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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. It is crucial to document your losses to receiving full damages. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages are a result of your future and past medical costs and lost wages. It also covers the pain and suffering you endured, as well as the loss of companionship. Statute of Limitations If you've been injured due to another person's wrongful act or negligence, it is important that you act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitation are legal time limits that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. These time limits vary by state and claim type and are typically subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries caused by a car accident the statutes of limitation are three years. For civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitations is two years. A lawyer can assist you in determining the statute of limitation applicable to your case, and ensure that it is filed in time. A lawyer with experience can examine your case to determine if there are extensions or waivers that could be available. It is important to keep in mind that even when the statute of limitations has run out but you might still be able to make 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 early as you can regarding your situation, so that they can advise you of the various options available. In most cases, the statute of limitations begins to run on the date of the incident which caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the statute of limitation is not established until you realize, or reasonably could have realized that your injury was caused by a negligent action. This is referred to as the discovery rule. There are rare circumstances where the statute of limitations is “tolled” or suspended. These cases are factual and require a skilled personal injury lawyer to evaluate. Littman & Babiarz's attorneys can assist you if you were injured as a result of an unintentional act of another. Contact us today to schedule your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person responsible for your injuries. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for costs resulting from your injury, such as medical expenses, lost income and suffering and pain. Funeral expenses and emotional stress may be included in special damages. If a loved one died because of another's reckless behavior you may also be able to recover wrongful death damages. To hold the responsible party accountable for your injuries, a court must establish four elements which are breach, duty, damages and causation. To establish a defendant's duty, they must be legally bound to behave responsibly in the particular circumstance. Failure to meet this obligation is called negligence. A breach of this obligation is a direct cause for the injury you sustained. The injury must have caused substantial damage or serious harm to be able to claim damages. For instance, a car accident which resulted in a fractured arm would have substantial medical expenses, and most likely a loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one as well as emotional distress you or your family have suffered. Non-financial damages are harder to calculate. Your lawyer will employ a variety of methods to calculate the value of your suffering and pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you mentally as well as physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In some cases the attorney may seek punitive damages, which are meant to punish the negligent party. The damages can only be awarded when an arbitrator or jury determines the defendant's conduct to be particularly obscene. This type of compensation is typically awarded in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. In order to receive these additional damages, you must show to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is resolved. If your case goes to trial, a jury will decide what they will pay you for your losses and injuries. In many cases the parties will agree to settle out of court. This means they can avoid the time and cost of a trial. Additionally, it allows victims to receive their compensation sooner than they would if they waited for the trial to complete. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include 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 you determine the value of your injuries. Insurance companies typically offer settlements to settle your case prior to it goes to trial. They will look over the evidence that you have gathered and determine how much they value your claim. You might be required to submit an order letter, along with the evidence you have provided and a request for a suitable compensation amount. The insurer is likely to send you a counter-offer, which is often less than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have a valid legal claim, your settlement will typically cover your medical bills and other out-of-pocket expenses related to the accident. In Chattanooga injury lawyers YouTube could also include a portion of any future treatment 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 awarded to spouses or children who suffered as a result of the death of their loved ones due to an accident that was caused by negligence of someone else's. Punitive damages are possible when the defendant is found to have been particularly negligent. This type of compensation is intended to penalize the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit After contacting an attorney for personal injury, a person must begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies may be included. Include documentation of property damage or income loss in your claim. If the parties cannot reach a settlement, the plaintiff's attorney may start an action against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant and request for an amount of money. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant will then have a certain amount of time to reply. In this process each side 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 assist in prepare for trial by arranging expert witnesses and obtaining evidence. They will also be able to assist in calculating damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company could accept, reject or counter-offer the offer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your recovery. The right attorney will be able to look through all the evidence available to confirm that your losses are compensated. They can also help you eliminate unnecessary expenses and help you to keep track of the funds you are entitled receive. New York law allows for every person to be compensated for their part of the blame if more than one party is accountable for an accident. A knowledgeable attorney can help with workers claims for compensation. Certain personal injury cases could require the use experts in fields such as economics, medicine, and engineering. Your lawyer will help you select an appropriate specialist to provide testimony and support your case. Based on the specifics of the case, it may be resolved outside of court or at trial.