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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of all medical expenses as well as out-of the pocket expenses. Economic damages cover the cost of your past and future medical expenses and lost wages. Also, it covers the pain and suffering and loss of companionship. Statute of limitations If you've suffered an injury due to another person's wrongful negligence or action, it is important that you act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has been met. These time limits vary by state and type of claim, and they are often restricted to certain or specific exceptions. For instance in New York, if you are seeking to bring a lawsuit for injuries caused by an automobile accident, the statute of limitations for these cases is three years. For Charlotte injury attorney that involve negligence like medical malpractice and 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 will review your case to determine if there are any extensions or waivers that may be available. It is important to know that even if your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to speak 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, your statute of limitations starts to run from the date of the underlying incident which caused your injury. However, in certain circumstances like exposure to toxic substances or medical negligence, the statute of limitations does not start to run until you realize or should have known that your injury was caused by the negligent action. This is known as the discovery rule. There are some rare situations where the statute of limitations is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury lawyer to evaluate. The attorneys at Littman & Babiarz can help you if you were injured as a result of an unintentional act of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are designed to provide you with compensation for your losses, such as medical bills or lost wages, as well as pain and discomfort. Special damages may include funeral expenses and emotional distress. If a loved one passed away because of another's reckless behavior you may also be able to recover wrongful death damages. To hold the responsible party accountable for your injuries, a court must determine four elements: duty, breach, damages and causation. To establish the duty the defendant must be under the legal obligation to behave responsibly in a specific situation. A failure to fulfill this obligation is known as negligence. The injury you sustained is directly caused by a breach of this obligation. The injury must have caused significant damage or serious harm to qualify for damages. A car accident resulting in an injured hand could result in significant medical expenses, and most likely the loss of income. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family members have endured. Damages that are not financial are more difficult to quantify. Your attorney will employ a variety of methods to calculate the worth of your suffering and pain. Keep a diary to document your pain levels throughout the day and how your injuries have affected you mentally physical, emotionally, and physically. This can help you to support your claim. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In some cases, your attorney can pursue punitive damages. These are meant to penalize the party who was negligent. These damages are only available when a judge or jury feels that the defendant's behavior was especially outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case is heard, a jury will determine how much you are awarded for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. This allows them to save the time and money of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses as well as lost wages and property damage. The latter include things such as suffering and loss of enjoyment. It can be difficult to quantify the value on these damages, however an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will usually offer a settlement before your case goes to trial. They will examine the evidence you've collected and determine what they think your claim is worth. You might be required to submit a letter of demand, along with your evidence and an offer for a reasonable compensation amount. The insurer will likely send you a counter-offer, which is often less than the amount you requested. Your lawyer can negotiate an equitable settlement with the insurance company. If you have an appropriate claim, the settlement will cover the cost of your medical treatment and other out-of pocket expenses associated with the accident. In some instances, your settlement will also include compensation for any 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 kind of compensation is typically granted to children or spouses who suffered as a result of the death of their loved ones as a result of an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant is found to be negligent in particular. This kind of payment is designed to punish the defendant and prevent others from engaging in similar reckless actions. Filing an action After a person has spoken with an attorney for personal injury, they should begin to gather documentation of their losses. This may include documents like medical records, police reports and insurance policies. Include evidence of damage to property or lost income in your claim. If the parties fail to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will outline the claimant's version of events, describe how the actions of the defendant hurt them, and request relief in the form of financial compensation. A summons will also be filed and personally served on the defendant, which is a notification that they are being sued. The defendant will then have the time to reply. In this phase each party will complete the discovery process in which they examine the claims and defenses of the other side. It can be a long process that may require an extensive amount of documentation. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering 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 can accept or decline the offer it or make a counteroffer. It is crucial to have an experienced lawyer who can protect your rights and maximize your payout. A good lawyer will be able to go through all the evidence to verify that your losses are compensated. They can also weed out unnecessary expenses and help you to keep track of the funds you are entitled receive. New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one party is responsible for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will assist you in selecting an expert who can provide testimony to back your case. Based on the facts of a case, it may be decided outside of court or at trial.