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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages cover your past and future medical costs and lost wages. It also covers pain and suffering and loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a wrongful act, you must file a lawsuit as soon as possible. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. These limitations of time can differ according to the state and the type of claim and are usually subject to limited or special exemptions. For example, in New York, if you want to file a lawsuit relating to injuries caused by an automobile accident the statute of limitation for these cases is three years. For civil actions that involve negligence such as medical negligence and product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the time limit that applies to your case and ensure that it is filed in a timely manner. An experienced lawyer will examine your case and suggest 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 run out however, you may be able to make claims for compensation related to your injuries, including workers' compensation or Social Security disability benefits. However, it is advised to consult with an attorney about your situation as soon as you can, so that he or she can inform you of the options available to you. In the majority of cases, your statute of limitations begins to run on the date of the incident which caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice the time limit is not established until you are aware, or reasonably would have known that your injury is result of a negligent act. This is referred to as the discovery rule. There are also exceptional situations where the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be assessed by a competent personal injury lawyer. Our lawyers at Littman & Babarz can help you if you have been injured by another person's wrongful behavior. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are designed to compensate you for your losses like medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one has died due to reckless behavior by another, you may be able recover the cost of wrongful death. A court must establish four elements to determine who is responsible for your injury such as breach of duty, causation, and damages. To establish the duty of a defendant to be legally bound to behave responsibly in the specific situation. In the event of a breach of this obligation is referred to as negligence. Sugar Land of this duty is a direct cause of the injury you sustained. The injury must have caused substantial damage or caused serious harm to qualify for damages. For example, a car accident which resulted in a fractured arm would have substantial medical expenses and possibly the loss of wages. The defendant's careless or reckless actions directly led to the injury. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional stress you or your family members have endured. Non-financial damages are harder to determine. Your attorney will employ a variety of methods to calculate the value of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries have affected your mental, physical and emotional health can aid in your claim for these damages. Insurance companies tend to undervalue these damages to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the responsible party. These damages are only available when the judge or jury believes that the defendant's behavior was particularly outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To be eligible for these additional damages, you must prove to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your case goes to trial, a jury will decide what they will pay you for your losses and injuries. In many cases however the parties will agree to settle out of court. They can avoid the time and cost of a court trial. It also allows victims to recover their compensation sooner than they would should they wait for the trial process to conclude. The settlement for a personal injury includes both economic and other damages. The former include costs like medical expenses, lost wages, and property damage. The latter covers aspects such as pain, suffering and the loss of enjoyment your life. Calculating a dollar value for these damages can be difficult however an attorney can help determine 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've gathered and decide what they believe your claim is worth. You may need to submit an offer letter, which is accompanied by evidence and an offer for a suitable compensation amount. You will most likely receive a counter-offer by the insurer, which is typically lower than what you requested. Your lawyer can negotiate an equitable settlement with the insurer. If you have a valid claim the settlement will pay the cost of your medical treatment and other expenses out of pocket due to your accident. In certain cases the settlement could also include a portion of any future treatment your doctor predicts you'll require due to the. 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 or children who suffered as a result of the death of their loved ones due to an accident that was caused by negligence of someone else's. Punitive damages are possible in the event that the defendant is determined to have been negligent. This type of compensation is designed to punish the defendant and deter others from engaging in similar reckless actions. Filing an action Once a person has contacted an attorney for personal injury, they should begin to collect evidence of their losses. This may include documents like medical records or police reports, as well as insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties fail to reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant harmed them, and request relief in the form of monetary compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is given a certain amount of time in which to respond. During this process each side will complete the discovery phase where each side investigates the other's claims and defenses. 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 to assist in the calculation of damages. They can also make an offer to the insurance company for a fair settlement. The insurance company could accept the offer, decline it or make a counteroffer. It is important to have an experienced lawyer who can ensure your rights are protected and maximize your payout. The right attorney can comb through all available evidence to verify that you are compensated for every loss. They can also eliminate unnecessary expenses and help you to keep track of all the money you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. A knowledgeable attorney can assist with workers' compensation cases. Some personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Your lawyer will assist you in selecting an expert who can provide testimony to help your case. Depending on the circumstances of the case, it could be decided outside of court or at trial.