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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's important to document your losses carefully. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages are a result of the future and past medical expenses as well as lost wages. Also covered are pain and suffering and loss of companionship. Statute of limitations If you've been injured because of a negligent negligence or action it is imperative to act swiftly and file a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations are different for each state and claim type and they are often subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash the statute of limitations are three years. For civil actions that involve negligence, such as medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can assist you in determining the statute of limitations that applies to your particular case and ensure that the case is filed on time. A lawyer with experience can examine your case to determine if there are any extensions or waivers that could be possible. It is important to know that even the time your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to consult an attorney about your situation as soon as you can, so that he or she can advise you of all options. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident that caused your injury. However, in certain situations like exposure to harmful substances or medical malpractice, the statute of limitations does not begin to run until you realize or ought to have realized that your injury was the result of a negligent act. This is known as the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent personal injury lawyer. If you've been injured because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are intended to pay for the losses you have suffered, such as medical bills or lost wages, as well as discomfort and pain. Funeral expenses and emotional stress may be included in special damages. If a loved one passed away because of another's reckless behavior, you can also recover wrongful death damages. A court must establish four factors to determine who is responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish a duty, the defendant must have an obligation under law to be responsible in a specific situation. A failure to fulfill this obligation is called negligence. A breach of this obligation is a direct cause of the injury you suffered. To qualify for damages, the injury must have caused serious harm or caused significant damage. For instance a car crash that resulted in a severed arm would result in significant medical costs and likely the loss of wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one and emotional pain you or your family members have suffered. Non-financial damages can be more difficult to determine. Your attorney will employ different methods to determine the worth of your pain. Keep a diary to document your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This can help you support your claim. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare instances, your attorney can pursue punitive damages. These are designed to punish the responsible party. These damages are only awarded when a jury or judge finds the defendant's behavior to be particularly obscene. These types of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim goes to trial, a jury will decide how much they will pay you for your injuries and losses. In many cases however, the parties will agree to settle out of court. This allows them to avoid the time and cost of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be completed. The settlement for personal injuries will include damages that are both economic and non-economic. The former covers costs like medical expenses as well as lost wages and property damage. The latter includes aspects such as pain, suffering and loss of enjoyment your life. It can be difficult to determine a dollar amount on these damages, however an experienced attorney can assist you in determining the worth of your injuries. Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will examine the evidence that you have amassed and determine how they value your claim. You may have to submit an official demand letter that is accompanied by your evidence and a request for the appropriate compensation amount. You'll likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate a fair settlement with the insurance company. If you have an undisputed legal claim, your settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In certain instances the settlement may also include compensation for future treatments that your doctor believes you'll require due to 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 kind of compensation is typically given to children or spouses who suffered as a result of the death of a loved ones due to an accident caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing a Lawsuit Once someone has contacted an attorney for personal injury the next step is to gather documentation of their losses. Documents like medical records, police reports, and insurance policies could be included. Documentation of lost income or property damage must be included in a claim. If the parties cannot reach an agreement, the plaintiff's attorney may start a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant hurt them and ask for relief in the form of financial compensation. A summons is also filed and personally handed over to the defendant. Bloomington injury lawsuits is a notice that they are being sued. The defendant has a limited amount of time in which to respond. During this phase each party will complete the discovery process, where they investigate the claims and defenses of the other side. This can take a significant amount of time, and will likely involve a lot of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company can accept the offer, reject it, or offer a counteroffer. It is important to have a knowledgeable lawyer to protect your rights and maximize your compensation. An experienced attorney will be able to go through all the evidence available to confirm that your losses are compensated. They can also weed out 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 share of the responsibility in cases where more than one party is accountable for an accident. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases might require the assistance of experts in fields like economics, medicine, or engineering. Your lawyer will assist you in selecting a specialist who can provide testimony to back your case. Based on the circumstances, some cases might be tried in court, while others settle out of court.