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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims receive fair compensation. The process of documenting your losses is vital to receive the full amount of damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages are a result of your past and future medical expenses and lost wages. Also, it covers your suffering and pain and the loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent action, you should file a lawsuit as soon as possible. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These time limits vary by state and type of claim, and they are often subject to special or limited exceptions. For instance, in New York, if you would like to file a lawsuit over injuries caused by an automobile accident the statute of limitations for these cases is three years. For other civil actions involving 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 limitation that applies to your case and ensure that the case is filed on time. 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 know that even when your statute of limitation has passed, you could have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney about your situation as soon as you can and so that he or she can provide you with all options. In the majority of cases, the statute of limitations starts to run from the date of the underlying incident that led to your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit is not established until you are aware that you should have known, that your injury was caused by a negligent act. This is known 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 an experienced personal injury lawyer to evaluate. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are intended to compensate you for losses associated with your injury, including medical bills, lost income and suffering and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one passed away due to reckless behavior by a third party, you could be able recover damages for wrongful death. A court must establish four elements to find the responsible party liable for your injury such as breach of duty, causation and damages. To establish the duty of a defendant to act responsibly, they must be legally bound to act responsibly in the specific situation. A failure to fulfill this obligation is called negligence. The injury you suffered was directly caused by a breach of this duty. To qualify for damages, the injury must have caused serious harm or caused significant damage. For instance a car crash that resulted in a severed arm would have substantial medical expenses, and most likely the loss of 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 stress you or your family experienced. Non-financial damage is more difficult to quantify. Your attorney will use different methods to determine the worth of your pain. Keep a record of your daily pain levels and how the injuries affected your mental, physical and emotional health can help support your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages can only be awarded when an arbitrator or jury determines the defendant's conduct to be particularly obscene. 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 prove that the defendant was acting with malice, wantonness or fraud, as well as oppression or a conscious disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you receive. If your case is heard, a jury will determine how much you are awarded for your losses and injuries. In many cases parties, however, they agree to settle out of court. This allows them to avoid the time and cost of a trial. This also allows victims to collect their compensation sooner than should they wait for the trial process to be completed. The settlement for personal injuries includes the economic as well as other damages. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment. The process of determining a value for these damages can be difficult however, an attorney can help determine the value of your injuries. Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will review the evidence you've collected and determine how much they consider your claim. You may be required to submit a letter of demand, together with evidence and a request for a suitable amount of compensation. You'll likely receive a counter-offer by the insurer, which is usually lower than what you requested. Your attorney will then negotiate a fair settlement with the insurance company. If you have a valid legal claim, the settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In certain cases your settlement could include a portion of any future treatment that your doctor predicts you will require due to 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 or children who suffered as a result of the death of a loved ones as a result of an accident that was caused by someone else's negligence. Cleveland injury attorneys could also be awarded punitive damages if the defendant was found to be especially negligent. This kind of payment is designed to punish the defendant and deter others from engaging in similar reckless actions. Filing a Lawsuit After contact with an attorney for personal injuries, a person should begin collecting documentation of their losses. Documents like medical records, police reports, and insurance policies could be included. Documentation of lost income or property damage should also be included in the claim. If the parties cannot agree on an agreement or agreement, the attorney representing the plaintiff can start a lawsuit against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being sued. The defendant then has an appropriate amount of time to respond. In this process both sides will go through the discovery phase, where each side investigates the other's claims and defenses. This could be a lengthy process and could require an extensive amount of documentation. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company could accept or decline the offer it or make a counteroffer. It is crucial to have an experienced lawyer who can protect your rights and maximize your recovery. A competent lawyer can go through all available evidence to confirm that you are being compensated for each loss. They can also help you eliminate unnecessary expenses and help 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 to be compensated for their part of the responsibility. A competent lawyer can assist with claims for workers' compensation. Certain personal injury cases require the involvement of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating experts who will be able to provide evidence to support your case. Based on the circumstances, some cases may be tried in court, while others will settle outside of the court.