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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. To receive full damages, it is important to record your losses in a meticulous manner. Keep an eye on all medical expenses and out-of expenses out of pocket. Economic damages are a result of the future and past medical expenses and lost wages. It also covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured due to another person's wrongful action or negligence, it is important to 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 claim type, and are often subjected to specific or limited exemptions. For instance, in New York, if you would like to file a lawsuit over injuries sustained in an auto accident the statute of limitations for these types of cases is three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure that the case is filed in time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to keep in mind that even when the statute of limitations has run out but you might still be able to file additional claims for compensation relating to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so that they can inform you of all the options available. In most cases, the statute of limitations begins to run on the date of the incident that caused your injury. However, in some situations like exposure to toxic 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 action. This is known as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These cases are factual and require an experienced personal injury attorney to analyze. The attorneys at Littman & Babiarz can help you if you have been injured due to the negligence of another. Contact us for an appointment for a free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the party responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. Loveland injury lawyers are designed to compensate you for your losses such as medical expenses, lost wages, and discomfort and pain. Special damages can include funeral costs as well as emotional distress. If your loved one passed away due to reckless conduct by a third party, you could be able to recover damages for wrongful death. A court must establish four factors to find the responsible party liable for your injuries: duty, breach of duty, causation and damages. To establish a defendant's obligation to be legally bound to act in a responsible manner in the specific circumstance. Failure to meet this obligation is called negligence. The injury you suffered is directly caused by a violation of this duty. The injury must have caused substantial damage or caused serious harm to be able to claim damages. A car accident that causes a severed hand would result in significant medical expenses and, most likely, loss of income. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional stress you or your family suffered. Non-financial damage is more difficult to determine. Your attorney will employ different methods to determine the worth of your pain. Keep a journal of your daily pain level and how your injuries have affected you mentally as well as physically. This can help you support your claim. Insurance companies typically undervalue these damages to avoid paying higher settlements. In rare instances, your attorney can seek punitive damages, which are meant to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's behavior was especially outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious actions, and nursing home abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case will be resolved. If your claim is tried, a jury will determine the amount you will be awarded for your injuries and losses. In many cases parties, however to settle outside of the courtroom. This allows them to avoid the time and expense of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be completed. The settlement for personal injuries will include both economic and other damages. The former includes expenses like medical costs, lost wage and property damage. The latter include things like suffering, pain and the loss of enjoyment your life. It can be difficult to put a monetary amount on these damages, however an experienced attorney can assist you in determining the value of your injuries. Typically, an insurance company will typically offer a settlement prior to the case goes to trial. They will examine the evidence you've collected and decide what they believe your claim is worth. You may need to send a demand letter, which is accompanied by evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer from the insurer, which is typically less than what you asked for. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an undisputed legal claim, your settlement will generally pay for medical bills and other out-of-pocket expenses related to the accident. In certain instances, your settlement will also include compensation for any future treatments that your doctor believes 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 kind of compensation is typically granted to children or spouses who have suffered due to the death of their loved ones as a result of an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant was found to be negligent in particular. This kind of payment is intended to penalize the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit Once a person has contacted a personal injury lawyer the next step is to gather documentation of their losses. Documents such as medical records, police reports and insurance policies could be included. Include evidence of damage to property or lost income in your claim. If the parties cannot agree on an agreement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant and request for an amount of money. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant has a limited timeframe to respond. During this process, 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 lot of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company can accept, reject or counter-offer the offer. It is important to have an experienced lawyer who can protect your rights and maximize your compensation. The right attorney will be able to go through all the evidence available to verify that your losses are being compensated. They can also weed out unnecessary expenses and help you to keep track of the funds you are entitled receive. New York law allows for every person to be compensated for their share of the blame if more than one party is accountable for an accident. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases could require experts from fields like economics, medicine, and engineering. Your lawyer will assist you in selecting an expert who can testify to support your case. Depending on the specifics of a case, it can be resolved outside of court or at trial.