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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. The process of documenting your losses is vital to receiving full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages cover the cost of your current and future medical expenses, as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent action, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions which protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These time limits vary by state and type of claim 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 auto accident the statute of limitations for these types of cases is three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can help determine the statute of limitations that applies to your particular case and ensure it is filed in a timely manner. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. You should be aware that even if your statute of limitations is over, you may have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to consult with an attorney regarding your case as soon as possible, so that he or she can provide you with the options available to you. In most cases, the statute of limitations begins to run on the date of the underlying incident that led to your injury. However, in certain situations, such as exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you have realized or ought to have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you have been injured due to another person's wrongful behavior. Contact us today to arrange an appointment for a free consultation. Damages The purpose of a personal injury lawsuit is to get 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 pay for the losses you have suffered such as medical expenses, lost wages, and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If a loved one died due to a reckless act of another you may also be entitled to damages for the wrongful death. A court must establish four factors to determine the party responsible for your injuries that result from a breach of duty, causation and damages. To establish the duty, the defendant must have a legal obligation to act responsibly in a particular situation. In the event of a breach of this obligation is called negligence. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused serious damage or serious harm to be able to claim damages. For instance, a car accident that resulted in a severed arm could result in substantial medical expenses and possibly the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A claim for wrongful death could be a result of the funeral and burial costs for your loved one, as well as the emotional distress that you or your family experienced. Damages that are not financial are more difficult to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a record of your daily pain levels and how the injuries affected your mental, physical and emotional well-being could aid in your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some rare instances you may be able to obtain punitive damages to punish the party who was negligent. These damages are only granted when a jury or judge finds the defendant's conduct to be outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant was acting with malice, wantonness or fraud, as well as oppression or a conscious disregard for the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation you receive. If your case goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases parties, however to settle their claims outside of the courtroom. This lets them save the time and money of a trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former include costs like medical expenses, lost wage and property damage. The latter includes aspects like suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages can be difficult however, an attorney can help you determine what your injuries are worth. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will look over the evidence you've gathered and determine what they think your claim is worth. You may need to send an offer letter, which is accompanied by evidence and a request for the appropriate compensation amount. You will most likely receive a counter-offer from the insurer, which is usually lower than what you requested. Your lawyer can negotiate an acceptable settlement with the insurer. If you have a valid claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket related to the accident. In certain instances the settlement may also include a portion of the future treatment that your doctor predicts you will need as a result 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 usually granted to children or spouses who suffered as a result of the loss of a loved ones as a result of an accident that was caused by negligence of someone else's. Punitive damages can be awarded if the defendant is found to have been particularly negligent. This type of payment is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing an action After a person has spoken with an attorney for personal injuries the next step is to collect evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Include evidence of damage to property or lost income in your claim. If the parties are unable reach an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant, and request for an amount of money. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant then has the time to reply. During Indianapolis injury lawyer will go through the discovery phase in which each side investigates the other's claims and defenses. This could take a considerable amount of time and likely involve a lot of documentation. A lawyer can help 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 make a demand to the insurance company for an appropriate settlement. The insurance company could accept or decline the offer it or make a counteroffer. It is essential to have an attorney who is familiar with the law to safeguard your rights and maximize your recovery. A good lawyer will be able to go through all the evidence to verify that your losses are being compensated. They can also assist you to cut out unnecessary costs and track the money you're entitled to. New York law allows for everyone to be compensated for their share of the blame if more than one person is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases require the involvement of experts in areas like economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Depending on the circumstances, certain cases might go to trial while others will settle outside of the court.