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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. To receive full damages, it is important to document your losses carefully. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are the cost of your past and future medical expenses as well as lost wages. It also covers pain and suffering and loss of companionship. Statute of limitations If you've been injured because of a negligent action or negligence, it is important to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that shield individuals from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations are different for each state and type of claim and are usually subject to specific or limited exceptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence such as medical negligence, product liability and wrongful death, the statute of limitations is two years. A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed on time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to know that even the time your statute of limitations has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney regarding your case as soon as you can and so that they can provide you with the options available to you. In most cases, your statute of limitations starts to expire on the date of the incident that caused you injury. In some instances, like exposure to toxic substances or medical malpractice, the time limit is not established until you recognize, or reasonably should have known, that your injury is caused by a negligent act. This is known as the discovery rule. There are rare circumstances in which the statute of limitations is “tolled”, or suspended. These scenarios are factual and require a knowledgeable personal injury attorney to analyze. Our lawyers at Littman & Babarz can assist you if were injured as a result of another person's wrongful behavior. Contact us to schedule an appointment for a no-cost consultation. Damages The goal of a personal injury claim is to get financial compensation from the person accountable for your injury. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for expenses resulting from your injury, such as medical bills, lost income and suffering and pain. Funeral expenses and emotional stress may be included in special damages. If your loved one passed away due to reckless conduct by a third party, you could be able to claim the cost of wrongful death. A court must establish four elements to determine who is responsible for your injury such as 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 given circumstance. Negligence is the failure to perform this obligation. The injury you suffered is directly resulting from a breach of this duty. To be eligible for damages, the injury must have caused significant damage or injury. For example, a car accident that caused a broken arm could result in substantial medical expenses and possibly a loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim could involve the funeral and burial expenses for your loved one as well as emotional pain that you or your family felt. Non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a journal of your pain levels throughout the day and how your injuries affect you mentally as well as physically. This can help you support your claim. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the responsible party. These damages are only awarded when an arbitrator or jury determines the defendant's actions to be outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements The amount you receive for your injuries is contingent on how your case is determined. If your claim goes to trial, a jury will decide how much to award you for your injuries and losses. In many cases, the parties will agree to settle out of court. 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 conclude. Waco injury lawyers YouTube for personal injuries will include the economic as well as other damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter include aspects such as suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages is usually difficult however, an attorney can help determine the value of your injuries. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will look over the evidence you've collected and determine what they feel your claim is worth. You may be required to provide an official letter of demand together with evidence and an appropriate amount of compensation. You will most likely receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your attorney can then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an undisputed legal claim, the settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In certain instances your settlement could 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 type of compensation is typically given to children or spouses who have suffered due to the loss of a loved one as a result an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant was found to be negligent in particular. This kind of payment is intended to penalize the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit After contacting a personal injury attorney, a person should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can file a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for the amount of compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant will then have an appropriate amount of time to reply. During this time both sides will go through the discovery phase, where each party investigates the other's claims and defenses. This can take a significant amount of time and likely require a lot of documents. A lawyer can assist in prepare for trial by arranging expert witnesses and obtaining evidence. They can also help calculate damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company can accept, decline or counter-offer the offer. It is essential to have an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. A good lawyer will be able to look through all the evidence to confirm that your losses are compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of the amount you are entitled to receive. If more than one person is liable for the accident, New York law allows each one to be compensated for their part of the responsibility. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases may require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to back your case. Based on the circumstances of the case, it could be decided out-of-court or at trial.