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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. Documenting your losses is essential to receiving full damages. Keep an eye on all medical expenses and out-of pocket costs. Economic damages cover the costs of your past and future medical expenses as well as lost wages. Also, it covers suffering and pain and loss of companionship. Statute of limitations If you've suffered an injury because of a negligent negligence or action It is crucial that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal restrictions that shield parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations are different for each state and claim type and are usually subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries caused by a car accident, the statutes of limitations are 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 you determine the time limit that applies to your particular case and ensure that it is filed in a timely manner. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should be aware that even if your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to consult an attorney about your situation as soon as you can, so that he or she can provide you with all your options. In most instances, your statute of limitations will expire on the date of the incident that caused you injury. However, in some situations, such as exposure to toxic substances or medical malpractice, the statute of limitations does not start to run until you realize or ought to have realized that your injury was caused by a negligent act. This is known as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These scenarios are factual and require a knowledgeable personal injury attorney to analyze. If you have been hurt because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are intended to compensate you for your losses like medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional distress could be included in the special damages. If your loved one passed away because of reckless behavior by a third party, you could be able to claim the cost of wrongful death. A court must establish four factors to determine who is responsible for your injuries: duty, breach of duty, causation and damages. To establish Lewisville injury lawsuits must be under an obligation under law to be responsible in a specific circumstance. Negligence is the failure to meet this obligation. The injury you suffered was directly caused by a breach of this obligation. The injury must have caused substantial damage or serious harm to be able to claim damages. A car crash that results in a severed hand would result in substantial medical costs and, most likely, a loss of income. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim may include funeral and burial expenses for your loved one and emotional pain you or your family suffered. The non-financial damages are more difficult to calculate. Your attorney will employ various methods to calculate the value of your pain and suffering. Keeping a journal of your pain levels throughout the day and how the injuries have affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Insurance companies typically undervalue these damages in order to avoid paying more settlements. In rare cases, your attorney can pursue punitive damages, which are designed to punish the negligent party. These damages can only be granted when a jury or judge finds the defendant's conduct to be particularly obscene. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant committed the offense 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 of compensation you receive for your injuries is contingent on how your case is resolved. If your claim is contested by a jury, the jury will decide how much you are awarded for your injuries and losses. In a lot of cases parties, however to settle outside of court. This allows them to save the time and money of a trial. This also allows victims to recover their compensation sooner than they would have if they waited for the trial process to conclude. A personal injury settlement can include both economic and non-economic damages. The former covers expenses like medical costs as well as lost wages and property damage. The latter include things such as pain and suffering and the loss of enjoyment of life. Placing a monetary value on these damages can be difficult however an attorney can help determine the value of your injuries. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will look over the evidence you've gathered and decide what they believe your claim is worth. You may have to file an offer letter, which is accompanied by evidence and an offer for a suitable compensation amount. You will most likely receive a counter-offer by the insurance company, which is usually less than what you asked for. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have an appropriate claim the settlement will pay your medical expenses and other out-of-pocket expenses associated with your accident. In certain cases the settlement could also include a portion of any future treatment your doctor believes you will 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 kind of compensation is usually given to children and spouses who are suffering due to the death of a loved one in an accident caused by someone else's negligence. Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is intended to penalize the defendant and discourage others from engaging in reckless behavior. Filing a Lawsuit Once a person has contacted a personal injury lawyer, they should begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Documentation of loss of income or property damage should also be included in a claim. If the parties cannot reach an agreement or agreement, the attorney representing the plaintiff can start a lawsuit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant hurt them and ask for relief in the form of financial compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant then has the time to reply. In this phase each party will complete the discovery process, where they investigate the claims and defenses of the other. This could be a lengthy process that may require lots of documents. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also request a fair settlement from the insurance company. The insurance company can accept the offer, decline it or make a counteroffer. It is vital to have an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney will be able to go through all the evidence available to confirm that your losses are compensated. They can also help you cut out unnecessary costs and track the amount of money you're entitled. If more than one person is responsible for the accident, New York law allows each one to be compensated for their share of responsibility. A skilled attorney can also assist with workers' compensation cases. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, and engineering. Your lawyer will help you select a specialist who can provide testimony to back your case. Based on the circumstances of the case, it could be decided outside of court or in a trial.