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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. Keep the track of the medical expenses and out of the pocket expenses. Economic damages include the cost of your past and future medical expenses as well as lost wages. It also covers the pain and suffering you endured, as well as the loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful negligence or action It is crucial to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations vary by state and type of claim and are typically subject to specific or limited exceptions. For example, in New York, if you are seeking to file a lawsuit relating to injuries sustained in an automobile accident the statute of limitations for these kinds of cases is three years. For civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitation that applies to your case, and ensure that it is filed on time. St. George injury attorneys with experience will examine your case to determine if there are any extensions or waivers that might be available. It is important to know that even when your statute of limitation has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised to consult with an attorney about your case as soon as possible, so that they can inform you of the options available to you. In the majority of cases, your statute of limitations starts to expire on the date of the incident that caused your injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you have realized or should have known that your injury was caused by the negligent action. This is referred to as the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be assessed by a competent personal injury lawyer. If you've been injured by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us to schedule a free consultation. Damages The purpose of a personal injury claim is to get financial compensation from the person 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 compensate you for costs resulting from your injury, including medical bills, lost income, and pain and suffering. Funeral expenses and emotional stress could be included in the special damages. If your loved one has died due to the reckless conduct of another, you can also recover damages for the wrongful death. To hold the responsible party accountable for your injuries, a court must determine four elements: duty, breach, causation and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a specific circumstance. Failure to meet this obligation is referred to as negligence. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused substantial damage or serious injury to qualify for damages. A car accident that causes an injured hand could cause significant medical expenses and, most likely, a loss of income. The defendant's reckless or careless actions directly led to the injury. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional stress you or your family experienced. Non-financial damage is more difficult to calculate. Your lawyer will employ various methods to calculate the value of your pain and suffering. Maintaining a log of your daily pain levels and how your injuries have affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In some rare instances you may be able to obtain punitive damages to punish the party who was negligent. These damages are only available if jurors or judges believe that the defendant's conduct was particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To be eligible for these additional damages, your lawyer must prove that the defendant was acting with malice, willful or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your case is heard, a jury will determine the amount you will be awarded for your losses and injuries. In many cases however, the parties will agree to settle their dispute outside of court. This means they can avoid the time and cost of a trial. This allows victims to get their compensation sooner than those who had to wait for the trial to be concluded. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter covers aspects like suffering, pain, and the loss of enjoyment your life. Placing a monetary value on these damages is often challenging, but an attorney can help determine the value of your injuries. Typically an insurance company will offer a settlement prior to the case goes to trial. They will review the evidence you have collected and decide what they believe your claim is worth. You may be required to provide a letter of demand, along with the evidence you have provided and an offer for a reasonable compensation amount. The insurer is likely to make a counter-offer which is often less than the amount you requested. Your attorney can then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim the settlement will pay your medical expenses and other out-of-pocket expenses associated with your accident. In some cases, your settlement will also include a portion of the future treatment that your doctor predicts 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 type of compensation is typically given to children or spouses who suffered as a result of the loss of a loved ones due to an accident that was caused by negligence of someone else's. Punitive damages can be awarded when the defendant is found to have been negligent. This kind of payment is intended to punish the defendant and to discourage others from engaging in reckless behavior. Filing an action After contacting a personal injury attorney one must begin collecting evidence 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 come to an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the plaintiff'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 handed over to the defendant. It is a notification that they are being sued. The defendant has a limited time frame in which to respond. In this process both sides will go through the discovery phase in which each party investigates the other's claims and defenses. This could be a lengthy process and could require an extensive amount of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also demand an equitable settlement from the insurance company. The insurance company could accept the offer, decline it, or offer a counteroffer. It is crucial to hire an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. A competent lawyer can go through all the evidence available to ensure that you're being paid for every loss. They can also help you reduce unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for every person to be compensated for their share of the blame if more than one party is responsible for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation. Some personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the circumstances of a case, it could be resolved outside of court or at trial.