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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. To receive full damages, it is essential to document your losses carefully. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses and lost wages. Also, it covers the pain and suffering you endured as well as the loss of companionship. Statute of limitations If you have been injured by a negligent action or negligence, it is important that you act quickly and file a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time restrictions 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 usually subject to limited or special exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries sustained in a car accident the statute of limitations are three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can help you determine the statute of limitations applicable to your case and ensure it is filed on time. A lawyer with experience will examine your case to determine if there are any extensions or waivers that may be available. It is important to note that even if the statute of limitations has run out, you may still be able to file other claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. However, it is advised to speak an attorney about your case as soon as you can and so that they can advise you of all options. In the majority of instances, the statute of limitations starts to run from the date of the incident that caused your injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation is not established until you are aware, or reasonably could have realized that your injury was result of a negligent act. This is called the discovery rule. There are a few rare instances in which the statute of limitations is “tolled” or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can assist you if you were injured as a result of another person's wrongful behavior. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the party accountable for your injuries. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to provide you with compensation for your losses such as medical expenses or lost wages, as well as pain and discomfort. Special damages can include funeral costs and emotional distress. If your loved one has died due to reckless conduct by another, you may be able to recover wrongful death damage. A court must establish four elements to determine the party responsible for your injury 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 act in a responsible manner in the given circumstance. Negligence is the failure to meet this obligation. A breach of this duty is a direct cause for the injury you suffered. To qualify for damages the injury must have caused serious damage or injury. For example an accident in a car that caused a broken arm could result in substantial medical costs and likely the loss of wages. The defendant's careless or reckless actions directly contributed to the injury. A claim for wrongful death could be a result of the funeral and burial costs for your loved one and emotional pain that you or your family experienced. Non-financial damages can be more difficult to calculate. Your lawyer will employ various methods to determine the value of your suffering and pain. Keep a record of your daily pain levels and how the injuries have affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the negligent party. These damages are only available if jurors or judges believe that the conduct of the defendant was especially outrageous. These types of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your claim is contested in court, a jury will decide how much you are awarded for your injuries and losses. In many cases however the parties will agree to settle out of court. They are able to avoid the time and expense of an in-court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to conclude. The settlement for personal injuries includes damages that are both economic and non-economic. The former include costs like medical expenses, lost wages, and property damage. The latter include things like suffering, pain, and the loss of enjoyment your life. Calculating a dollar value for these damages is often challenging however an attorney can help you determine what your injuries are worth. Insurance companies usually offer an agreement to settle your claim before it goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may be required to send an official demand letter that is accompanied by evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney can then negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have an undisputed legal claim, the settlement will typically cover your medical bills and other expenses out of pocket related to the accident. In some cases your settlement could include a portion of the future treatments that your doctor believes you'll require 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 given to children or spouses who suffered as a result of the death of their loved ones due to an accident caused by the negligence of another. Punitive damages can be awarded when the defendant is found to have been particularly negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injury one should begin collecting documentation of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of damage to your property or lost income in your claim. If the parties are unable to reach a settlement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will detail the claimant's version of events, describe how the defendant's actions harmed them, and seek relief in the form of financial 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 then given the time to respond. In this stage each party will complete the discovery process, where they look into the claims and defenses of the other. This can take a significant amount of time and likely require a significant amount of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They are also able to assist in calculating damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company may accept the offer, decline it or make a counteroffer. It is essential to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. A competent lawyer can go through all of the evidence available to ensure that you are being paid for every loss. They can also assist you to reduce unnecessary costs and track the money you're entitled to. New York law allows for everyone to be compensated for their share of the responsibility in cases where more than one party is responsible for an accident. A knowledgeable attorney can assist in workers' compensation cases. New Rochelle injury lawyer might require the use experts in fields such as economics, medicine, or engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Based on the situation, some cases may go to trial, while others will settle outside of court.