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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. To receive full damages, it's important to document your losses carefully. Keep an eye on all medical expenses as well as out-of the pocket expenses. Economic damages include the cost of your past and future medical expenses, as well as lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of limitations If you've suffered injuries due to someone else's negligence or wrongful act, you should file a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield parties from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These limitations of time can differ depending on the state of origin and claim type, and are often subjected to specific or limited exemptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident the statute of limitations are three years. For other civil actions involving negligence such as medical negligence, 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 case and ensure that the case is filed in time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that might be possible. Norfolk injury attorney is important to be aware that even the time your statute of limitations has passed, you could have other claims for compensation relating to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your situation, so they can inform you of the options available. In most instances, the statute of limitations starts to expire on the date of the incident that caused your injury. However, in some situations like exposure to toxic substances or medical malpractice, the statute of limitations will not begin to run until you realize or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury attorney to analyze. If you've been injured due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the party accountable 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 compensate you for the expenses resulting from your injury, which includes medical bills, lost income, and suffering and pain. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one has died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. To hold the party responsible accountable for your injuries the court must establish four elements which are breach, duty, damages and causation. To establish a defendant's obligation, they must be legally bound to act responsibly in the given situation. In the event of a breach of this obligation is known as negligence. The injury you suffered is directly caused by a violation of this obligation. The injury must have caused significant damage or serious harm to qualify for damages. For example a car crash that resulted in a severed arm would result in significant medical costs and likely an interruption in wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one and emotional pain you or your family members have endured. The non-financial damages are more difficult to quantify. Your attorney will employ various methods to calculate the worth of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries affected your physical, mental and emotional health can aid in your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare instances, your attorney can seek punitive damages, which are meant to penalize the party who was negligent. The damages can only be awarded if the judge or jury finds the defendant's behavior to be particularly obscene. These types of compensations are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To get these additional damages, you must show to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim goes to trial the jury will determine how much they will award you for your injuries and losses. In a lot of cases, however, parties agree to settle their claims outside of the courtroom. This means they can avoid the time and expense of a trial. This allows victims to get their compensation sooner than if they had to wait for the trial to be concluded. The settlement for a personal injury includes both economic and other damages. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects such as suffering and loss of enjoyment. The process of determining a value for these damages is usually difficult however, an attorney can help determine what your injuries are worth. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will review the evidence you've gathered and determine what they think your claim is worth. You might be required to submit an order letter, along with the evidence you have provided and an appropriate compensation amount. You will most likely receive a counter-offer from your insurer, which is typically lower than what you requested. Your attorney will then negotiate a fair settlement with the insurer. If you have an appropriate claim the settlement will cover your medical expenses as well as other expenses out of pocket related to your accident. In some cases your settlement could include a portion of any future treatment that your doctor predicts 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 given to children and spouses who suffer due to the death of a loved one during an accident caused by another's negligence. You could also be awarded punitive damages if the defendant was found to be negligent in particular. This kind of compensation is designed to punish the defendant and deter others from engaging in similar reckless behaviors. Filing a Lawsuit After making contact with a personal injury attorney, a person must begin collecting evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Include documentation of damage to your property or income loss in your claim. If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can file an action against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant hurt them, and request relief in the form monetary compensation. A summons will also be filed and personally served on the defendant as a notice that they are being accused of a crime. The defendant then has the time to reply. During this time, both sides will complete the discovery phase, where each side investigates the other's claims and defenses. This could take a considerable amount of time and likely require a significant amount of documents. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company can accept, reject or counter-offer the offer. It is crucial to hire an attorney who knows the law to protect your rights and maximize recovery. An experienced lawyer will comb through all evidence available to ensure that you are being paid for every loss. They can also weed out unnecessary expenses and assist you to keep track of all the amount you are entitled to receive. If more than one person is liable for the accident, New York law allows each one of them to claim for their part of the responsibility. An experienced attorney can help with workers' compensation cases. Certain personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the facts of the case, it can be resolved outside of court or in a trial.