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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. In order to receive the full amount of damages, it is essential to record your losses in a meticulous manner. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are a result of your past and future medical expenses and lost wages. It also covers the pain and suffering you endured and the loss of companionship. Statute of limitations If you've been injured due to negligence or a negligent act, you should begin a lawsuit as quickly as possible. 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 can vary depending on the state and claim type and are typically subject to specific or limited exemptions. In New York, for example, if you wish to bring a lawsuit against injuries that result from a car crash the statute of limitations are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help you determine the statute of limitations that applies to your case and ensure that it is filed on time. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your situation, so that they can inform you of all the options that are available. In most cases, the statute of limitations begins to run from the date of the incident which caused your injury. However, in some situations like exposure to harmful substances or medical negligence the statute of limitations will not begin to run until you have realized or should have known that your injury was caused by a negligent action. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled” or suspended. These situations are highly factual and require a skilled personal injury lawyer to evaluate. Littman & Babiarz's attorneys can assist you if you have been injured due to another person's wrongful behavior. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages that are general and special. General damages are intended to compensate you for the expenses resulting from your injury, such as medical expenses, lost income and suffering and pain. Special damages could include funeral expenses and emotional distress. If a loved one died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. To hold the responsible party accountable for your injuries, a court must establish four elements: duty, breach, causation and damages. To establish the duty the defendant must be under a legal obligation to be responsible in a specific situation. Failure to meet this obligation is referred to as negligence. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused serious damage or serious injury to qualify for damages. A car crash that results in an injury to the hand could result in substantial medical costs, and most likely a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim might include funeral and burial costs of your loved one, as well as the emotional distress that you or your family experienced. Non-financial damages can be more difficult to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a journal of your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This will help prove your case. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was especially outrageous. This kind of compensation is usually awarded in cases involving drunk driving accidents, or malicious acts, and nursing home abuse. To be eligible for these additional damages, you must demonstrate 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 How your case is decided will determine the amount of compensation that you will receive. If your claim goes to trial, a jury will determine how much to award you for your losses and injuries. In many cases however the parties will agree to settle the matter outside of court. This allows them to save the time and money of a trial. This also allows victims to receive their compensation earlier than they would if they waited for the trial process to conclude. The settlement for personal injuries will include damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages, and property damage. The latter include things like suffering, pain, and the loss of enjoyment your life. It can be difficult to quantify the value on these losses, but an experienced lawyer can assist you in determining the worth of your injuries. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will examine the evidence you've amassed and determine how they consider your claim. You may be required to submit an order letter, along with your evidence and an offer for a reasonable compensation amount. You will most likely receive a counter-offer from the insurer, which is typically less than what you asked for. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid legal claim, the settlement will generally pay for medical bills as well as other out-of-pocket expenses due to the accident. In some instances the settlement may also include compensation for any future treatment that your doctor predicts 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 type of compensation is usually granted to children or spouses who have suffered due to the death of their loved ones as a result of an accident caused by the negligence of another. You may also receive punitive damages if the defendant was found to be particularly negligent. This kind of payment is designed to punish the defendant and deter others from engaging in similar reckless behaviors. Filing an action Once a person has contacted a personal injury lawyer and has been advised to gather documentation of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement, the plaintiff's attorney may start a lawsuit against the defendant. The complaint will outline the claimant's account of the events, explain how the actions of the defendant hurt them and ask for relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being sued. The defendant is given a specific 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 an extensive amount of documentation. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept, deny or counter-offer the offer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your payout. A competent lawyer can go through all of the evidence available to ensure that you're being paid for every loss. They can also weed out unnecessary expenses and help to keep track of the money you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one of them to claim for their share of responsibility. An experienced attorney can assist with workers compensation cases. Certain personal injury cases could require the use experts in fields like economics, medicine, and engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Depending on Lubbock injury lawyers YouTube of the case, it can be resolved outside of court or at trial.