjected to limited or special exemptions. For example, in New York, if you want to file a lawsuit relating to injuries sustained in an auto accident, the statute of limitations for these types of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help 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 analyze your case and suggest 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 has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to speak an attorney about your situation as soon as you can, so that he or she can advise you of the options available to you. In the majority of cases, the statute of limitations begins to run from the date of the incident that led to your injury. However, in certain situations, such as exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you realize or should have known that your injury was caused by the negligent action. This is referred to as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can assist you if were injured as a result of the negligence of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for the losses associated with your injury, such as medical bills, lost income, and suffering and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one has died because of another's reckless behavior, you can also recover damages for the wrongful death. To hold the person responsible accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish a defendant's duty, they must be legally bound to act in a responsible manner in the particular situation. Negligence is the failure to meet this obligation. The injury you sustained is directly caused by a breach of this duty. To be eligible for damages, the injury must have caused severe harm or caused significant damage. For example an accident in a car that resulted in a severed arm could result in substantial medical costs and likely the loss of wages. The defendant's reckless or careless actions directly contributed to the injury. A wrongful death claim might be a result of the funeral and burial costs of your loved one, as well as the emotional distress that your family or you experienced. Damages that are not financial are more difficult to quantify. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a record of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. These damages are only awarded if an arbitrator or jury determines the defendant's conduct to be particularly obscene. This kind of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To get New York injury lawyer , you need to prove to your lawyer that the defendant acted with malice or wantonness, fraud or oppression, or a conscious indifference towards the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is determined. If your claim is contested in court, a jury will decide the amount you're awarded for your losses and injuries. In a lot of cases parties, however to settle their claims outside of the courtroom. This lets them avoid the time and cost of a trial. Additionally, it allows victims to receive their compensation earlier than should they wait for the trial process to be completed. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical costs loss of wages, property damage. The latter includes aspects such as suffering and loss of enjoyment of life. It isn't always easy to determine a dollar amount on these damages, however 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 look over the evidence you've gathered and decide what they believe your claim is worth. You may be required to submit an order letter, together with evidence and an offer for a reasonable compensation amount. You will most likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an appropriate claim the settlement will pay the cost of your medical treatment and other out-of pocket expenses due to the accident. In some instances your settlement could include compensation for future treatment that your doctor estimates you will need because 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 granted to spouses and children who are suffering because of the loss of a loved one due to an accident caused by another's negligence. Punitive damages are possible if the defendant is found to have been negligent. This kind of compensation is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After making contact with an attorney for personal injury one should begin collecting documentation of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Documentation of loss of income or property damage should also be included in a claim. If the parties cannot agree on a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will provide the claimant's argument, outline the defendant's actions and ask for monetary compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being accused of a crime. The defendant is given a certain time frame in which to respond. In this phase the parties will go through the discovery process, where they investigate the claims and defenses of the other party. This can be a lengthy process and may involve a great deal of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company may accept the offer, reject it, or offer a counteroffer. It is crucial to hire an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all of the evidence available to ensure that you are being compensated for every loss. They can also help you eliminate unnecessary expenses and help 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 to be compensated for their part of the responsibility. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases could require experts from fields like economics, medicine, and engineering. Your lawyer will assist you choose the right expert to provide testimony and support your case. Based on the circumstances, certain cases could go to trial while others will settle outside of court.