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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims 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 cover the cost of your current and future medical expenses, as well as lost wages. Also, it covers pain and suffering and loss of companionship. Statute of limitations If you've suffered an injury because of a negligent act or negligence It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations can differ depending on the state of origin and claim type and are usually subject to special or limited exemptions. For example, in New York, if you are seeking to file a lawsuit over injuries caused by an automobile accident the statute of limitation for these cases is three years. For civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help you determine the statute of limitations that applies to your case and ensure that it is filed in time. A lawyer with experience will examine your case to determine if there are any extensions or waivers that may be possible. It is important to know that even the time your statute of limitations 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. However, it is best to consult an attorney about your case as soon as possible, so that they can inform you of all options. 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 substances or medical malpractice the time limit does not begin until you recognize or should have known, that your injury was result of a negligent act. This is known as the discovery rule. There are also rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be assessed by a competent personal injury lawyer. If you've suffered injury due to someone else's wrongful behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule a free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term for this is “damages.” There are two types of damages which are: general and specific. General damages are meant to compensate you for your losses, such as medical bills or lost wages, as well as discomfort and pain. Special damages could include funeral costs as well as emotional distress. If your loved one died due to reckless behavior by another person, you could be able to claim wrongful death damage. A court must establish four elements to determine who is responsible for your injury: duty, breach of duty, causation and damages. To establish a defendant's duty, they must be legally bound to act responsibly in the particular situation. Negligence is the failure to perform this obligation. The injury you sustained is directly resulting from a breach of this duty. The injury must have caused substantial damage or caused serious harm to be able to claim damages. For instance, a car accident that caused a broken arm could result in substantial medical expenses and possibly the loss of wages. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family suffered. Non-financial damages can be more difficult to determine. Your attorney will use different methods to determine the value of your suffering and pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This will help prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In rare cases, you can seek punitive damages to punish the responsible party. These damages are only awarded when a jury or judge finds the defendant's behavior to be particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant acted with malice or wantonness, fraud or oppression, or a conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is determined. If your case is heard, a jury will determine the amount you're awarded for your injuries and losses. In a lot of cases parties, however, they agree to settle outside of court. They can avoid the time and expense of a court trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be concluded. The settlement for personal injuries includes damages that are both economic and non-economic. The former include costs like medical expenses, lost wages, and property damage. The latter include things like suffering and pain, as well as the loss of enjoyment. Calculating a dollar value for these damages is usually difficult however an attorney can help you determine the value of your injuries. Typically, an insurance company will offer a settlement before your case goes to trial. They will look over the evidence you have gathered and determine how much they value your claim. You may need to send a demand letter, which is accompanied by evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer from the insurer, which is usually lower than the amount you requested. Your lawyer can negotiate a fair settlement with the insurer. If you have an appropriate legal claim, your settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor estimates you'll require 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 granted to spouses and children who are suffering because of the death of a loved one in an accident caused by another's negligence. Punitive damages can be awarded if the defendant is found to have been negligent. This kind of compensation is designed to punish the defendant and discourage others from engaging in similar reckless actions. Filing an action Once someone has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of property damage or income loss in your claim. If the parties cannot reach an agreement the attorney for the plaintiff may file an action against the defendant. The complaint will outline 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 on the defendant, which is a notification that they are being accused of a crime. The defendant then has an appropriate amount of time to respond. During this stage the parties will go through the discovery process, where they examine the defenses and claims of the other. It can be a long process and may involve lots of documents. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They will also be able to assist in the calculation of damages. They can also demand an appropriate settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is important to have an experienced lawyer to protect your rights and maximize your payout. A competent lawyer can go through all the evidence available to ensure that you are being paid for every loss. They can also assist you to reduce unnecessary expenses and keep track of the money you're entitled to. If more than one person is responsible for the accident, New York law allows each of them to recover for their part of the responsibility. A skilled lawyer can also assist with workers' compensation claims. Certain personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Dayton injury lawyers will help you choose the right expert to testify in support of your case. Based on the circumstances, some cases may go to trial, while others settle out of court.