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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. In order to receive the full amount of damages, it's important to keep track of your losses meticulously. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages are the costs of your past and future medical expenses as well as lost wages. Also, it covers your suffering and pain and the loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you must 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 time limits can vary according to the state and claim type and are typically subject to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions that involve negligence like medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitations applicable to your case and ensure that it is filed in time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to note that even if the statute of limitations has expired but you might still be able to file additional claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so they can provide you with the various options that are available. In the majority of instances, your statute of limitations starts to run from the date of the incident that caused you injury. In some situations, like exposure to toxic materials or medical malpractice the limitation period is not established until you are aware, or reasonably could have realized that your injury is result of a negligent act. This is referred to as the discovery rule. There are also some instances where the statute of limitations has been “tolled” or suspended, but these situations are very specific to the facts and need to be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured due to the negligence of another. Contact us for an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are meant to compensate you for costs resulting from your injury, including medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress could be included in the special damages. If your loved one has died because of reckless behavior by a third party, you could be able to claim the cost of wrongful death. To hold the party responsible accountable for your injury the court must establish four elements that include breach, duty, causation and damages. To establish a defendant's duty to be legally bound to behave responsibly in the given situation. A failure to fulfill this obligation is referred to as negligence. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused serious damage or serious harm in order to be eligible for damages. For example, a car accident that resulted in a severed arm could result in substantial medical expenses, and most likely an interruption in wages. The defendant's reckless or negligent actions directly caused the injury. The wrongful death claim may include funeral and burial costs for your loved one as well as emotional distress you or your family endured. Damages that are not financial are more difficult to calculate. Your lawyer will employ various methods to calculate the worth of your pain and suffering. Keep a record of your daily pain levels and how the injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's conduct was particularly outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you need to show to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or a conscious indifference to the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim is tried by a jury, the jury will decide how much you are awarded for your injuries and losses. In many cases however, the parties will agree to settle out of court. This allows them to avoid the time and cost of a trial. It also allows victims to recover their compensation earlier than should they wait for the trial to complete. The settlement for a personal injury includes both economic and other damages. The former covers expenses like medical costs as well as lost wages and property damage. The latter include things such as suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages can be difficult however, an attorney can help you determine the value of your injuries. Typically an insurance company will offer a settlement prior to the case goes to trial. Coral Springs injury attorneys will review the evidence you've gathered and determine what they think your claim is worth. You may have to file an offer letter, which includes your evidence and a request for an appropriate compensation amount. The insurer is likely to offer you a counter-offer that is typically lower than the amount you request. Your lawyer can negotiate a fair settlement with the insurer. If you have a valid legal claim, your settlement will generally cover medical expenses as well as other out-of-pocket expenses due to the accident. In some instances the settlement may also include compensation for any future treatment that your doctor estimates you will need due to 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 kind 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 negligence of someone else's. You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This kind of compensation is designed to punish the defendant, and to discourage others from engaging in reckless conduct. Filing a Lawsuit After making contact with a personal injury attorney, a person should begin collecting documentation of their losses. Documents such as medical records, police reports, and insurance policies can be included. Include documentation of damage to your property or lost income in your claim. If the parties are unable to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can file a suit against the defendant. The complaint will outline the claimant's version of events, outline how the defendant's actions harmed them, and seek relief in the form of financial compensation. A summons is also filed and handed over to the defendant. It is a notification that they are being accused of a crime. The defendant is then given a certain amount of time to reply. During this time, both sides will complete the discovery phase where each side will investigate the other's claims and defenses. This could take a considerable amount of time, and will likely require a significant amount of documentation. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company could accept the offer, reject it or make a counteroffer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your compensation. A competent lawyer can go through all of the available evidence to confirm that you're being compensated for each loss. They can also eliminate unnecessary expenses and help to keep track of the funds you are entitled 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 assist in workers' compensation cases. Certain personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer will help you select a specialist who can provide testimony to support your case. Depending on the circumstances, certain cases could be tried in court, while others settle out of court.