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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping an eye on your medical treatment and out-of-pocket expenses. Economic damages cover the cost of your current and future medical expenses as well as lost wages. It also covers your suffering and pain and the loss of companionship. Statute of limitations If you've been injured due to the negligence of someone else or by a wrongful act, you must file a lawsuit as soon as possible. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ according to the state and the type of claim, and are often subjected to special or limited exemptions. In New York, for example when you want to bring a lawsuit against injuries sustained in a car accident the statute of limitations are three years. For other civil actions involving negligence like medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the time limit that applies to your particular case and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that could be available. It is important to keep in mind that even when the statute of limitations has expired, you may still be able to file other claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. It is recommended to speak an attorney about your case as soon as you can and so that he or she can inform you of all your options. In the majority of cases, your statute of limitations starts to expire on the date of the incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the time limit does not begin until you recognize that you would have known that your injury was caused by 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 analyzed by a skilled personal injury lawyer. Our lawyers at Littman & Babarz can help you if you have been injured due to another person's wrongful behavior. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term for this is “damages.” There are two types of damages: general and special. General damages are intended to compensate you for your losses, such as medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one has died due to reckless behavior by another, you may be able to recover wrongful death damage. 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 a defendant's duty to be legally bound to behave responsibly in the specific circumstance. In the event of a breach of this obligation is called negligence. The injury you suffered is directly resulting from a breach of this duty. Evanston injury lawyers You Tube must have caused substantial damage or caused serious harm to qualify for damages. A car crash that results in an injured hand could cause significant medical expenses and, most likely, loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one, and emotional pain you or your family members have suffered. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to determine the value of your pain. Keep a record of your daily pain levels and how your injuries have affected your mental, physical, and emotional well-being can help support your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's behavior was especially outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To obtain these additional damages the lawyer must prove that the defendant acted with malice, willful, fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim is tried by a jury, the jury will decide how much you are awarded for your injuries and losses. In many cases the parties will reach an agreement to settle the matter outside of court. This lets them avoid the time and cost of a trial. This allows victims to get their compensation sooner than if they had to wait for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses as well as lost wages and property damage. The latter include aspects like suffering and pain, as well as the loss of enjoyment. It can be difficult to determine a dollar amount on these damages, but an experienced attorney 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 have collected and determine how much they value your claim. You may be required to send an official demand letter that is accompanied by your evidence and a request for the appropriate compensation amount. The insurance company will likely make a counter-offer which is usually less than the amount you requested. Your attorney will then negotiate a fair settlement with the insurance company. If you have a valid claim, the settlement will cover your medical expenses and other out-of pocket expenses associated with your accident. In certain cases, your settlement may also include a portion of any future treatment that your doctor predicts 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 usually given to children or spouses who suffered as a result of the death of a loved one as a result an accident that was caused by the negligence of another. Punitive damages may be awarded if the defendant is found to have been particularly negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in reckless conduct. Filing an action After making contact with an attorney for personal injuries, a person must begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies can be included. Include documentation of damage to your property or lost income in your claim. If the parties are unable to reach an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant, and request for the amount of compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being sued. The defendant has a limited amount of time in which to respond. During this time each side will complete the discovery phase, where each side will investigate the defenses and claims of the other. This could take a considerable amount of time, and will likely involve a lot of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for an equitable settlement. The insurance company can accept or decline the offer it, or offer a counteroffer. It is crucial to hire an attorney who is knowledgeable of the law in order to protect your rights and maximize recovery. The right attorney can comb through all available evidence to verify that you are being compensated for each loss. They can also help you reduce unnecessary expenses and keep track of the amount you're entitled to. If more than one person is liable for the accident, New York law allows each one to be compensated for their share of responsibility. A knowledgeable attorney can help with workers claims for compensation. Some personal injury cases may require the use experts in areas like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Depending on the circumstances, some cases may go to trial while others will settle outside of court.