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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. Keep Concord injury lawsuits on all medical expenses and out-of expenses out of pocket. Economic damages are a result of your past and future medical expenses and lost wages. Also, it covers the pain and suffering and loss of companionship. Statute of limitations If you've been injured because of a negligent action or negligence it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations are different for each state and claim type and they are often subject to special or limited exceptions. In New York, for example, if you wish to bring a lawsuit against injuries caused by a car accident the statutes of limitation are three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical negligence, product liability, and the wrongful death of a person. A lawyer can assist you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should be aware that even when your statute of limitation has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your situation, so they can provide you with all the options available. In the majority of instances, your statute of limitations starts to run from the date of the incident that caused your 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 have realized or ought to have realized that your injury was caused by the negligent action. This is referred to as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be assessed by a competent personal injury lawyer. Our lawyers at Littman & Babarz can assist you if you have been injured due to an unintentional act of another. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for the costs resulting from your injury, such as medical bills, lost income and suffering and pain. Special damages may include funeral costs and emotional stress. If your loved one has died due to the reckless conduct of another, you can also recover damages for wrongful death. A court must establish four elements in order to determine the party responsible for your injuries that result from a breach of duty, causation, and damages. To establish the duty of a defendant, they must be legally bound to act responsibly in the specific circumstance. Negligence is the inability to fulfill this obligation. A breach of this obligation is the direct cause of the injury you sustained. To be able to claim damages, the injury must have caused severe harm or caused significant damage. A car crash that results in a severed hand would result in substantial medical costs, and most likely loss of income. The defendant's careless or reckless actions directly led to the injury. The wrongful death claim could include funeral and burial expenses for your loved one as well as emotional stress you or your family experienced. Damages that are not financial are more difficult to quantify. Your attorney will use different methods to determine the amount of your pain. Keep a diary to document your daily pain level as well as how your injuries have affected you physically, physically, and emotionally. This can help you prove your case. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases the attorney may pursue punitive damages. These are meant to penalize the party who was negligent. These damages are only available when the judge or jury believes that the defendant's conduct was especially outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, or malicious acts, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted 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 determined. If your case goes to trial the jury will decide how much they will award you for your injuries and losses. In many cases however the parties will reach an agreement to settle out of court. They can avoid the time and expense of the court trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be concluded. The settlement for personal injuries includes both economic and other damages. The former include costs such as medical expenses loss of wages, property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment of your life. Placing a monetary value on these damages can be difficult however, an attorney can help determine what your injuries are worth. Typically, an insurance company will offer a settlement prior to the case 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, together with evidence and an appropriate compensation amount. Most likely, you will receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have an appropriate claim the settlement will pay your medical expenses as well as 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 kind of compensation is typically awarded to spouses or children who have suffered because of the death of their loved ones as a result of an accident caused by negligence of someone else's. You may also receive punitive damages if you were found to be negligent in particular. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless behavior. Filing a Lawsuit After making contact with an attorney for personal injuries the client should begin accumulating evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Documentation of loss of income or property damage must be included in the claim. If the parties are unable come to an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant harmed them, and request relief in the form of financial compensation. A summons will also be filed and personally served on the defendant and serves as a notice that they are being sued. The defendant is given a specific timeframe to respond. In this process each side will complete the discovery phase, where each party investigates the other's claims and defenses. This can take a significant amount of time and likely involve a lot of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company could accept, decline or counter-offer the offer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your payout. A good lawyer will be able to look through all the evidence to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and track the amount of money you're entitled. New York law allows for every person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Depending on the situation, some cases may go to trial while others settle out of court.