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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. In order to receive the full amount of damages, it is important to document your losses carefully. Keep the track of the medical expenses and out of the pocket expenses. Economic damages are the cost of your past and future medical expenses, as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of limitations If you've suffered an injury due to another person's wrongful act or negligence, it is important that you act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal restrictions that protect the parties from unnecessary litigation by preventing claims filed after the deadline has passed. These limitations are different for each state and claim type and they are often subject to specific or limited exceptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. For civil actions that involve negligence like medical malpractice, product liability and wrongful death the statute of limitations is two years. A lawyer can assist you determine the time limit applicable to your case and ensure it is filed on time. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to note that even the statute of limitations has run out, you may still be able to make claims for compensation relating to your injuries, such as workers compensation or Social Security disability benefits. It is recommended to consult with an attorney about your case as soon as you can, so that they can provide you with the options available to you. In the majority of cases, your statute of limitations begins to run on the date of the incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice the statute of limitation does not begin until you recognize, or reasonably would have known that your injury was result of a negligent act. This is known as the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are designed to compensate you for your losses, such as medical bills, lost wages, and discomfort and pain. Special damages may include funeral costs and emotional stress. If a loved one passed away because of another's reckless behavior you may also be able to recover damages for the wrongful death. A court must establish four elements to determine the party responsible for your injury that result from a breach of duty, causation and damages. To establish a defendant's obligation, they must be legally bound to act responsibly in the specific situation. Negligence is the failure to meet this duty. The injury you sustained is directly caused by a breach of this obligation. The injury must have caused significant damage or serious injury to be able to claim damages. A car accident that causes a severed hand would result in substantial medical costs, and most likely the loss of income. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim could include funeral and burial expenses for your loved one, as well as emotional distress you or your family endured. Non-financial damage is more difficult to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a diary to document your daily pain level as well as how your injuries affect you mentally, physically, and emotionally. This will help to support your claim. Insurance companies often undervalue these damages in order to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the party who was negligent. The damages can only be granted when an arbitrator or jury determines the defendant's actions to be outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, as well as oppression or a conscious disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case is resolved. If your claim goes to trial, a jury will decide how much to award you for your injuries and losses. In many cases however the parties will agree to settle the matter outside of court. They can avoid the time and expense of the court trial. Additionally, it allows victims to collect their compensation earlier than should they wait for the trial to complete. A personal injury settlement includes both economic and non-economic damages. The former includes costs like medical expenses as well as lost wages and property damage. The latter includes aspects such as suffering and loss of enjoyment of life. Placing a monetary value on these damages is often challenging, but an attorney can help determine what your injuries are worth. Insurance companies usually offer settlements to settle your claim before it goes to trial. Shreveport injury lawyer will examine the evidence that you have gathered and determine how much they consider your claim. You may need to submit an official demand letter that is accompanied by your evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer from your insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have a valid claim, the settlement will cover your medical expenses and other out-of pocket expenses related to the accident. In certain instances your settlement could include compensation for any future treatments that your doctor believes you'll require 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 type of compensation is typically awarded to spouses and children who have suffered as a result of the loss of a loved one due to an accident caused by another person's negligence. Punitive damages are possible if the defendant is found to have been particularly negligent. This type of compensation is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing an action Once a person has contacted a personal injury lawyer the next step is to gather documentation of their losses. This can include documents such as medical records, police reports and insurance policies. Include evidence of damage to property or income loss in your claim. If the parties are unable to reach an agreement or agreement, the attorney representing the plaintiff can file a lawsuit against the defendant. The complaint will outline the claimant's version of events, describe how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons is also issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a specific timeframe to respond. During this time, both sides will complete the discovery phase where each party investigates the other's claims and defenses. This could be a lengthy process and could require a great deal of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer. It is essential to hire an experienced lawyer who can protect your rights and maximize your compensation. An experienced lawyer will comb through all evidence available to ensure that you are paid for every loss. They can also eliminate unnecessary expenses and assist you to keep track of the amount you are entitled to receive. New York law allows for every person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Based on the facts of a case, it can be decided out-of-court or at trial.