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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. To receive full damages, it is important to record your losses in a meticulous manner. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include the future and past medical costs and lost wages. Also, it covers your suffering and pain as well as the loss of companionship. Statute of limitations If you've been injured by a negligent action or negligence it is imperative to act swiftly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that shield individuals from unnecessary litigation by preventing claims filed after the deadline has expired. The time limitations can differ depending on the state and claim type and are usually subject to special or limited exemptions. For instance in New York, if you would like to file a lawsuit over injuries sustained in an automobile accident, the statute of limitations for these cases is three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can assist you determine the statute of limitations applicable to your case and ensure it is filed in a timely manner. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to be aware that even the time 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 advised to consult with an attorney about your case as soon as possible to ensure that they can provide you with all options. In the majority of cases, your statute of limitations begins to run from the date of the incident that caused your injury. However, in certain circumstances such as exposure to harmful substances or medical negligence the statute of limitations does 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 some rare situations in which the statute of limitations is “tolled”, or suspended. These cases are factual and require a skilled personal injury attorney to analyze. Littman & Babiarz's attorneys can help you if you have been injured by another person's wrongful behavior. Contact us for a free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are meant to compensate you for your losses like medical bills or lost wages, as well as pain and discomfort. Funeral costs and emotional distress could be included in the special damages. If your loved one died due to reckless conduct by another, you may be able to recover damages for wrongful death. A court must establish four elements in order to find the responsible party liable for your injuries that result from a breach of duty, causation, and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act responsibly in the given circumstance. Negligence is the inability to fulfill this obligation. The injury you suffered was directly resulting from a breach of this obligation. The injury must have caused significant damage or caused serious harm to qualify for damages. A car crash that results in an injured hand could result in substantial medical costs and most likely a loss of income. The defendant's reckless or careless actions directly caused the injury. The wrongful death claim may include funeral and burial expenses for your loved one as well as emotional stress you or your family members have experienced. Non-financial damages are more difficult to calculate. Your attorney will use a variety of methods to calculate the value of your suffering and pain. Keep a journal to record your daily pain level as well as how your injuries have affected you physically physical, emotionally, and physically. This will help support your claim. Insurance companies tend to undervalue these damages to avoid paying more settlements. In rare cases, you can seek punitive damages to punish the negligent party. These damages are only granted when a jury or judge finds the defendant's conduct to be outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries depends on how your case is resolved. If your claim goes to trial the jury will decide how much they will award you for your losses and injuries. In many cases, however, parties agree to settle outside of the courtroom. They can avoid the time and expense of a court trial. It also allows victims to receive their compensation sooner than have if they waited for the trial process to conclude. A personal injury settlement can include both economic and non-economic damages. The former covers costs such as medical expenses as well as lost wages and property damage. The latter include aspects such as pain and suffering and the loss of enjoyment of life. It can be difficult to determine a dollar amount on these losses, but an experienced lawyer can help you determine the value of your injuries. Typically, an insurance company will typically offer a settlement before your case goes to trial. They will review the evidence you've collected and determine how much they will consider your claim. You may have to file a demand letter, which includes your evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer from the insurer, which is typically lower than the amount you requested. Your attorney will then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have an appropriate legal claim, the settlement will generally cover medical expenses 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 estimates that you will 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 type of compensation is typically awarded to spouses or children who have suffered because of the death of a loved ones due to an accident caused by someone else's negligence. You could also be eligible for punitive damages if the defendant is found to be particularly negligent. This kind of payment is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing an action After making contact with an attorney for personal injury the client should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies could be included. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement the attorney for the plaintiff may start an action against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant hurt them, and request 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 certain time frame in which to respond. During this time each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely require a lot of documentation. Dallas injury attorney can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company could accept, deny or counter-offer the offer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your compensation. An experienced lawyer will comb through all of the available evidence to confirm that you're being paid for every loss. They can also help you eliminate unnecessary costs and track the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases require the use of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose the right expert to testify in support of your case. Based on the circumstances of a case, it may be resolved outside of court or in a trial.