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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include the cost of your past and future medical expenses and lost wages. It also covers your pain and suffering, as well as the loss of companionship. Statute of limitations If you've been injured due to another person's wrongful negligence or action, it is important that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limits that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ according to the state and claim type, and are often subjected to specific or limited exemptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. For other civil actions that involve negligence, such as medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitation applicable to your case, and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are any extensions or waivers that might be available. It is important to know that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so that they can provide you with the various options that are available. In most cases, the statute of limitations begins to run on the date of the incident that led to your injury. However, in certain circumstances like exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you realize or reasonably should have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are also a few instances where the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be examined by a knowledgeable personal injury lawyer. If you have been hurt due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two types 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. Special damages may include funeral costs as well as emotional distress. If your loved one passed away because of reckless behavior by another, you may be able to claim damages for wrongful death. A court must establish four factors to determine the party responsible for your injuries 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 behave responsibly in the particular situation. Negligence is the failure to perform this obligation. A breach of this obligation is a direct cause of the injury you suffered. To be able to claim damages the injury must have caused severe harm or significant damage. A car accident resulting in an injured hand could result in significant medical expenses, and most likely a loss of income. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional distress you or your family members have experienced. Non-financial damages are harder to determine. Your lawyer will employ different methods to determine the value of your pain and suffering. Keep a journal of your pain levels throughout the day and how your injuries have affected you physically as well as physically. This will help to support your claim. Insurance companies tend to undervalue these damages to avoid paying more settlements. In some cases, your attorney can pursue punitive damages, which are designed to penalize the party who was negligent. These damages can only be granted when a jury or judge finds the defendant's behavior to be outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your case goes to trial, a jury will decide how much to award you for your injuries and losses. In a lot of cases, however, parties agree to settle out of court. This lets them save the time and money of a trial. This means that victims can get their compensation sooner than if they had to wait for the trial to conclude. The settlement for a personal injury includes the economic as well as other damages. The former includes costs like medical expenses as well as lost wages and property damage. The latter includes aspects like suffering and loss of enjoyment. Calculating a dollar value for these damages is often challenging however an attorney can help determine the value of your injuries. Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you've gathered and decide what they believe your claim is worth. You may be required to file an official demand letter that includes your evidence and a request for the appropriate compensation amount. Columbus injury lawsuit www.youtube.com , you will receive a counter-offer by the insurance company, which is usually less than what you asked for. Your attorney will then negotiate an equitable settlement with the insurance company. If you have a valid claim, the settlement will cover your medical expenses and other out-of-pocket expenses related to your accident. In some instances your settlement could include a portion of any future treatment that your doctor estimates that you will require as a result. 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 usually awarded to spouses and children who are suffering due to the death of a loved one during an accident caused by another person's negligence. You could also be awarded punitive damages if you were found to be especially negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing an action After contact with an attorney for personal injuries, a person should begin collecting documentation 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 should be included in a claim. If the parties are unable reach a settlement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant, and request for an amount of money. A summons is also filed and personally served to the defendant, which is a notification that they are being sued. The defendant is given a certain amount of time in which to respond. During this process each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. This could be a lengthy process that may require lots of documents. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company could accept the offer, decline it, or offer a counteroffer. It is essential to have an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all available evidence to verify that you are being compensated for each loss. They can also weed out unnecessary expenses and help to keep track of the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. An experienced attorney can help with workers compensation cases. Certain personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will assist you in selecting experts who can testify to support your case. Based on the circumstances of the case, it could be decided out-of-court or in a trial.