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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. It is crucial to document your losses for obtaining full damages. Keep the track of all medical expenses and out-of pocket costs. Economic damages are a result of the future and past medical expenses and lost wages. It also covers your pain and suffering as well as the loss of companionship. Statute of limitations If you've been injured due to the negligence of someone else or by a wrongful act, you must start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations of time can differ according to the state and claim type and are usually subject to limited or special exemptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash the statute of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure it is filed on time. A lawyer with experience can review your case to determine if there are any extensions or waivers that might be available. It is important to be aware that even if your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to consult with an attorney regarding your case as soon as you can and so that he or she can advise you of all your options. In the majority of cases, your statute of limitations starts to run from the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice, the statute of limitation is not set until you are aware or should have known, that your injury is caused by a negligent act. This is referred to as the discovery rule. There are also some exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can assist you if have been injured due to an unintentional act of another. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to compensate you for your losses, such as medical bills or lost wages, as well as discomfort and pain. Funeral expenses and emotional distress can be incorporated into special damages. If a loved one passed away due to a reckless act of another you may also be able to recover damages for the wrongful death. A court must establish four factors to find the responsible party liable for the harm you suffered: duty, breach of duty, causation, and damages. To establish the duty the defendant must be under a legal obligation to behave responsibly in a specific situation. Negligence is the failure to meet this duty. The injury you suffered was directly caused by a violation of this obligation. To qualify for damages the injury must have caused significant harm or caused significant damage. For example a car crash which resulted in a fractured arm would have substantial medical expenses, and most likely an interruption in wages. The injury was directly caused 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 members have suffered. The non-financial damages are more difficult to determine. Your lawyer will employ a variety of methods to calculate the worth of your suffering and pain. Keep a record of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could aid in your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases your lawyer can pursue punitive damages, which are intended to penalize the party who was negligent. These damages are only available if a judge or jury feels that the conduct of the defendant was particularly outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense with malice, willful or fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case will be decided. If your claim goes to trial the jury will determine how much they will pay you for your injuries and losses. In many cases parties, however to settle outside of the courtroom. This lets them save the time and money of a trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement can include both economic and non-economic damages. The former covers costs like medical expenses, lost wage and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment your life. Placing a monetary value on these damages is often challenging however, an attorney can help you determine the value of your injuries. Typically, an insurance company will typically offer an agreement before your case goes to trial. They will look over the evidence you have collected and determine what they feel your claim is worth. You might be required to submit an official letter of demand along with your evidence and an appropriate amount of compensation. The insurer is likely to make a counter-offer that is typically less than the amount you requested. Your attorney can then negotiate a fair settlement with the insurance company. If you have an appropriate claim, the settlement will cover your medical expenses and other expenses out of pocket due to the accident. In some cases your settlement could include compensation for 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 type of compensation is typically awarded to spouses or children who have suffered due to the loss of a loved one as a result an accident caused by someone else's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been negligent. This type of payment is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing a Lawsuit After a person has spoken with an attorney for personal injuries and has been advised to collect evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Documentation of lost income or property damage must be included in the claim. If the parties are unable reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being sued. The defendant is given a specific amount of time in which to respond. During this stage, both parties will complete the discovery process in which they look into the claims and defenses of the other. This could be a lengthy process and could require lots of documents. A lawyer can help prepare for trial by arranging expert witnesses and obtaining evidence. They can also to assist in the calculation of damages. They can also make an offer to the insurance company for a fair settlement. The insurance company can accept, deny or counteroffer the offer. Antioch injury lawsuit is essential to have an attorney who is knowledgeable of the law in order to protect your rights and maximize the amount of compensation you receive. The right attorney will be able to look through all the evidence available to verify that your losses are being compensated. They can also help you cut out unnecessary expenses and track the amount of money you're entitled. New York law allows for every person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in areas like economics, medicine and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the circumstances of a case, it can be decided out-of-court or at trial.