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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. Documenting your losses is essential for obtaining full damages. Keep an eye on the medical expenses and out of pocket costs. Economic damages include the cost of your current and future medical expenses and lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of Limitations If you've suffered an injury by a negligent act or negligence it is imperative that you act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They stop claims from being filed after the deadline. The time limitations can differ according to the state and the type of claim and are usually subject to specific or limited exemptions. In New York, for example when you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. For civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitation applicable to your case and ensure that the case is filed on time. A knowledgeable lawyer can 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 as well as Social Security disability benefits. However, it is best to speak an attorney about your situation as soon as you can, so that he or she can inform you of the options available to you. In the majority of cases, the statute of limitations starts to run from the date of the incident which caused your injury. However, in certain situations, such as exposure to toxic substances or medical malpractice, the statute of limitations will not start to run until you realize or ought to have realized that your injury was caused by the negligent action. Albany injury lawyer You Tube is referred to as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury lawyer to evaluate. If you've been injured by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the person responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to provide you with compensation for your losses like medical bills, lost wages, and pain and discomfort. Funeral expenses and emotional distress could be included in the special damages. If your loved one has died due to a reckless act of another you may also be entitled to wrongful death damages. To hold the person responsible accountable for your injuries, a court must determine four elements which are breach, duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act in a responsible manner in the given situation. A failure to fulfill this obligation is known as negligence. The injury you suffered is directly caused by a violation of this duty. To qualify for damages the injury must have caused severe damage or injury. For instance, a car accident 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. A claim for wrongful death could include funeral and burial expenses for your loved one as well as emotional distress that you or your family experienced. Non-financial damages can be more difficult to calculate. Your lawyer will employ various methods to determine the value of your suffering and pain. Keep a diary to document your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This will help to support your claim. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only available when jurors or judges believe that the defendant's behavior was particularly outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional 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, willfulness, or oppression or an avowed disregard for the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your case goes to trial, a jury will determine how much they will award you for your injuries and losses. In many cases parties, however to settle outside of court. This means they can avoid the time and cost of a trial. It also allows victims to recover their compensation sooner than have if they waited for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical costs as well as lost wages and property damage. The latter include aspects like pain and suffering and the loss of enjoyment of life. Placing a monetary value on these damages is often challenging however an attorney can help you determine the value of your injuries. Insurance companies typically offer an agreement to settle your case prior to it goes to trial. They will review the evidence you have collected and determine what they feel your claim is worth. You may be required to submit a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurer will likely offer you a counter-offer that is typically less than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses as well as other out-of pocket expenses related to your accident. In certain cases the settlement could also include a portion of any future treatment your doctor believes you'll require as a result of the. 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 and children who have suffered as a result of the loss of a loved one due to an accident caused by someone else's negligence. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This kind of payment is designed to penalize the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injury and has been advised to collect evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should be included in a 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 account, explain the defendant's actions and ask for monetary compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being accused of a crime. The defendant then has an appropriate amount of time to reply. In this stage, both parties will complete the discovery process, where they look into the claims and defenses of the other. It can be a long process that may require a great deal of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also make a demand to the insurance company for a fair settlement. The insurance company may accept, reject or counteroffer the offer. It is essential to hire an experienced lawyer who can protect your rights and maximize your payout. An experienced lawyer will comb through all available evidence to verify that you are compensated for each loss. They can also assist you to cut out unnecessary costs and track the money you're entitled to. New York law allows for each person to be compensated for their share of the blame if more than one party is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an expert who will be able to provide evidence to back your case. Based on the specifics of the case, it may be decided out-of-court or at trial.