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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries receive fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages include the future and past medical costs and lost wages. Also covered are pain and suffering as well as loss of companionship. Statute of limitations If you've suffered an injury because of a negligent act or negligence, it is important to act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time restrictions that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. The time limitations vary by state and type of claim and are usually subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries sustained in a car accident, the statutes of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help determine the statute of limitations applicable to your case and ensure that the case is filed in time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. 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 that relate to your injuries, such as workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so they can provide you with the various options that are available. In most instances, the statute of limitations will begin running from the date of the incident that led to your injury. However, in certain situations like exposure to toxic substances or medical negligence, the statute of limitations will not start to run until you have realized or ought to have realized that your injury was caused by the negligent act. This is called the discovery rule. There are also some exceptional situations where the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. Our lawyers at Littman & Babarz can assist you if have been injured due to the negligence of another. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person responsible for your injuries. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for your losses, such as medical bills as well as lost wages and discomfort and pain. Special damages could include funeral costs as well as emotional distress. If your loved one has died because of another's reckless behavior you may also be able to recover wrongful death damages. To hold the responsible party accountable for your injuries the court must establish four elements which are breach, duty, damages and causation. To establish a defendant's duty to act responsibly, they must be legally bound to act responsibly in the particular circumstance. Negligence is the failure to perform this duty. A breach of this duty is a direct cause for the injury you sustained. The injury must have caused substantial damage or caused serious harm to qualify for damages. A car accident that causes a severed hand would result in substantial medical costs and most likely loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim might involve the funeral and burial costs of your loved one and emotional trauma that your family or you suffered. Non-financial damages can be more difficult to determine. Your lawyer will employ a variety of methods to determine the worth of your pain. Keep a journal of your pain levels throughout the day and how your injuries affect you mentally as well as physically. This can help you to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly obscene. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, and nursing home abuse. In order to receive these additional damages, you need to prove to your lawyer that the defendant acted with malice, willfulness, or oppression or a conscious indifference to the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case will be determined. If your claim goes to trial, a jury will decide how much they will award you for your losses and injuries. In many cases however, the parties will agree to settle out of court. They can avoid the time and expense of the court trial. This means that victims can receive their compensation earlier than the time they would have 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 include costs like medical expenses, lost wages, and property damage. The latter include things like pain, suffering and loss of enjoyment of your life. It can be difficult to put a monetary amount on these losses, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies usually offer a settlement to settle your case before it goes to trial. They will review the evidence you've collected and decide what they believe your claim is worth. You may be required to submit an official letter of demand along with the evidence you have provided and a request for a suitable compensation amount. You will most likely receive a counter-offer from the insurer, which is usually lower than what you requested. Montgomery injury attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses as well as other out-of pocket expenses due to the accident. In some cases the settlement could also include compensation for any future treatment that your doctor predicts you'll require due to the. 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 have suffered because of the death of a loved ones due to an accident that was caused by negligence of someone else's. You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This kind of compensation is designed to penalize the defendant and deter others from engaging in similar reckless behaviors. Filing an action After contacting an attorney for personal injuries, a person should begin accumulating evidence of their losses. Documents like medical records, police reports and insurance policies could be included. Include evidence of damage to property or income loss in your claim. If the parties fail to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will provide the claimant's account, explain the defendant's actions and ask for the amount of compensation. A summons is also filed and delivered to the defendant. This is a notice that they are being accused of a crime. The defendant is given a certain time frame in which to respond. In this phase each party will complete the discovery process, where they look into the defenses and claims of the other. This could be a lengthy process that may require lots of documents. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company may accept, reject or counter-offer the offer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. An experienced attorney will be able to go through all the evidence to verify that your losses are compensated. 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 part of the responsibility if more than one party is responsible for an accident. An experienced attorney can assist with workers compensation cases. Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose the right expert to provide testimony and support your case. Based on the circumstances of a case, it can be resolved outside of court or at trial.