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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages are a result of your past and future medical expenses and lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've suffered an injury because of a negligent act or negligence It is crucial that you act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limits that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These limitations of time can differ according to the state and the type of claim and are usually subject to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries caused by a car accident the statute 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 limitation applicable to your case and ensure that it is filed on time. A lawyer with experience can examine your case to determine if there are extensions or waivers that could be possible. It is important to remember that even the statute of limitations has run out however, you may be able to file additional claims for compensation relating 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 about your situation, so they can inform you of all the options available. In most cases, the statute of limitations starts to run from the date of the underlying incident which caused your injury. However, in some situations, such as exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you realize or should have known that your injury was caused by the negligent act. This is known as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these situations are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. Warwick injury attorney You Tube at Littman & Babiarz can assist you if have been injured by another person's wrongful behavior. Contact us today to schedule your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two groups of damages: general and special. General damages are intended to compensate you for the losses associated with your injury, which includes medical bills, lost income and pain and suffering. Special damages could include funeral costs and emotional distress. If your loved one has died because of reckless behavior by another person, you could be able recover the cost of wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements which are breach, duty, causation and damages. To establish a duty the defendant must be under an obligation under law to act responsibly in a particular situation. A failure to fulfill this obligation is known as negligence. A breach of this duty is a direct cause of the injury you suffered. To qualify for damages the injury must have caused significant harm or caused significant damage. For instance, a car accident that caused a broken arm could result in substantial medical expenses, and most likely a loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. A wrongful death claim might be a result of the funeral and burial costs for your loved one and emotional distress that your family or you experienced. Damages that are not financial are more difficult to calculate. Your lawyer will employ various methods to calculate the worth of your pain and suffering. Keep a record of your daily pain levels and how the injuries have affected your mental, physical, and emotional well-being can help support your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In some cases the attorney may pursue punitive damages, which are designed to punish the responsible party. These damages are only available if a judge or jury feels that the defendant's conduct was especially outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions. Settlements The amount you receive for your injuries is contingent on how your case is determined. If your case is heard by a jury, the jury will decide how much you are awarded for your losses and injuries. In many cases parties, however to settle outside of the courtroom. This allows them to avoid the time and cost of a trial. It also allows victims to recover their compensation sooner than have if they waited for the trial to be completed. The settlement for a personal injury includes the economic as well as other damages. The former covers costs like medical expenses as well as lost wages and property damage. The latter include aspects like suffering and loss of enjoyment of life. Placing a monetary value on these damages is often challenging however an attorney can help determine what your injuries are worth. Typically, an insurance company will offer an agreement before your case goes to trial. They will examine the evidence you have collected and determine what they think your claim is worth. You might be required to submit an order letter, along with the evidence you have provided and an offer for a reasonable compensation amount. You will most likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have a valid claim the settlement will pay the cost of your medical treatment and other expenses out of pocket associated with the accident. In some instances your settlement could include compensation for any future treatment that your doctor predicts you will need 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 kind of compensation is usually granted to spouses and children who are suffering due to the death of a loved one during an accident caused by someone else's negligence. You could also be eligible for punitive damages if you were found to be negligent in particular. This type of compensation is intended to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injury, they should begin to collect evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties are unable to reach a settlement 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 detail the claimant's version of events, describe how the defendant's actions harmed them and ask for relief in the form of financial compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant is given a specific amount of time in which to respond. During this process, both sides will complete the discovery phase where each party investigates the defenses and claims of the other. This could be a lengthy process and could require an extensive amount of documentation. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also request a fair settlement from the insurance company. The insurance company can accept the offer, decline it, or counter-offer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your recovery. A competent lawyer can go through all the evidence available to ensure that you're being compensated for every loss. They can also assist you to reduce unnecessary costs and track the money you're entitled to. New York law allows for everyone to be compensated for their part of the blame if more than one party is responsible for an accident. An experienced attorney can help with workers compensation cases. Some personal injury cases may require experts from fields such as economics, medicine, and engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to help your case. Depending on the circumstances, some cases may go to trial, while others will settle outside of court.