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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist injured victims to receive fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages cover the costs of your past and future medical expenses as well as lost wages. Also, it covers your pain and suffering as well as the loss of companionship. Statute of limitations If you've been injured by someone else's negligence or wrongful action, you should file a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. The time limitations can differ depending on the state and the type of claim and are typically subject to specific or limited exemptions. For example, in New York, if you would like to file a lawsuit relating to injuries that result from an automobile accident the statute of limitations for these cases is three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to note that even when the statute of limitations has expired but you might still be able to file additional claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. However, it is advised to speak an attorney about your case as soon as possible, so that they can provide you with the options available to you. In the majority of cases, your statute of limitations begins to run from the date of the incident that led to your injury. However, in some situations such as exposure to toxic substances or medical negligence, the statute of limitations does not start to run until you have realized or reasonably should have realized that your injury was caused by the negligent action. This is known as the discovery rule. There are rare circumstances where the statute of limitations is “tolled”, or suspended. These cases are factual and require a knowledgeable personal injury lawyer to look into. If you have been hurt because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the party accountable for your injury. The legal term for this is “damages.” There are two kinds of damages: general and special. General damages are intended to pay for the losses you have suffered such as medical expenses as well as lost wages and pain and discomfort. Funeral expenses and emotional stress may be included in special damages. If your loved one passed away due to reckless conduct by another, you may be able recover the cost of wrongful death. A court must establish four elements to find the responsible party liable for the harm you suffered that result from a breach of duty, causation, and damages. To establish the duty the defendant must be under the legal obligation to be responsible in a specific circumstance. Negligence is the failure to meet 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. A car crash that results in an injured hand could result in substantial medical costs and most likely a loss of income. The defendant's reckless or negligent actions directly led to the injury. The wrongful death claim may include funeral and burial costs for your loved one as well as emotional distress you or your family suffered. Non-financial damage is 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 mental, physical, and emotional well-being can aid in proving your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In rare cases, your attorney can pursue punitive damages. These are meant to penalize the party who was negligent. The damages can only be awarded if a jury or judge finds the defendant's actions to be particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant committed the offense in a manner that was ill-intentional, shrewd, fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case is resolved. If your claim goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases the parties will agree to settle their dispute outside of court. They are able to avoid the lengthy and cost of the court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to be completed. The settlement for a personal injury includes both economic and other damages. Decatur injury lawyer includes expenses like medical costs as well as lost wages and property damage. The latter includes aspects like pain, suffering and loss of enjoyment of your life. It can be difficult to quantify the value on these damages, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will examine the evidence you've gathered and determine how much they value your claim. You may be required to provide an order letter, along with the evidence you have provided and a request for a suitable amount of compensation. Most likely, you will receive a counter-offer from the insurance company, which is usually lower than what you requested. Your attorney will then negotiate an equitable settlement with the insurer. If you have a valid legal claim, the settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include compensation for any future treatment your doctor estimates that you'll require as a result of the. 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 given to children or spouses who have suffered because of the death of their loved ones as a result of an accident caused by someone else's negligence. You may also receive punitive damages if the defendant was found to be particularly negligent. This type of payment is intended to punish the defendant and deter others from engaging in reckless behavior. Filing an action After contact with an attorney for personal injury the client should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies could be included. Include evidence of damage to property or income loss in your claim. If the parties are unable to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the defendant's actions harmed them and ask for relief in the form monetary compensation. A summons will also be issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant then has the time to respond. In this phase, both parties will complete the discovery process in which they investigate the defenses and claims of the other. This can take a significant amount of time and likely require a significant amount of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept the offer, decline it or make a counteroffer. It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your compensation. The right attorney can go through all the evidence to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of all the funds you are entitled receive. If more than one person is liable for the accident, New York law allows each one of them to claim for their part of the responsibility. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will assist you in selecting an expert who can testify to help your case. Based on the specifics of the case, it can be resolved outside of court or in a trial.