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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses as well as lost wages. Also, it covers your suffering and pain and the loss of companionship. Statute of Limitations If you've been injured due to another person's wrongful act or negligence, it is important to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. The time limitations vary by state and type of claim and are typically subject to specific or limited exceptions. In New York, for example when you want to bring a lawsuit against injuries that result from a car crash the statutes of limitation are three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are any extensions or waivers that could be possible. It is important to know that even the time your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to speak with an attorney regarding your case as soon as possible and so that he or she can inform you of all options. In the majority of instances, your statute of limitations begins to run from the date of the incident that caused your injury. However, in certain circumstances, such as exposure to harmful substances or medical negligence the statute of limitations will not begin to run until you have realized or ought to have realized that your injury was the result of a negligent act. This is known as the discovery rule. There are a few rare instances where the statute of limitations is “tolled” or suspended. These cases are factual and require an experienced personal injury attorney to analyze. If you've suffered injury by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us today to arrange an appointment for a no-cost consultation. Damages The goal of a personal injury claim is to obtain financial compensation from the person accountable for your injuries. Damages is the legal term used to describe this. There are two kinds of damages: general and special. General damages are designed to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died because of reckless behavior by a third party, you could be able to claim damages for wrongful death. A court must establish four elements in order to find the responsible party liable for your injuries such as breach of duty, causation and damages. To establish a duty, the defendant must have the legal obligation to be responsible in a specific circumstance. Negligence is the inability to fulfill this obligation. A breach of this obligation is a direct cause of the injury you suffered. The injury must have caused serious damage or serious harm to qualify for damages. For instance an accident in a car that resulted in a severed arm would have substantial medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, as well as emotional distress you or your family members have experienced. Non-financial damages are more difficult to determine. Your attorney will use different methods to calculate the worth of your suffering and pain. Keep a journal of your daily pain level and how your injuries affect you mentally as well as physically. This can help you prove your case. Insurance companies often undervalue these damages to avoid paying more settlements. In rare cases your lawyer can seek punitive damages, which are designed to punish the responsible party. These damages are only available when a judge or jury feels that the conduct of the defendant was especially outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you need to demonstrate 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 of compensation you receive for your injuries is contingent on how your case will be determined. If your claim is contested, a jury will determine how much you are awarded for your injuries and losses. In many cases however the parties will reach an agreement to settle their dispute outside of court. Sandy Springs injury attorney YouTube are able to avoid the time and expense of a court trial. It also allows victims to collect their compensation sooner than they would have if they waited for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wage and property damage. The latter include things like suffering, pain, and loss of enjoyment your life. It can be difficult to put a monetary amount on these damages, however an experienced attorney can help you determine the worth of your injuries. Insurance companies typically offer settlements to settle your case prior to it goes to trial. They will examine the evidence you have gathered and determine how much they consider your claim. You may be required to submit a demand letter, which includes your evidence and an offer for a suitable compensation amount. You'll likely receive a counter-offer by the insurance company, which is usually lower than what you requested. Your attorney will then negotiate a fair settlement with the insurer. If you have a valid claim the settlement will pay your medical expenses and other out-of pocket expenses related to your accident. In some cases your settlement could include a portion of any future treatment your doctor predicts you'll 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 type of compensation is typically awarded to spouses or children who have suffered because of the death of a loved ones due to an accident caused by someone else's negligence. Punitive damages may be awarded when the defendant is found to have been particularly negligent. This kind of compensation is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing a Lawsuit Once a person has contacted an attorney for personal injuries, they should begin to collect evidence of their losses. Documents like medical records, police reports, and insurance policies could be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties cannot agree on an agreement, the plaintiff's attorney may file an action against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant, and request for monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant then has a certain amount of time to respond. During this stage the parties will go through the discovery process in which they examine the claims and defenses of the other. This can take a significant amount of time, and will likely require a lot of documentation. A lawyer can assist 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 essential to hire an experienced lawyer to protect your rights and maximize your recovery. The right attorney will be able to go through all the evidence to verify that your losses are being compensated. They can also help you eliminate unnecessary costs and track the amount you're entitled to. New York law allows for every person to be compensated for their share of the responsibility in cases where more than one party is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the use of experts in areas like economics, medicine and engineering. Your lawyer will assist you in selecting an expert who can testify to back your case. Based on the facts of the case, it could be decided out-of-court or in a trial.