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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. To be able to claim full damages, it is essential to keep track of your losses meticulously. Keep an eye on all medical expenses and out-of pocket costs. Economic damages are the cost of your current and future medical expenses and lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful act, you should file a lawsuit as soon as you can. Statutes of limitation are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim and are typically subject to special or limited exceptions. For instance in New York, if you are seeking to file a lawsuit over injuries caused by an automobile accident the statute of limitation for these kinds of cases is three years. For other civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. A lawyer with experience can examine your case to determine if there are extensions or waivers that might be possible. It is important to keep in mind that even if the statute of limitations has run out however, you may be able to file additional claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. However, it is best to speak with an attorney regarding your case as soon as possible, so that he or she can advise you of the options available to you. In most instances, your statute of limitations begins to expire on the date of the incident that caused you injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit does not begin until you recognize that you could have realized that your injury is caused by a negligent action. This is known as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require an experienced personal injury lawyer to look into. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. Damages is the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Special damages can include funeral expenses and emotional stress. If your loved one died because of reckless behavior by another person, you could be able recover wrongful death damage. A court must establish four elements in order to find the responsible party liable for the harm you suffered that result from a breach of duty, causation, and damages. To establish a duty, the defendant must have the legal obligation to behave responsibly in a particular situation. Negligence is the inability to fulfill this obligation. A breach of this duty is a direct cause for the injury you sustained. To be eligible for damages, the injury must have caused significant harm or caused significant damage. For example an accident in a car which resulted in a fractured arm would result in significant medical expenses and possibly an interruption in wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one, and emotional pain you or your family endured. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the value of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your mental, physical 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 party who was negligent. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly obscene. This kind of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, you must show to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your case is heard by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In many cases the parties will reach an agreement to settle out of court. They are able to avoid the lengthy and cost of an in-court trial. Additionally, it allows victims to collect their compensation earlier than they would have if they waited for the trial to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former includes expenses like medical costs loss of wages, property damage. The latter include things like suffering and pain, as well as the loss of enjoyment of life. It can be difficult to quantify the value on these damages, but an experienced attorney 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 review the evidence you have collected and determine how much they will consider your claim. You may have to file an official demand letter that includes your evidence and an offer for a suitable compensation amount. The insurer will likely send you a counter-offer, which is usually less than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurer. If you have an appropriate claim the settlement will cover your medical expenses as well as other expenses out of pocket related to the accident. In some instances, your settlement may also include compensation for any future treatment your doctor believes 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 kind of compensation is usually granted to spouses and children who are suffering due to the loss of a loved one due to an accident caused by another's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This type of compensation is designed to penalize the defendant and prevent others from engaging in similar reckless actions. Filing a Lawsuit Once someone has contacted an attorney for personal injuries, they should begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Documentation of lost income or property damage should also be included in the claim. If the parties are unable to reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for monetary compensation. A summons will also be issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant is then given a certain amount of time to respond. In this process both sides will go through the discovery phase, where each side investigates the other's claims and defenses. This can be a lengthy process and may involve lots of documents. A lawyer can assist in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They can also make a demand to the insurance company for a fair settlement. The insurance company could accept, decline or counter-offer the offer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your compensation. A competent lawyer can go through all available evidence to confirm that you are being compensated for every loss. They can also help you cut out unnecessary expenses and track the amount you're entitled to. If Charlotte injury attorneys You Tube than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Your lawyer will assist you in selecting an expert who will be able to provide evidence to support your case. Based on the facts of a case, it may be decided outside of court or in a trial.