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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep track of all medical expenses as well as out-of the pocket expenses. Economic damages include the cost of your current and future medical expenses as well as lost wages. Also, it covers pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to someone else's negligence or wrongful action, you should file a lawsuit as soon as you can. Statutes of limitations are legal time limitations that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These time limits can vary according to the state and claim type and are typically subject to limited or special exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries sustained in a car accident the statute of limitations are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can help determine the time limit applicable to your case and ensure it is filed in a timely manner. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that might be available. It is important to remember that even the time limit has passed however, you may be able to file other claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. However, it is advised to consult with an attorney regarding your situation as soon as you can to ensure that they can advise you of the options available to you. In the majority of instances, your statute of limitations starts to expire on the date of the incident that caused you injury. However, in some situations such as exposure to harmful substances or medical negligence, the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was caused by a negligent act. This is called the discovery rule. There are rare circumstances in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury attorney to analyze. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term for this is “damages.” There are two kinds of damages which are: general and specific. General damages are intended to compensate you for losses associated with your injury, such as medical expenses, lost income and suffering and pain. Special damages could include funeral costs and emotional distress. If your loved one has died due to the reckless conduct of another you may also be able to recover damages for wrongful death. A court must establish four elements in order to determine the party responsible for your injury that result from a breach of duty, causation, and damages. To establish a defendant's duty to act responsibly, they must be legally bound to behave responsibly in the particular situation. A failure to fulfill this obligation is known as negligence. The injury you sustained is directly caused by a violation of this duty. The injury must have caused serious damage or serious harm in order to be eligible for damages. A car accident that causes an injured hand could result in substantial medical costs, and most likely a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional distress you or your family members have experienced. Damages that are not financial are more difficult to quantify. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can help support your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In some cases the attorney may pursue punitive damages, which are intended 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 type of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. In order to receive these additional damages, you must demonstrate to your lawyer that the defendant acted with malice or wantonness, fraud or oppression or an avowed indifference towards the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is decided. If your claim is tried, a jury will determine how much you are awarded for your losses and injuries. In many cases however the parties will agree to settle the matter outside of court. This lets them avoid the time and expense of a trial. Additionally, it allows victims to recover their compensation earlier than have if they waited for the trial to complete. The settlement for a personal injury includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain and the loss of enjoyment your life. It isn't always easy to put a monetary amount on these losses, but an experienced attorney can help you 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've gathered and determine what they think your claim is worth. You may be required to file an official demand letter that is accompanied by evidence and a request for the appropriate compensation amount. The insurer will likely 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 Akron injury lawyers YouTube have a valid legal claim, your settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In certain instances the settlement may also include a portion of the future treatment that your doctor predicts you'll require because 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 given to children and spouses who suffer because of the loss of a loved one in an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant is found to be particularly negligent. This kind of payment is intended to punish the defendant and to discourage others from engaging in reckless behavior. Filing an action Once a person has contacted an attorney for personal injuries, they should begin collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties cannot agree on a settlement the attorney for the plaintiff may file an action against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant and request for an amount of money. A summons is also issued and personally served on the defendant and serves as a notice that they are being sued. The defendant then has a certain amount of time to reply. In this stage, both parties will complete the discovery process, where they look into the defenses and claims of the other side. This could be a lengthy process that may require lots of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit an offer to the insurance company for an equitable settlement. The insurance company can accept, deny or counteroffer the offer. It is vital to have an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. The right attorney will be able to look through all the evidence to confirm that your losses are compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of all the funds you are entitled receive. New York law allows for every person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A skilled attorney can also assist with workers' compensation cases. Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will help you select an expert who can provide testimony to back your case. Depending on the specifics of a case, it can be resolved outside of court or in a trial.