How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. To be able to claim full damages, it's important to record your losses in a meticulous manner. Keep the track of all medical expenses and out-of pocket costs. Economic damages are the cost of your past and future medical expenses, as well as lost wages. It also covers your suffering and pain, as well as the loss of companionship. Statute of limitations If you have been injured due to another person's wrongful act or negligence, it is important that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal limitations that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations are different for each state and type of claim and they are often restricted to certain or specific exceptions. For example in New York, if you want to bring a lawsuit for injuries sustained in an automobile accident, the statute of limitations for these types of cases is three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can assist you in determining the statute of limitation applicable to your case and ensure that it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to remember that even if the statute of limitations has run out, you may still be able to file other claims for compensation related to your injuries, including workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney about your case as soon as you can to ensure that they can inform you of all options. In the majority of instances, the statute of limitations starts to run from the date of the incident that caused your injury. However, in certain situations such as exposure to toxic substances or medical negligence, the statute of limitations does not begin to run until you have realized or ought to have realized that your injury was caused by the 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 scenarios are factual and require a skilled personal injury attorney to analyze. The attorneys at Littman & Babiarz can help you if you have been injured by the negligence of another. Contact us to schedule an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party 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 designed to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Funeral expenses and emotional stress could be included in the special damages. If a loved one died because of another's reckless behavior you may also be entitled to damages for the wrongful death. A court must establish four factors to determine who is responsible for the harm you suffered that result from a breach of duty, causation, and damages. To establish a duty the defendant must be under the legal obligation to behave responsibly in a specific situation. In the event of a breach of this obligation is known as negligence. The injury you suffered was directly caused by a breach of this obligation. The injury must have caused substantial damage or serious injury to be able to claim damages. For example an accident in a car that resulted in a severed arm would result in significant medical costs and likely an interruption in wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim can include funeral and burial expenses for your loved one, and emotional pain you or your family have endured. Non-financial damages are harder to determine. Your attorney will use different methods to calculate the worth of your pain and suffering. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically physical, emotionally, and physically. This will help prove your case. Insurance companies often undervalue these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only granted when a jury or judge finds the defendant's behavior to be outrageous. These types of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. In order to receive these additional damages, you must show to your lawyer that the defendant acted with malice, willfulness, or oppression or an avowed indifference to the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your claim is tried in court, a jury will decide how much you are awarded for your injuries and losses. In many cases the parties will reach an agreement to settle out of court. They are able to avoid the lengthy and expense of the court trial. This also allows victims to collect their compensation sooner than if they waited for the trial process to conclude. A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses loss of wages, property damage. The latter includes aspects like suffering and pain, as well as the loss of enjoyment. Calculating a dollar value for these damages is often challenging however an attorney can help you determine what your injuries are worth. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will look over the evidence you have collected and determine what they think your claim is worth. You may have to file an offer letter, which is accompanied by evidence and a request for the appropriate compensation amount. The insurance company will likely make a counter-offer which is often less than the amount you requested. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, the settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In some instances, your settlement will also include compensation for any future treatments that your doctor believes you'll require because of 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 granted to children or spouses who suffered as a result of the loss of a loved ones due to an accident caused by negligence of someone else's. You could also be awarded punitive damages if you were found to be particularly negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in similar reckless behaviors. Filing an action Once someone has contacted a personal injury lawyer and has been advised to collect evidence of their losses. This may include documents like medical records, police reports and insurance policies. Include documentation of property damage or income loss in your claim. If the parties cannot reach a settlement the attorney for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's account of the events, explain how the actions of the defendant hurt them, and request relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant is given a specific time frame in which to respond. During this stage the parties will go through the discovery process, where they examine the claims and defenses of the other party. This could take a considerable amount of time, and will likely involve a lot of documents. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also demand a fair settlement from the insurance company. The insurance company can accept the offer, decline it, or offer a counteroffer. It is crucial to hire an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. A competent lawyer can go through all the available evidence to confirm that you are compensated for every loss. They can also eliminate unnecessary expenses and help you to keep track of the funds you are entitled receive. New York law allows for everyone to be compensated for their part of the responsibility in cases where more than one person is responsible for an accident. An experienced attorney can help with workers compensation cases. Certain personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will help you select an expert who can provide testimony to back your case. Depending on the circumstances of a case, it can be decided outside of court or in a trial.
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