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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. To receive full damages, it's important to document your losses carefully. Keep an eye on all medical expenses and out-of the pocket expenses. Economic damages include the cost of your past and future medical expenses as well as lost wages. It also covers the pain and suffering you endured as well as the loss of companionship. Statute of limitations If you've suffered injuries due to someone else's negligence or wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has been met. These time limits vary by state and claim type and they are often subject to special or limited exceptions. For example, in New York, if you would like to file a lawsuit over injuries caused by an automobile accident, the statute of limitations for these kinds of cases is three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed in a timely manner. An experienced lawyer can examine your case to determine if there are extensions or waivers that could be available. You should be aware that even the time your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to consult with an attorney about your case as soon as possible, so that they can provide you with all your options. In the majority of cases, the statute of limitations begins to run from the date of the incident that caused your injury. However, in some situations, such as exposure to harmful substances or medical malpractice, the statute of limitations does not begin to run until you realize or should have known that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to another person's wrongful behavior. Contact us for an appointment for a free consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the party responsible for your injuries. Damages is the legal term used to describe this. There are two kinds of damages: general and special. General damages are designed to provide you with compensation for your losses, such as medical bills as well as lost wages and pain and discomfort. Special damages could include funeral costs as well as emotional distress. If a loved one passed away due to the reckless conduct of another you may also be entitled to damages for wrongful death. To hold the responsible party accountable for your injuries, a court must establish four elements which are breach, duty, causation and damages. To establish a duty, the defendant must have a legal obligation to be responsible in a specific situation. A failure to fulfill this obligation is known as negligence. The injury you suffered is directly resulting from a breach of this obligation. To be able to claim damages, the injury must have caused severe damage or injury. For instance a car crash that resulted in a severed arm would have substantial medical expenses, and most likely a loss of wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one, and emotional pain you or your family members have suffered. Non-financial damage is more difficult to quantify. Your lawyer will employ various methods to calculate the worth of your suffering and pain. Keep a journal to record your daily pain level as well as how your injuries affect you mentally as well as physically. This will help to support your claim. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements. In some cases, your attorney can seek punitive damages, which are designed to penalize the party who was negligent. These damages are only available when jurors or judges believe that the defendant's conduct was particularly obscene. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. In order to receive these additional damages, you need to show to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression, or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case is determined. If your claim goes to trial the jury will determine how much to award you for your losses and injuries. In many cases parties, however to settle their claims outside of the courtroom. They can avoid the time and expense of the court trial. This also allows victims to collect their compensation earlier than they would have if they waited for the trial to be completed. The settlement for personal injuries will include the economic as well as other damages. The former include costs like medical expenses, lost wages and property damage. The latter include things such as suffering, pain and loss of enjoyment of your life. It isn't always easy to put a monetary amount on these damages, but an experienced attorney can assist you in determining the value of your injuries. Insurance companies will usually offer an agreement to settle your case before it goes to trial. They will look over the evidence you've gathered and determine how much they value your claim. You might be required to submit an official letter of demand together with evidence and a request for a suitable amount of compensation. The insurance company will likely offer you a counter-offer which is often lower than your requested amount. Your attorney can then negotiate a fair settlement with the insurer. If you have an undisputed legal claim, the settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In some cases, your settlement may also include compensation for any future treatment 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 type of compensation is usually awarded to spouses or children who have suffered because of the death of a loved ones due to an accident caused by someone else's negligence. Cincinnati injury attorneys can be awarded when the defendant is found to have been particularly negligent. This type of compensation is intended to penalize the defendant and discourage others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injury and has been advised collecting evidence of their losses. Documents like medical records, police reports and insurance policies could be included. Include documentation of damage to your property or income loss in your claim. If the parties fail to come to an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the defendant's actions harmed them, and seek relief in the form monetary compensation. A summons is also issued and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant is then given the time to respond. In this process, both sides will complete the discovery phase, where each side will investigate the other's claims and defenses. This can be a lengthy process and could require lots of documents. A lawyer can assist in prepare for trial by arranging expert witnesses and collecting evidence. They are also able to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept the offer, reject it or make a counteroffer. It is important to have an experienced lawyer who can ensure your rights are protected and maximize your payout. A competent lawyer can go through all the evidence available to ensure that you are compensated for every loss. They can also eliminate unnecessary expenses and assist you to keep track of the funds you are entitled receive. If more than one person is at fault for the accident, New York law allows each one of them to claim for their part of the responsibility. An experienced attorney can assist in workers claims for compensation. Some personal injury cases might require the use experts in fields such as economics, medicine, and engineering. Your lawyer can assist you in locating a specialist who can provide testimony to help your case. Based on the situation, some cases could be tried in court, while others will settle outside of the court.