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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages cover your future and past medical costs and lost wages. Also covered are pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to someone else's negligence or wrongful act, you must begin a lawsuit as quickly as possible. Statutes of limitations are legal time limits that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These time limits can vary depending on the state of origin and the type of claim, and are often subjected to specific or limited exemptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash, the statutes of limitations are three years. For civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. An experienced lawyer can also analyze 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 time limit has passed but you might still be able to file additional claims for compensation relating to your injuries, like workers' compensation or Social Security disability benefits. However, it is best to consult an attorney about your situation as soon as you can to ensure 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 on the date of the underlying incident which caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the statute of limitation does not begin until you realize, or reasonably should have known, that your injury is caused by a negligent action. This is called the discovery rule. There are also exceptional situations where the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured by the negligence of another. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term for this is “damages.” There are two kinds of damages that are general and special. General damages are designed to pay for the losses you have suffered, such as medical bills or lost wages, as well as pain and discomfort. Special damages may include funeral expenses and emotional stress. If your loved one passed away due to reckless behavior by another, you may be able recover wrongful death damage. A court must establish four elements in order to find the responsible party liable for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty of a defendant to be legally bound to act responsibly in the particular circumstance. A failure to fulfill this obligation is known as negligence. The injury you suffered was directly caused by a violation of this duty. To qualify for damages, the injury must have caused significant harm or significant damage. For example an accident in a car which resulted in a fractured arm would have substantial medical costs and likely a loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. A wrongful death claim might involve the funeral and burial costs of your loved one and emotional distress that you or your family suffered. Damages that are not financial are more difficult to determine. Your attorney will use a variety of methods to determine the value of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries have affected your physical, mental, and emotional well-being can aid in proving your claim for these damages. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In rare instances, your attorney can pursue punitive damages. These are designed to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's behavior was particularly outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your claim is tried in court, a jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however to settle out of court. This allows them to avoid the time and expense of a trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to conclude. The settlement for a personal injury includes the economic as well as other damages. The former include expenses like medical expenses, lost wages, and property damage. Baytown injury lawyers include things such as pain, suffering and loss of enjoyment your life. It isn't always easy to determine a dollar amount on these damages, but an experienced lawyer can help you determine the worth of your injuries. Typically an insurance company will offer a settlement prior to the case goes to trial. They will examine the evidence that you have collected and determine how much they consider your claim. You might be required to submit an official letter of demand together with evidence and an appropriate amount of compensation. The insurer will likely make a counter-offer that is typically lower than your requested amount. Your attorney can then negotiate an equitable settlement with the insurance company. If you have a valid claim the settlement will cover the cost of your medical treatment and other out-of pocket expenses related to the accident. In certain cases, your settlement may also include compensation for any future treatment your doctor predicts you'll require as a result. 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 given to children or spouses who have suffered due to the death of their loved ones due to an accident that was caused by negligence of someone else's. Punitive damages may be awarded if the defendant is found to have been particularly negligent. This kind of compensation is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing an action Once a person has contacted an attorney for personal injuries and has been advised to gather documentation of their losses. Documents like medical records, police reports and insurance policies could be included. Include evidence of damage to property or lost income in your claim. If the parties are unable to reach an agreement or agreement, the attorney representing the plaintiff can bring an action against the defendant. The complaint will provide the claimant's account, explain the defendant's actions and ask for the amount of compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant then has a certain amount of time to reply. During this phase the parties will go through the discovery process, where they examine the claims and defenses of the other side. It can be a long process and could require an extensive amount of documentation. A lawyer can help prepare for trial by arranging expert witnesses and obtaining evidence. They will also be able 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 or decline the offer it, or counter-offer. It is important to have a knowledgeable lawyer to protect your rights and maximize your payout. The right attorney can comb through all of the evidence available to ensure that you are being paid for every loss. They can also assist you to eliminate unnecessary costs and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Based on the circumstances, some cases could be tried in court, while others will settle outside of court.