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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 keep track of your losses meticulously. Keep the track of the medical expenses and out of pocket costs. Economic damages are the cost of your current and future medical expenses as well as lost wages. It also covers your suffering and pain and the loss of companionship. Statute of limitations If you've been injured by a negligent negligence or action It is crucial that you act quickly and file a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by state and type of claim, and are usually subject to special or limited exceptions. For instance, in New York, if you want to file a lawsuit relating to injuries caused by an automobile accident the statute of limitation for these types of cases is three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help you determine the statute of limitations applicable to your case and ensure that it is filed in a timely manner. A lawyer with experience will examine your case to determine if there are any extensions or waivers that may be possible. It is important to be aware that even the time your statute of limitations has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is best to consult 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 starts to run from the date of the underlying incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the limitation period does not begin until you are aware that you could have realized that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can help you if you were injured as a result of an unintentional act of another. Contact us today to schedule your free consultation. Damages The goal of a personal injury claim is to obtain 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 designed to pay for the losses you have suffered like medical bills as well as lost wages and pain and discomfort. Funeral expenses and emotional stress could be included in the special damages. If your loved one died because of reckless behavior by a third party, you could be able to recover damages for wrongful death. To hold the person responsible accountable for your injury the court must establish four elements that include breach, duty, damages and causation. To establish the duty of a defendant to act responsibly, they must be legally bound to act in a responsible manner in the given circumstance. A failure to fulfill this obligation is known as negligence. A breach of this duty is a direct cause for the injury you suffered. To be able to claim damages the injury must have caused severe harm or significant damage. A car accident resulting in a severed hand would cause significant medical expenses and, most likely, the loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim might include funeral and burial costs of your loved one as well as emotional trauma that your family or you suffered. Damages that are not financial are more difficult to determine. Your attorney will use a variety of methods to determine the value of your pain and suffering. Keeping a journal of your daily pain levels and how the injuries affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Insurance companies typically undervalue these damages in order to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the responsible party. These damages are only available when the judge or jury believes that the defendant's conduct was particularly obscene. This kind of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant acted with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation that you receive. If your claim is contested by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. They can avoid the time and expense of a court trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former covers costs such as medical expenses as well as lost wages and property damage. The latter include aspects like suffering and loss of enjoyment of life. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer can help you determine the worth of your injuries. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will examine the evidence you have collected and determine how much they will consider your claim. You might be required to submit an order letter, along with your evidence and an offer for a reasonable amount of compensation. The insurance company will likely offer you a counter-offer which is often less than the amount you requested. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have a valid claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket due to your accident. In some cases the settlement may also include a portion of the future treatment that your doctor estimates 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 usually given to children or spouses who suffered as a result of the death of a loved ones due to an accident caused by negligence of someone else's. You could also be awarded punitive damages if the defendant is found to be negligent in particular. This type of compensation is intended to punish the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit Once a person has contacted a personal injury lawyer, they should begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of damage to your property or lost income in your claim. If the parties cannot reach an agreement the attorney for the plaintiff may bring an action against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being sued. The defendant is given a certain time frame in which to respond. During this time, both sides will complete the discovery phase in which each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely require a significant amount of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and obtaining evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company could accept, reject or counteroffer the offer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your recovery. The right attorney can comb through all of the available evidence to verify that you are paid for every loss. Missoula injury lawsuit can also help you eliminate unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for everyone to be compensated for their share of the responsibility in cases where more than one party is responsible for an accident. A knowledgeable attorney can help with workers' compensation cases. Certain personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the circumstances, some cases might go to trial, while others settle out of the court.