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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. To receive full damages, it is essential to keep track of your losses meticulously. Keep an eye on all medical expenses and out-of expenses out of pocket. Economic damages include the costs of your past and future medical expenses and lost wages. Also, it covers pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to another person's wrongful action or negligence It is crucial to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has expired. These time limits can vary depending on the state and claim type and are typically subject to special or limited exemptions. In New York, for example when you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can help you determine the statute of limitations applicable to your case and ensure that the case is filed on time. Baton Rouge injury lawyers You Tube with experience can analyze your case to determine if there are any extensions or waivers that may be possible. It is important to keep in mind that even when the statute of limitations has expired, you may still be able to file additional claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so they can provide you with the options that are available. In most cases, the statute of limitations begins to run from the date of the underlying incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice, the limitation period is not set until you recognize, or reasonably would have known that your injury was result of a negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled”, or suspended. These cases are factual and require an experienced personal injury lawyer to look into. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule a free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two types of damages which are: general and specific. General damages are meant to compensate you for the expenses resulting from your injury, which includes medical expenses, lost income and suffering and pain. Special damages could include funeral costs and emotional distress. If your loved one has died because of reckless behavior by another, you may be able recover damages for wrongful death. A court must establish four elements to determine the party responsible for the harm you suffered such as breach of duty, causation, and damages. To establish a defendant's duty to be legally bound to behave responsibly in the particular circumstance. Negligence is the failure to perform this duty. A breach of this duty is the direct cause of the injury you sustained. To qualify for damages, the injury must have caused serious damage or injury. A car crash that results in an injury to the hand could result in substantial medical costs and most likely the loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. A wrongful death claim could involve the funeral and burial costs of your loved one as well as emotional distress that you or your family suffered. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to determine the value of your pain and suffering. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can help support your claim for these damages. Insurance companies typically undervalue these damages to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the party who was negligent. These damages are only awarded when a jury or judge finds the defendant's actions to be particularly obscene. This type of compensation is usually awarded in cases of drunk driving accidents, or malicious acts, and nursing home abuse. In order to receive these additional damages, you must prove to your lawyer that the defendant's actions were motivated by malice or wantonness, fraud or oppression or an avowed indifference to the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case goes to trial the jury will decide how much to award you for your losses and injuries. In many cases the parties will reach an agreement to settle their dispute outside of court. They are able to avoid the lengthy and expense of an in-court trial. This means that victims can get their compensation sooner than those who had to wait for the trial to conclude. A personal injury settlement covers both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment of your life. The process of determining a value for these damages can be difficult, but an attorney can help determine what your injuries are worth. Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will examine the evidence you've amassed and determine how they value your claim. You may be required to submit an official letter of demand together with evidence and an offer for a reasonable compensation amount. Most likely, you will receive a counter-offer by the insurer, which is typically less than what you asked for. Your attorney will then negotiate an acceptable settlement with the insurer. If you have an appropriate claim the settlement will cover your medical expenses as well as other expenses out of pocket associated with your accident. In certain cases, your settlement may also include compensation for any future treatment 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 type of compensation is usually granted to children or spouses 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 may be awarded if the defendant is found to have been negligent. This type of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing an action Once someone has contacted a personal injury lawyer the next step is collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Documentation of lost income or property damage should also be included in the claim. If the parties cannot agree on an agreement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will detail the claimant's account, explain the defendant's actions and ask for the amount of compensation. A summons is also filed and personally served to the defendant as a notice that they are being sued. The defendant is given a specific timeframe to respond. In this phase the parties will go through the discovery process, where they look into the defenses and claims of the other side. This could be a lengthy process and could require a great deal of documentation. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also demand an equitable settlement from the insurance company. The insurance company can accept, decline or counter-offer the offer. It is crucial to hire an attorney who is knowledgeable of the law to safeguard 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 being compensated. They can also assist you to eliminate unnecessary expenses and keep track of the amount you're entitled to. If more than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. A skilled attorney can also assist in workers claims for compensation. Some personal injury cases require the assistance of experts in areas like economics, medicine and engineering. Your lawyer will help you choose a qualified expert to testify and help support your case. Based on the facts of a case, it could be resolved outside of court or at trial.