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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist injured victims to receive fair compensation. To be able to claim full damages, it's important to document your losses carefully. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses and lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a wrongful action, you should file a lawsuit as soon as possible. Statutes of limitation are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim and are typically subject to specific or limited exceptions. For example in New York, if you want to file a lawsuit over injuries that result from an auto accident the statute of limitation for these types of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can assist you in determining the statute of limitation that applies to your case and ensure that it is filed in time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember that even if the statute of limitations has expired but you might still be able to make claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. However, it is advised to consult with an attorney regarding your case as soon as possible to ensure that they can provide you with the options available to you. In most cases, the statute of limitations begins to run on the date of the underlying incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the statute of limitation does not begin until you are aware or should have known, that your injury was caused by a negligent act. This is called the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are extremely specific and should be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to an unintentional act of another. Contact us today for your free consultation. Damages The purpose of a personal injury lawsuit is to get financial compensation from the party responsible for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for your losses, such as medical bills or lost wages, as well as pain and discomfort. Bellevue injury lawsuits can include funeral costs as well as emotional distress. If your loved one has died because of another's reckless behavior you may also be able to recover wrongful death damages. To hold the party responsible accountable for your injuries, a court must determine four elements that include breach, duty, damages and causation. To establish the duty, the defendant must have an obligation under law to act responsibly in a specific circumstance. Negligence is the failure to meet this duty. A breach of this duty is a direct cause for the injury you sustained. To qualify for damages the injury must have caused severe damage or injury. A car accident that causes an injury to the hand could result in significant medical expenses, and most likely loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim could involve the funeral and burial expenses for your loved one as well as emotional distress that your family or you felt. Non-financial damage is more difficult to quantify. Your lawyer will employ various methods to determine the value of your pain and suffering. Keep a diary to document your pain levels throughout the day and how your injuries have affected you physically physical, emotionally, and physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. The damages can only be awarded when a jury or judge finds the defendant's actions to be particularly obscene. This type of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To get these additional damages, you need to prove to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or a conscious indifference to the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you receive. If your claim is tried, a jury will determine how much you are awarded for your losses and injuries. In many cases parties, however to settle outside of court. This means they can avoid the time and expense of a trial. It also allows victims to collect their compensation sooner than they would have if they waited for the trial process to complete. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects such as suffering and loss of enjoyment of life. It isn't always easy to quantify the value on these losses, but an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies will usually offer a settlement to settle your claim before it goes to trial. They will look over the evidence you have collected and determine what they think your claim is worth. You may need to file an offer letter, which includes your evidence and an offer for a suitable compensation amount. The insurer is likely to offer you a counter-offer which is usually less than the amount you requested. Your attorney can then negotiate an acceptable 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 the accident. In some cases the settlement may also 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. This type of compensation is typically awarded to spouses and children who suffer because of the death of a loved one in an accident caused by another's negligence. You could also be eligible for punitive damages if you were found to be especially negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injury, a person should begin collecting documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in a claim. If the parties are unable to reach an agreement or agreement, the attorney representing the plaintiff can bring an action against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant and request for monetary compensation. A summons is also filed and personally delivered to the defendant. It is a notification that they are being sued. The defendant will then have the time to reply. During this phase each party will complete the discovery process where they investigate the defenses and claims of the other party. This could be a lengthy process and may involve lots of documents. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept, reject or counter-offer the offer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your recovery. A good lawyer will be able to go through all the evidence to ensure that your losses are compensated. They can also help you eliminate unnecessary expenses and help you to keep track of all the funds you are entitled receive. New York law allows for each person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases could require the assistance of experts in fields like economics, medicine, and engineering. Your lawyer will help you select experts who will be able to provide evidence to support your case. Based on the circumstances of a case, it can be resolved outside of court or in a trial.