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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages cover the cost of your past and future medical expenses, as well as lost wages. Also covered are the pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to negligence or a negligent act, you must file a lawsuit as soon as possible. Statutes of limitations are legal restrictions that shield parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations of time can differ depending on the state of origin and the type of claim and are typically subject to specific or limited exemptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statutes of limitation are three years. For civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to be aware that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to speak with an attorney about your case as soon as possible and so that they can advise you of all options. In the majority of cases, the statute of limitations starts to run from the date of the underlying incident which caused your injury. However, in certain circumstances such as exposure to harmful substances or medical negligence the statute of limitations does not start to run until you have realized or should have known that your injury was caused by the negligent act. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured due to an unintentional act of another. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are designed to compensate you for expenses resulting from your injury, such as medical bills, lost income, and pain and suffering. Special damages may include funeral costs as well as emotional distress. If a loved one passed away because of another's reckless behavior you may also be entitled to damages for the wrongful death. To hold the responsible party accountable for your injury, a court must determine four elements which are breach, duty, damages and causation. To establish the duty of a defendant to act responsibly, they must be legally bound to behave responsibly in the given circumstance. In the event of a breach of this obligation is known as negligence. The injury you suffered is directly resulting from a breach of this obligation. To qualify for damages, the injury must have caused severe harm or significant damage. A car accident that causes an injured hand could result in significant medical expenses and most likely a loss of income. The defendant's careless or reckless actions directly caused the injury. A wrongful death claim could be a result of the funeral and burial costs for your loved one, as well as the emotional pain that your family or you experienced. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a record of your daily pain levels and how the injuries affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In rare instances your lawyer can pursue punitive damages. These are meant to penalize the party who was negligent. The damages can only be awarded if the judge or jury finds the defendant's behavior to be particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or an avowed indifference towards 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 what to award you for your injuries and losses. In many cases parties, however to settle out of the courtroom. They are able to avoid the time and cost of an in-court trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects such as pain, suffering and loss of enjoyment of your life. It can be difficult to put a monetary amount on these losses, but an experienced attorney can help you determine the worth of your injuries. Insurance companies usually offer settlements to settle your claim before it goes to trial. They will examine the evidence that you have gathered and determine how much they will consider your claim. You might be required to submit an official letter of demand together with evidence and an appropriate amount of compensation. You'll likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your attorney will then negotiate an equitable settlement with the insurer. If you have a valid claim the settlement will cover the cost of your medical treatment and other expenses out of pocket related to the accident. In some instances the settlement may also include compensation for future treatments that your doctor believes you will need 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 awarded to spouses and children who are suffering due to the death of a loved one due to an accident caused by another's negligence. You could also be awarded punitive damages if you were found to be negligent in particular. This type of compensation is intended to penalize the defendant and discourage others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted a personal injury lawyer and has been advised to collect evidence of their losses. This may include documents like medical records as well as police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties cannot reach a settlement or agreement, the attorney representing the plaintiff can bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant and request for the amount of compensation. A summons is also filed and handed over to the defendant. It is a notification that they are being accused of a crime. The defendant will then have a certain amount of time to reply. In this process each side will complete the discovery phase, where each side will investigate the other's claims and defenses. This could be a lengthy process that may require a great deal of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and obtaining evidence. They can also help calculate damages. They may also request a fair settlement from the insurance company. The insurance company can accept, deny or counteroffer the offer. It is crucial to have an experienced lawyer who can protect your rights and maximize your payout. A competent lawyer can go through all the evidence available to ensure that you are being compensated for each loss. They can also help you eliminate unnecessary costs and track the money you're entitled to. If more than one person is at fault for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable attorney can assist in workers' compensation cases. Pontiac injury lawyers require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Depending on the circumstances of a case, it can be decided out-of-court or at trial.