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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 to receiving full damages. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages are a result of your future and past medical expenses as well as lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of limitations If you've suffered injuries due to negligence or a negligent action, you should start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect individuals from unnecessary litigation by preventing claims filed after the deadline has passed. These limitations of time can differ depending on the state of origin and the type of claim and are typically subject to limited or special exemptions. For instance, in New York, if you want to file a lawsuit over injuries caused by an auto accident the statute of limitations for these cases is three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure it is filed on time. A lawyer with experience can review your case to determine if there are any extensions or waivers that could be possible. It is important to be aware that even if your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to consult an attorney about your case as soon as you can, so that he or she can inform you of all your options. In the majority of cases, the statute of limitations starts to run on the date of the incident which caused your injury. However, in certain circumstances like exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you realize or reasonably should have realized that your injury was caused by the negligent action. This is known as the discovery rule. There are some rare situations in which the statute of limitations is “tolled”, or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to evaluate. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury lawsuit is to obtain financial compensation from the party accountable for your injury. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are meant to provide you with compensation for your losses like medical bills, lost wages, and pain and discomfort. Special damages can include funeral costs and emotional stress. If your loved one died due to reckless conduct by another, you may be able to claim damages for wrongful death. To hold the responsible party accountable for your injuries the court must establish four elements that include breach, duty, causation and damages. To establish the duty, the defendant must have a legal obligation to act responsibly in a particular situation. A failure to fulfill this obligation is called negligence. The injury you suffered is directly caused by a breach of this duty. The injury must have caused serious damage or serious injury in order to be eligible for damages. For example a car crash that resulted in a severed arm would result in significant medical expenses and possibly the loss of wages. The defendant's reckless or careless actions directly caused the injury. The wrongful death claim can include funeral and burial expenses for your loved one, as well as emotional distress you or your family have endured. The non-financial damages are more difficult to determine. Your attorney will employ a variety of methods to calculate the value of your suffering and pain. Maintaining a log of your daily pain levels and how the injuries affected your physical, mental and emotional well-being could help support your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements. In rare instances the attorney may pursue punitive damages. These are designed to punish the responsible party. The damages can only be awarded when an arbitrator or jury determines the defendant's actions to be outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant was acting with malice, willful or fraud, as well as oppression or a conscious disregard for the consequences of his or her actions. Settlements The amount you receive for your injuries depends on how your case will be decided. If your claim goes to trial, a jury will decide what to award you for your losses and injuries. In a lot of cases parties, however to settle out of the courtroom. This means they can save the time and money of a trial. Additionally, it allows victims to collect their compensation earlier than if they waited for the trial process to be completed. The settlement for a personal injury includes both economic and other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects like suffering, pain, and loss of enjoyment your life. Calculating a dollar value for these damages is usually difficult, but an attorney can help you determine what your injuries are worth. Insurance companies will usually offer settlements to settle your claim before it goes to trial. They will review the evidence that you have collected and determine how much they consider your claim. You may be required to send an official demand letter that includes your evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer from the insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid claim the settlement will cover your medical expenses and other out-of-pocket expenses due to the accident. In some instances the settlement may also include compensation for future treatments that your doctor believes you'll require 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 typically given to children or spouses who have suffered because of the loss of a loved ones as a result of an accident that was caused by someone else's negligence. Punitive damages can be awarded when the defendant is found to have been particularly negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless actions. Filing Concord injury lawsuit Once someone has contacted an attorney for personal injuries and has been advised 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 cannot agree on a settlement or agreement, the attorney representing the plaintiff can bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant, and request for the amount of compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being sued. The defendant has a limited amount of time in which to respond. During this stage the parties will go through the discovery process where they examine the claims and defenses of the other side. This can be a lengthy process that may require an extensive amount of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and collecting evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company may accept, reject or counter-offer the offer. It is essential to have an attorney who is familiar with the law in order to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all the available evidence to confirm that you're being compensated for each loss. They can also weed out unnecessary expenses and help you to keep track of all the amount you are entitled to receive. New York law allows for each person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Certain personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the circumstances of the case, it may be resolved outside of court or at trial.