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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's important to document your losses carefully. Keep the track of all medical expenses and out-of expenses out of pocket. Economic damages include the cost of your past and future medical expenses and lost wages. Also covered are the pain and suffering and loss of companionship. Statute of limitations If you've suffered injuries due to the negligence of someone else or by a wrongful act, you should file a lawsuit as soon as possible. Statutes of limitations are legal limitations that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These limitations are different for each state and claim type and are usually subject to specific or limited exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries caused by a car accident the statutes of limitation are three years. For other civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can assist you in determining the statute of limitation that applies to your particular case and ensure that it is filed in time. A lawyer with experience can examine your case to determine if there are any extensions or waivers that might be available. It is important to note that even the time limit has passed however, you may be able to make claims for compensation related to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to consult an attorney about your case as soon as possible and so that he or she can inform you of the options available to you. In the majority of cases, the statute of limitations starts to run on the date of the incident that led to your injury. In some instances, like exposure to toxic substances or medical malpractice, the statute of limitation is not established until you realize that you could have realized that your injury was caused by a negligent act. This is known as the discovery rule. There are some rare situations where the statute of limitations is “tolled” or suspended. These scenarios are factual and require a skilled personal injury lawyer to look into. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the party accountable for your injuries. Damages is the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to provide you with compensation for your losses, such as medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one has died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. To hold the person responsible accountable for your injury, a court must establish four elements that include breach, duty, damages and causation. To establish a duty, the defendant must have a legal obligation to behave responsibly in a specific circumstance. Failure to meet this obligation is called negligence. The injury you sustained is directly caused by a violation of this duty. The injury must have caused significant damage or serious harm to qualify for damages. For example an accident in a car that caused a broken arm would result in significant medical expenses and possibly the loss of wages. The defendant's reckless or careless actions directly caused the injury. A wrongful death claim could include funeral and burial expenses for your loved one and emotional trauma that your family or you felt. The non-financial damages are more difficult to calculate. Your lawyer will employ various methods to calculate the worth of your pain and suffering. Keep a journal to record your daily pain level and how your injuries have affected you mentally physical, emotionally, and physically. This can help you support your claim. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In rare instances your lawyer can seek punitive damages, which are meant to penalize the party who was negligent. These damages are only granted when an arbitrator or jury determines the defendant's actions to be particularly obscene. This kind of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. In order to receive these additional damages, you need to prove to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your claim goes to trial, a jury will determine how much to award you for your injuries and losses. In a lot of cases, however, parties agree to settle out of court. They are able to avoid the lengthy and expense of an in-court trial. Additionally, it allows victims to collect their compensation earlier than they would have if they waited for the trial to complete. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include things such as suffering, pain and loss of enjoyment your life. It can be difficult to determine a dollar amount on these losses, but an experienced attorney can assist you in determining the value of your injuries. Typically, an insurance company will usually offer an agreement before your case goes to trial. They will review the evidence you have collected and determine what they think 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. You will most likely receive a counter-offer from your insurer, 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 out-of pocket expenses due to your accident. In some instances your settlement could include a portion of the future treatment that your doctor estimates you will need 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 awarded to spouses and children who suffer due to the loss of a loved one in an accident caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be particularly negligent. This type of compensation is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit After a person has spoken with an attorney for personal injury, they should begin to gather 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 lost income in your claim. If the parties cannot reach an agreement the attorney for the plaintiff may bring an action against the defendant. The complaint will provide the claimant's account, explain the defendant's actions and ask for an amount of money. A summons will also be filed and personally served to the defendant, which is a notification that they are being sued. The defendant has a limited timeframe to respond. During this time each side will complete the discovery phase in which 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 assist in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company can accept, deny or counteroffer the offer. It is vital to have an attorney who is knowledgeable of the law in order to protect your rights and maximize the amount of compensation you receive. A good lawyer will be able to go through all the evidence available to verify that your losses are compensated. Oklahoma City injury attorneys can also help you eliminate unnecessary expenses and help to keep track of all the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the responsibility in cases where more than one party is accountable for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases require the use of experts in fields like economics, medicine and engineering. Your lawyer will assist you choose the right expert to provide testimony and support your case. Depending on the circumstances, some cases may go to trial, while others will settle outside of the court.