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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. The process of documenting your losses is vital for obtaining full damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages cover the cost of your current and future medical expenses as well as lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of limitations If you've been injured because of a negligent action or negligence It is crucial that you act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and claim type and they are often subject to specific or limited exceptions. For instance in New York, if you want to file a lawsuit relating to injuries caused by an automobile accident, the statute of limitations for these kinds of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can assist you determine the time limit applicable to your case and ensure that it is filed on time. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to know that even when your statute of limitation has expired you may still have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your situation, so that they can advise you of all the options available. In the majority of cases, your statute of limitations starts to run from the date of the incident that caused 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 realize or ought to have realized that your injury was caused by a negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitation is “tolled”, or suspended. These cases are factual and require a knowledgeable personal injury lawyer to look into. Our lawyers at Littman & Babarz can help you if you have been injured by the negligence of another. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term for this is “damages.” There are two kinds of damages which are: general and specific. General damages are intended to compensate you for losses associated with your injury, which includes medical bills, lost income and pain and suffering. Special damages can include funeral expenses and emotional stress. If your loved one died due to reckless behavior by another, you may be able recover damages for wrongful death. A court must establish four factors to determine who is responsible for your injury: duty, breach of duty, causation and damages. To establish the duty of a defendant to be legally bound to act responsibly in the particular circumstance. Negligence is the failure to perform this duty. A breach of this obligation is a direct cause for the injury you sustained. To qualify for damages the injury must have caused serious harm or caused significant damage. A car accident resulting in an injured hand could result in substantial medical costs and most likely the loss of income. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one and emotional pain you or your family endured. The non-financial damages are more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Keep a journal of your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This can help you to support your claim. Insurance companies often undervalue these damages to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the negligent party. These damages are only awarded if the judge or jury finds the defendant's actions to be outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. In order to receive these additional damages, you need to show to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you receive. If your claim goes to trial, a jury will decide how much they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle outside of court. They are able to avoid the time and cost of the court trial. It also allows victims to collect their compensation sooner than have if they waited for the trial process to complete. The settlement for personal injuries includes both economic and other damages. The former includes expenses like medical costs loss of wages, property damage. The latter includes aspects such as suffering and pain, as well as the loss of enjoyment of life. The process of determining a value for these damages can be difficult however, an attorney can help you determine what your injuries are worth. Typically an insurance company will usually offer a settlement before your case goes to trial. They will examine the evidence you've collected and decide what they believe your claim is worth. You may have to submit an offer letter, which is accompanied by evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer from the insurance company, which is usually lower than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurance company. If you have an appropriate claim, the settlement will cover your medical expenses and other expenses out of pocket related to your accident. In some instances your settlement could include compensation for any future treatments that your doctor believes you will need because of 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. Iowa City injury lawsuits of compensation is typically awarded to spouses and children who have suffered because of the loss of a loved one during an accident caused by someone else's negligence. Punitive damages may be awarded if the defendant is found to have been negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in similar reckless actions. Filing an action After a person has spoken with an attorney for personal injuries, they should begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Include evidence of damage to property or lost income in your claim. If the parties are unable come to an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the claimant's account of the events, explain how the defendant's actions harmed them, and seek relief in the form of monetary compensation. A summons will also be filed and personally served to the defendant as a notice that they are being sued. The defendant is given a specific time frame in which to respond. In this phase, both parties will complete the discovery process in which they look into the defenses and claims of the other side. This can take a significant amount of time and likely involve a lot of documents. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They will also be able to assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company may accept, deny or counteroffer the offer. It is crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. The right attorney will be able to look through all the evidence available to confirm that your losses are being compensated. They can also help you eliminate unnecessary expenses and help to keep track of all the funds you are entitled 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. An experienced attorney can help with workers claims for compensation. Some personal injury cases may require the assistance of experts in fields like economics, medicine, and engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Depending on the circumstances, certain cases may go to trial while others settle out of the court.