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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep the track of all medical expenses as well as out-of the pocket expenses. Economic damages cover the costs of your past and future medical expenses as well as lost wages. It also covers pain and suffering and loss of companionship. Statute of limitations If you've been injured because of a negligent act or negligence it is imperative to act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal restrictions that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations are different for each state and type of claim, and they are often subject to specific or limited exceptions. For example, in New York, if you are seeking to file a lawsuit over injuries sustained in an automobile accident the statute of limitations for these kinds of cases is three years. For other civil actions involving negligence such as medical negligence and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your case and ensure that it is filed in time. An experienced lawyer can examine your case to determine if there are any extensions or waivers that could be available. It is important to note that even when the time limit has passed but you might still be able to file other claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. However, it is best to speak an attorney about your case as soon as you can, so that he or she can inform you of the options available to you. In most cases, the statute of limitations starts to run on the date of the incident which 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 is caused by a negligent act. This is referred to as the discovery rule. There are also a few instances where the statute of limitations has been “tolled” or suspended, however these circumstances are extremely specific and should be examined by a knowledgeable personal injury lawyer. If you've suffered injury by someone else's reckless 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 get 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 designed to compensate you for expenses resulting from your injury, including medical bills, lost income, and pain and suffering. Special damages could include funeral costs as well as emotional distress. If your loved one died due to reckless conduct by another, you may be able to recover the cost of wrongful death. To hold the person responsible accountable for your injuries, a court must determine four elements that include breach, duty, damages and causation. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the particular situation. Failure to meet this obligation is called negligence. A breach of this duty is a direct cause for the injury you suffered. The injury must have caused substantial damage or serious harm to be able to claim damages. For instance a car crash that caused a broken arm would have substantial medical expenses, and most likely the loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. A wrongful death claim could be a result of the funeral and burial costs for your loved one and emotional trauma that your family or you suffered. The non-financial damages are more difficult to quantify. Your attorney will use different methods to determine the amount of your pain. Keep a journal to record your daily pain level as well as how your injuries have affected you mentally physical, emotionally, and physically. This will help support your claim. Insurance companies often undervalue these damages in order to avoid paying higher settlements. In rare cases your lawyer can seek punitive damages, which are designed to penalize the party who was negligent. These damages can only be granted when a jury or judge finds the defendant's actions to be particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To get these additional damages, you must show to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case goes to trial, a jury will decide what to award you for your injuries and losses. In many cases however, the parties will agree to settle out of court. This means they can avoid the time and expense of a trial. This also allows victims to recover their compensation earlier than should they wait for the trial to be completed. 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 aspects like suffering and pain, as well as the loss of enjoyment. The process of determining a value for these damages can be difficult, but an attorney can help determine what your injuries are worth. Typically an insurance company will usually offer a settlement before your case goes to trial. They will review the evidence you've collected and determine how much they will consider your claim. You may be required to submit an order letter, together with evidence and a request for a suitable amount of compensation. Most likely, you will receive a counter-offer by the insurance company, which is usually lower than what you requested. Your attorney will then negotiate an equitable settlement with the insurer. If you have a valid legal claim, the settlement will generally pay for medical bills and other expenses out of pocket related to the accident. In some cases your settlement could include a portion of any future treatment that your doctor predicts you will require as a result of the. 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 usually given to children or spouses who have suffered because of the loss of a loved ones due to an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This type of compensation is intended to punish the defendant, and to discourage others from engaging in reckless conduct. Filing an action Once someone has contacted a personal injury lawyer, they should begin to gather documentation 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 income loss in your claim. If the parties are unable to reach a settlement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the defendant's actions and ask for the amount of compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is given a specific timeframe to respond. During this stage each party will complete the discovery process where they look into the defenses and claims of the other party. This could be a lengthy process and may involve a great deal of documentation. Salem injury lawsuit can help to prepare for trial by arranging for expert witnesses and obtaining evidence. They can also assist in calculating damages. They may also submit an offer to the insurance company for an equitable settlement. The insurance company may accept the offer, decline it, or counter-offer. It is vital to have an attorney who is familiar with the law in order to protect your rights and maximize the amount of compensation you receive. A good lawyer can go through all the evidence to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and help you to keep track of all the amount you are entitled to receive. New York law allows for every person to be compensated for their part of the responsibility in cases where more than one party is accountable for an accident. A skilled attorney can also help with workers claims for compensation. Certain personal injury cases could require experts from areas like economics, medicine, and engineering. Your lawyer will help you choose the right expert to testify in support of your case. Based on the specifics of a case, it could be decided outside of court or at trial.