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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. It is crucial to document your losses to receive the full amount of damages. Keep track of all medical expenses as well as out-of expenses out of pocket. Economic damages include your past and future medical costs and lost wages. It also covers suffering and pain as well as loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you must start a lawsuit as soon as you can. Statutes of limitation are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and claim type and are typically subject to special or limited exceptions. In New York, for example, if you wish to bring a lawsuit against injuries caused by a car accident the statutes of limitation are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can assist you determine the time limit that applies to your particular case and ensure it is filed on time. An experienced lawyer can examine your case to determine if there are extensions or waivers that might be possible. 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. However, it is advised to speak an attorney about your situation as soon as you can and so that he or she can advise you of all your options. In the majority of cases, the statute of limitations begins to run on the date of the underlying incident that caused your injury. However, in certain situations such as exposure to harmful substances or medical malpractice, the statute of limitations will not start to run until you realize or reasonably should have realized that your injury was caused by the negligent action. This is known as the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured due to the negligence of another. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages that are general and special. General damages are designed to compensate you for losses associated with your injury, which includes medical bills, lost income and pain and suffering. Funeral expenses and emotional stress may be included in special damages. If a loved one died due to a reckless act of another you may also be able to recover wrongful death damages. A court must establish four elements in order to determine the party responsible for the harm you suffered such as breach of duty, causation, and damages. To establish the duty the defendant must be under an obligation under law to be responsible in a specific circumstance. Negligence is the inability to fulfill this duty. A breach of this duty is a direct cause for the injury you suffered. The injury must have caused significant damage or serious harm in order to be eligible for damages. A car accident that causes an injured hand could result in substantial medical costs and, most likely, loss of income. The injury was directly caused by the defendant's negligent or reckless actions. Boynton Beach injury attorney can include funeral and burial costs for your loved one as well as emotional distress you or your family experienced. Non-financial damages are more difficult to determine. Your attorney will use different methods to calculate the value of your pain and suffering. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This can help you to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare cases the attorney may seek punitive damages, which are designed to punish the responsible party. These damages can only be awarded when the judge or jury finds the defendant's conduct to be outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation you receive. If your claim is contested, a jury will determine the amount you will be awarded for your injuries and losses. In a lot of cases, however, parties agree to settle their claims outside of the courtroom. This lets them avoid the time and cost of a trial. Additionally, it allows victims to recover their compensation sooner than they would have if they waited for the trial process to complete. The settlement for a personal injury includes the economic as well as other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include things like suffering and loss of enjoyment of life. Calculating a dollar value for these damages is often challenging however an attorney can help you determine what your injuries are worth. Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence you have amassed and determine how they will consider your claim. You may be required to send an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer by the insurance company, which is usually less than what you asked for. Your attorney will then negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses and other expenses out of pocket due to the accident. In some instances your settlement could include compensation for any future treatment that your doctor predicts you'll 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 kind of compensation is usually given to children and spouses who have suffered as a result of the loss of a loved one during an accident caused by another person's negligence. You could also be awarded punitive damages if the defendant was found to be especially negligent. This kind of compensation is designed to punish the defendant, and to discourage others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injuries, a person should begin accumulating evidence of their losses. Documents such as medical records, police reports, and insurance policies can be included. Include documentation of property damage or income loss in your claim. If the parties fail to come to an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's argument, outline the actions of the defendant and request for the amount of compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being accused of a crime. The defendant will then have a certain amount of time to respond. During this stage the parties will go through the discovery process where they investigate the claims and defenses of the other. This could take a considerable amount of time, and will likely involve a lot of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company can accept the offer, decline it or make a counteroffer. It is crucial to have a knowledgeable lawyer to ensure your rights are protected and maximize your payout. The right attorney can comb through all of the available evidence to confirm that you are paid for every loss. They can also assist you to cut out unnecessary expenses and keep track of the amount you're entitled to. New York law allows for each person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the assistance of experts in fields such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Based on the situation, some cases may go to trial, while others will settle out of court.