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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages cover your past and future medical expenses and lost wages. It also covers the pain and suffering and loss of companionship. Statute of limitations If you've been injured by a negligent action or negligence, it is important to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These time limits can vary depending on the state of origin and claim type and are usually subject to limited or special exemptions. For instance in New York, if you are seeking to file a lawsuit over injuries caused by an automobile accident the statute of limitations for these types of cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help determine the statute of limitations that applies to your particular case and ensure 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 are in effect. It is important to keep in mind that even the time limit has passed however, you may be able to file additional claims for compensation related to your injuries, like workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so that they can inform you of all the options that are available. In most cases, the statute of limitations begins to run from the date of the underlying incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the limitation period does not begin until you realize that you could have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are also a few rare circumstances when the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can assist you if have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages The goal of a personal injury claim is to get financial compensation from the party responsible for your injuries. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are designed to compensate you for the costs resulting from your injury, such as medical expenses, lost income and suffering and pain. Special damages could include funeral costs and emotional stress. If your loved one passed away because of reckless behavior by another person, you could be able to 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 defendant's duty to act responsibly, they must be legally bound to behave responsibly in the specific circumstance. Failure to meet this obligation is known as negligence. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused substantial damage or caused serious harm in order to be eligible for damages. For instance an accident in a car that resulted in a severed arm would result in significant medical expenses, and most likely a loss of wages. The defendant's reckless or careless actions directly led to the injury. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional stress you or your family members have suffered. Non-financial damage is more difficult to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a diary to document your daily pain level and how your injuries affect you mentally physical, emotionally, and physically. This will help prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In rare instances, your attorney can seek punitive damages, which are meant to penalize the party who was negligent. These damages are only awarded if a jury or judge finds the defendant's actions to be outrageous. These types of compensations are usually awarded in instances of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant acted with malice, willful, fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your case is heard in court, a jury will decide the amount you will be awarded for your losses and injuries. In many cases parties, however to settle out of court. They can avoid the time and expense of an in-court trial. This means that victims can get their compensation sooner than the time they would have to wait for the trial to conclude. The settlement for personal injuries includes the economic as well as other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects like pain and suffering and the loss of enjoyment. Calculating a dollar value for these damages is usually difficult however, an attorney can help determine what your injuries are worth. Insurance companies will usually offer settlements to settle your claim before it goes to trial. They will examine the evidence you've gathered and determine how much they consider your claim. You might be required to submit a letter of demand, along with your evidence and a request for a suitable compensation amount. The insurer is likely to send you a counter-offer, which is usually lower than the amount you request. Miami can then negotiate an equitable settlement with the insurer. If you have a valid legal claim, the settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases, your settlement may also include compensation for any future treatment that 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 kind of compensation is usually given to children and spouses who suffer due to the loss of a loved one in an accident caused by another's negligence. You may also receive punitive damages if the defendant was found to be especially negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in similar reckless behavior. Filing an action After a person has spoken with a personal injury lawyer the next step is collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage should be included in a claim. If the parties are unable to reach an agreement the attorney for the plaintiff may file an action against the defendant. The complaint will detail the claimant's account of the events, explain how the defendant's actions harmed them, and seek relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. This is a notice that they are being sued. The defendant is then given a certain amount of time to respond. During this stage the parties will go through the discovery process in which they investigate the claims and defenses of the other. This can be a lengthy process and may involve a great deal of documentation. A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They can also help calculate damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company can accept the offer, reject it, or offer a counteroffer. It is vital to have an attorney who knows the law to safeguard your rights and maximize your recovery. An experienced lawyer will comb through all available evidence to verify that you are compensated for each loss. They can also eliminate unnecessary expenses and help to keep track of the money you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. A knowledgeable lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Based on the circumstances, certain cases could go to trial while others will settle out of the court.