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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. It is crucial to document your losses for obtaining full damages. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages are a result of your past and future medical expenses and lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of Limitations If you've suffered injuries due to negligence or a negligent act, you must begin a lawsuit as quickly as you can. Statutes of limitations are legal time limitations that protect the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. These limitations of time can differ depending on the state of origin and claim type and are usually subject to limited or special exemptions. In New York, for example when you want to file a lawsuit for injuries sustained in a car accident the statutes of limitation are three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help you determine the time limit that applies to your particular case and ensure it is filed in a timely manner. A lawyer with experience can examine your case to determine if there are any extensions or waivers that could be available. It is important to keep in mind that even the statute of limitations has run out, you may still be able to make claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. It is recommended to speak an attorney about your case as soon as possible to ensure that they can provide you with all options. In most cases, the statute of limitations begins to run on the date of the underlying incident that led to your injury. However, in certain situations, such as exposure to harmful substances or medical negligence, the statute of limitations does not start to run until you have realized or should have known that your injury was the result of a negligent action. 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 skilled personal injury lawyer to look into. Our lawyers at Littman & Babarz can help you if you have been injured due to an unintentional act of another. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are Mount Vernon injury lawyer of damages, general and special. General damages are intended to compensate you for the losses associated with your injury, such as medical expenses, lost income and pain and suffering. Funeral costs and emotional distress could be included in the special damages. If your loved one has died because of reckless behavior by another, you may be able recover the cost of wrongful death. A court must establish four elements in order to determine the party responsible for your injury that result from a breach of duty, causation and damages. To establish a defendant's duty to act responsibly, they must be legally bound to act responsibly in the particular circumstance. Negligence is the failure to perform this obligation. The injury you sustained is directly resulting from a breach of this duty. The injury must have caused serious damage or serious injury in order to be eligible for damages. For instance a car crash which resulted in a fractured arm would have substantial medical expenses, and most likely a loss of wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one and emotional pain you or your family have endured. Non-financial damages are more difficult to determine. Your lawyer will employ a variety of methods to determine the value of your pain and suffering. Keep a diary to document your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This can help you to support your claim. Many insurance companies undervalue the damages to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the responsible party. These damages can only be granted when the judge or jury finds the defendant's behavior to be outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant was acting with malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be resolved. If your case goes to trial, a jury will determine how much they will pay you for your losses and injuries. In many cases the parties will reach an agreement to settle their dispute outside of court. This lets them avoid the time and cost of a trial. This means that victims can get their compensation sooner than those who had to wait for the trial to be concluded. The settlement for a personal injury includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter covers aspects such as suffering, pain and the loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer can assist you in determining the worth of your injuries. Typically an insurance company will usually offer a settlement prior to the case goes to trial. They will review the evidence you've collected and decide what they believe your claim is worth. You may have to submit a demand letter, which includes your evidence and a request for the appropriate compensation amount. The insurer will likely make a counter-offer that is typically less than the amount you requested. Your attorney can then negotiate an equitable settlement with the insurance company. If you have an appropriate legal claim, your settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor estimates you'll require due to 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 kind of compensation is typically awarded to spouses or children who have suffered due to the death of a loved one as a result an accident caused by someone else's negligence. Punitive damages are possible if the defendant is found to have been particularly negligent. This kind of payment is intended to penalize the defendant and to discourage others from engaging in reckless conduct. Filing a Lawsuit Once a person has contacted a personal injury lawyer and has been advised collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of damage to your property or lost income in your claim. If the parties are unable reach a settlement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant hurt them, and seek relief in the form of financial compensation. A summons is also filed and delivered to the defendant. This is a notice that they are being sued. The defendant is given a specific amount of time in which to respond. In this process, both sides will complete the discovery phase where each side investigates the defenses and claims of the other. This could take a considerable amount of time and will likely require a significant amount of documents. A lawyer can assist in prepare for trial by arranging for experts to testify and gathering evidence. They can also assist in calculating damages. They may also request an equitable settlement from the insurance company. The insurance company may accept, reject or counteroffer the offer. It is important to have an experienced lawyer to protect your rights and maximize your compensation. An experienced lawyer will comb through all the available evidence to verify that you are paid for every loss. They can also help you eliminate unnecessary expenses and assist you to keep track of the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer will assist you in selecting an expert who will be able to provide evidence to back your case. Based on the facts of the case, it could be resolved outside of court or at trial.