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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. It is crucial to document your losses to receive the full amount of damages. Keep track of all medical expenses and out-of the pocket expenses. Economic damages cover the cost of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering you endured and the loss of companionship. Statute of limitations If you've suffered an injury due to another person's wrongful action or negligence it is imperative that you act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations are different for each state and claim type and are usually subject to special or limited exceptions. For example in New York, if you are seeking to file a lawsuit over injuries that result from an automobile accident the statute of limitation for these types of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can assist you in determining the statute of limitation applicable to your case and ensure that the case is filed on time. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that may 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. It is advisable to speak with an attorney as early as you can regarding your situation, so that they can advise you of the options that are available. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice, the limitation period is not established until you recognize that you could have realized that your injury is caused by a negligent act. 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 cases are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. The attorneys at Littman & Babiarz can help you if you have been injured due to another person's wrongful behavior. Contact us to schedule an appointment for a free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the person responsible for your injuries. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are designed to provide you with compensation for your losses, such as medical bills, lost wages, and discomfort and pain. Special damages can include funeral expenses and emotional distress. If your loved one died due to reckless conduct by another, you may be able recover damages for wrongful death. A court must establish four elements to determine who is responsible for your injuries such as 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 particular circumstance. Negligence is the failure to perform this duty. Pawtucket injury lawsuits suffered was directly caused by a breach of this duty. The injury must have caused significant damage or caused serious harm to be able to claim damages. A car crash that results in an injured hand could cause significant medical expenses and most likely the loss of income. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim could include funeral and burial expenses for your loved one, as well as emotional stress you or your family members have experienced. Non-financial damages can be more difficult to calculate. Your attorney will employ a variety of methods to determine the value of your suffering and pain. Keep a journal of your daily pain level and how your injuries have affected you mentally physical, emotionally, and physically. This can help you prove your case. Insurance companies typically undervalue these damages in order to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only available if the judge or jury believes that the conduct of the defendant was particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense with malice, wantonness, fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is resolved. If your claim is contested by a jury, the jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however, they agree to settle outside of court. They can avoid the time and cost of an in-court trial. It also allows victims to collect their compensation earlier than have if they waited for the trial to conclude. The settlement for personal injuries will include the economic as well as other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter covers aspects like suffering, pain, and loss of enjoyment your life. Placing a monetary value on these damages is usually difficult however, an attorney can help determine the value of your injuries. Insurance companies typically offer an agreement to settle your case before it goes to trial. They will look over the evidence you have gathered and determine how much they value your claim. You may be required to provide an official letter of demand along with the evidence you have provided and a request for a suitable amount of compensation. The insurer is likely to make a counter-offer which is usually lower than the amount you request. Your lawyer can negotiate an acceptable settlement with the insurer. If you have a valid claim, the settlement will cover the cost of your medical treatment and other out-of-pocket expenses associated with the accident. In certain cases the settlement could also include a portion of any future treatment your doctor estimates that you will require as a result. 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 granted to children or spouses who have suffered due to the death of a loved ones as a result of an accident that was 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 payment is designed to penalize the defendant and deter others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with an attorney for personal injury one should begin collecting documentation of their losses. This may include documents like medical records, police reports and insurance policies. Documentation of lost income or property damage should be included in the claim. If the parties are unable reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will provide the claimant's argument, outline the actions of the defendant, and request for an amount of money. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being sued. The defendant will then have the time to reply. During this phase each party will complete the discovery process in which they investigate the defenses and claims of the other party. This could take a considerable amount of time and likely require a lot of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company can accept or decline the offer it, or counter-offer. It is important to have an experienced lawyer to protect your rights and maximize your recovery. The right attorney can comb through all the evidence available to ensure that you are being compensated for every loss. They can also eliminate unnecessary expenses and help you to keep track of all the amount you are entitled to receive. New York law allows for everyone to be compensated for their share of the responsibility if more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Certain personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer can assist you in locating experts who can provide testimony to back your case. Depending on the situation, some cases might be tried in court, while others will settle out of the court.