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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. To be able to claim full damages, it is essential to keep track of your losses meticulously. Keep track of all medical expenses and out-of the pocket expenses. Economic damages include your past and future medical costs and lost wages. It also covers the pain and suffering you endured and the loss of companionship. Statute of Limitations If you've suffered an injury by a negligent negligence or action it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations can differ depending on the state of origin and the type of claim and are typically subject to limited or special exemptions. For example in New York, if you would like to file a lawsuit relating to injuries that result from an auto accident the statute of limitations for these cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can assist you in determining the statute of limitation applicable to your case and ensure that it 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 if the time limit has passed, you may still be able to file other claims for compensation that relate to your injuries, such as workers compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so they can inform you of the various options available. In the majority of cases, the statute of limitations begins to run from the date of the incident which caused your injury. However, in some situations, such as exposure to toxic substances or medical negligence the statute of limitations will not begin to run until you realize or should have known that your injury was the result of a negligent act. This is referred to as the discovery rule. There are also rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've been injured because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us for an appointment for a free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are designed to compensate you for the expenses resulting from your injury, such as medical expenses, lost income and pain and suffering. Funeral costs and emotional distress can be incorporated into special damages. If your loved one passed away due to reckless behavior by a third party, you could be able to claim damages for wrongful death. To hold the person responsible accountable for your injury, a court must determine four elements which are breach, duty, damages and causation. To establish a duty the defendant must be under the legal obligation to be responsible in a particular situation. Failure to meet this obligation is called negligence. The injury you suffered was directly caused by a violation of this obligation. To qualify for damages the injury must have caused severe harm or significant damage. For example, a car accident that caused a broken arm could result in substantial medical expenses and possibly the loss of wages. The defendant's reckless or careless actions directly caused the injury. A wrongful death claim might include funeral and burial expenses for your loved one and emotional distress that you or your family suffered. Damages that are not financial are more difficult to determine. Your attorney will use different methods to determine the value of your pain. Maintaining a log of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's conduct was particularly obscene. This type of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious actions, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, willful, fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case is determined. If your case is heard in court, a jury will decide how much you are awarded for your injuries and losses. In many cases, the parties will agree to settle out of court. They are able to avoid the time and expense of an in-court trial. This also allows victims to receive their compensation earlier than they would should they wait for the trial to conclude. The settlement for personal injuries includes damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages and property damage. The latter include things such as pain, suffering and loss of enjoyment your life. It isn't always easy to put a monetary amount on these losses, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will usually offer a settlement before your case goes to trial. They will look over the evidence you've collected and determine how much they value your claim. You may need to send an offer letter, which is accompanied by evidence and a request for an appropriate compensation amount. The insurer is likely to make a counter-offer that is typically lower than the amount you request. Your attorney will then negotiate an equitable settlement with the insurer. If you have a valid claim the settlement will cover your medical expenses as well as other expenses out of pocket associated with the accident. In some cases your settlement could include compensation for 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 granted to spouses and children who have suffered due to the death of a loved one due to an accident caused by another's negligence. Punitive damages are possible if the defendant is found to have been negligent. Winston-Salem injury lawsuits youtube.com of compensation is intended to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After contact with a personal injury attorney one should begin collecting documentation of their losses. Documents such as medical records, police reports and insurance policies can be included. Include documentation of damage to your property or income loss in your claim. If the parties cannot agree on an agreement, the plaintiff's attorney may file a lawsuit against the defendant. The complaint will outline the claimant's account of the events, explain how the defendant's actions harmed them, and seek relief in the form of monetary compensation. A summons is also issued and personally served on the defendant as a notice that they are being sued. The defendant is given a certain time frame in which to respond. During this time each side will complete the discovery phase, where each side investigates the other's claims and defenses. This can take a significant amount of time, and will likely require a lot of documentation. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining evidence. They will also be able to assist in the calculation of damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept, reject or counter-offer the offer. It is important to have an experienced lawyer to ensure your rights are protected and maximize your recovery. The right attorney will be able to look through all the evidence to ensure that your losses are compensated. They can also assist you to eliminate unnecessary costs and track the money you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases may require experts from fields like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the circumstances, some cases may be tried in court, while others will settle outside of the court.