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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. Keep track of all medical expenses and out-of pocket costs. Economic damages are the cost of your past and future medical expenses and lost wages. Also, it covers your suffering and pain and the loss of companionship. Statute of limitations If you've been injured because of a negligent negligence or action it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations are different for each state and type of claim, and are typically subject to specific or limited exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. For civil actions that involve negligence like 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 limitation that applies to your case and ensure that the case is filed on time. An experienced lawyer will analyze 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 related to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to consult with an attorney about your case as soon as possible and so that he or she can advise you of all your options. In the majority of instances, your statute of limitations starts to begin running from the date of the incident that caused you injury. However, in certain circumstances, such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you have realized or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also a few instances where the statute of limitations is “tolled” or suspended, but these situations are highly fact-specific and must be analyzed by a skilled personal injury lawyer. If you have been hurt due to someone else's wrongful behavior, the lawyers at Littman & Babiarz can help. Contact Lakewood injury lawsuits to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are meant to compensate you for the losses associated with your injury, which includes medical expenses, lost income and pain and suffering. Funeral expenses and emotional stress could be included in the special damages. If a loved one died due to a reckless act of another, you can also recover damages for wrongful death. To hold the responsible party accountable for your injury the court must establish four elements which are breach, duty, damages and causation. To establish a defendant's duty to be legally bound to behave responsibly in the particular circumstance. A failure to fulfill this obligation is known as negligence. The injury you suffered was directly caused by a violation of this obligation. To qualify for damages, the injury must have caused serious damage or injury. For example, a car accident that resulted in a severed arm would have substantial medical expenses, and most likely an interruption in wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family have suffered. Non-financial damages are harder to calculate. Your attorney will use different methods to determine the worth of your pain. Keep a journal of your daily pain level as well as how your injuries have affected you mentally as well as physically. This can help you support your claim. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some cases the attorney may seek punitive damages, which are designed to penalize the party who was negligent. The damages can only be granted when a jury or judge finds the defendant's behavior to be outrageous. This type of compensation is usually granted in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To obtain these additional damages the lawyer must prove that the defendant acted with malice, wantonness or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim goes to trial, a jury will decide what to award you for your losses and injuries. In a lot of cases, however, parties agree to settle out of the courtroom. This means they can avoid the time and cost of a trial. It also allows victims to receive their compensation sooner than they would should they wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. The former covers costs such as medical expenses, lost wage and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. It can be difficult to determine a dollar amount on these damages, however an experienced attorney can help you determine the value of your injuries. Typically an insurance company will typically offer a settlement before your case goes to trial. They will review the evidence you have collected and decide what they believe your claim is worth. You may be required to submit a letter of demand, along with your evidence and an appropriate amount of compensation. The insurer will likely make a counter-offer which is usually lower than your requested amount. Your attorney will then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have an appropriate claim the settlement will pay your medical expenses and other expenses out of pocket due to your accident. In some cases the settlement could also include compensation for any future treatment that your doctor believes 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 awarded to spouses or children who have suffered because of the death of their loved ones due to an accident caused by negligence of someone else's. You may also receive punitive damages if the defendant is found to be especially negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing an action After contacting an attorney for personal injuries one should begin accumulating 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 are unable come to an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the plaintiff's version of events, describe how the actions of the defendant hurt them, and request relief in the form of financial compensation. A summons will also be issued and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant is given a certain time frame in which to respond. During this process each side will complete the discovery phase where each party investigates the other's claims and defenses. This could take a considerable amount of time and will likely involve a lot of documentation. A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They can also help calculate damages. They may also be able to demand a fair settlement from the insurance company. The insurance company can accept, reject or counteroffer the offer. It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your compensation. A good lawyer will be able to look through all the evidence to ensure that your losses are being compensated. They can also assist you to cut out unnecessary costs and track the money you're entitled to. New York law allows for every person to be compensated for their share of the blame if more than one person is responsible for an accident. A knowledgeable attorney can assist in workers' compensation cases. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Depending on the specifics of a case, it can be decided outside of court or at trial.