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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. It is crucial to document your losses to receiving full damages. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages include the costs of your past and future medical expenses, as well as lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've been injured by someone else's negligence or wrongful act, you should start a lawsuit as soon as you can. Statutes of limitation are legal time limitations that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These time limits vary by state and type of claim and they are often subject to specific or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence, such as medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to note that even when the time limit has passed but you might still be able to make claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to speak with an attorney regarding your situation as soon as you can and so that they can advise you of all options. In most cases, your statute of limitations starts to expire on the date of the incident that caused your injury. However, in some situations like exposure to harmful substances or medical negligence, the statute of limitations will not start to run until you realize or ought to have realized that your injury was caused by a negligent act. This is known as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These scenarios are factual and require an experienced personal injury lawyer to look into. If you've suffered injury due to someone else's wrongful conduct, the attorneys at Littman & Babiarz can help. Contact us to schedule an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the party who is 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 intended to compensate you for expenses resulting from your injury, which includes medical expenses, lost income and suffering and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one passed away due to reckless behavior by a third party, you could be able to claim damages for wrongful death. A court must establish four factors to find the responsible party liable for the harm you suffered such as breach of duty, causation and damages. To establish a defendant's duty to act responsibly, they must be legally bound to behave responsibly in the given circumstance. Negligence is the inability to fulfill this duty. A breach of this obligation is a direct cause for the injury you sustained. To be able to claim damages, the injury must have caused serious damage or injury. A car accident that causes a severed hand would cause significant medical expenses, and most likely loss of income. The injury was directly caused by the defendant's negligent or reckless actions. A wrongful death claim could be a result of the funeral and burial costs for your loved one as well as emotional trauma that you or your family experienced. Tulsa injury lawyer that are not financial are more difficult to calculate. Your attorney will use a variety of methods to determine the value of your pain and suffering. Keeping a journal of your pain levels throughout the day and how the injuries affected your mental, physical, and emotional well-being can aid in your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements. In rare instances your lawyer can pursue punitive damages, which are designed to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's behavior was especially outrageous. This type of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To get these additional damages, you must prove to your lawyer that the defendant acted with willful or malicious intent, 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 you receive. If your claim is tried by a jury, the jury will decide the amount you will be awarded for your losses and injuries. In many cases however the parties will reach an agreement to settle their dispute outside of court. This lets them avoid the time and expense of a trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects like pain and suffering and the loss of enjoyment. It isn't always easy to determine a dollar amount on these losses, but an experienced attorney can help you determine the value of your injuries. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will review the evidence you've collected and determine what they think your claim is worth. You may have to send an offer letter, which is accompanied by evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer from your insurer, which is usually lower than the amount you requested. Your attorney will then negotiate an equitable settlement with the insurance company. If you have an appropriate claim the settlement will pay the cost of your medical treatment and other out-of pocket expenses related to your accident. In certain cases the settlement could also include a portion of any future treatment your doctor believes 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 given to children or spouses who have suffered because of the death of a loved ones due to an accident caused by someone else's negligence. You could also be awarded punitive damages if you were found to be especially negligent. This kind of compensation is intended to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing an action Once someone has contacted an attorney for personal injury the next step is collecting evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties are unable to reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant and request for the amount of compensation. A summons is also filed and delivered to the defendant. This is a notice that they are being accused of a crime. The defendant will then have a certain amount of time to respond. During this process each side will complete the discovery phase, where each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely require a lot of documentation. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company may accept, reject or counter-offer the offer. It is essential to have an attorney who is familiar with the law to safeguard your rights and maximize your recovery. The right attorney can go through all the evidence available to verify that your losses are being compensated. They can also eliminate unnecessary expenses and help to keep track of all the funds you are entitled receive. New York law allows for every person to be compensated for their part of the responsibility in cases where more than one party is responsible for an accident. An experienced attorney can assist in workers compensation cases. Certain personal injury cases could require experts from areas like economics, medicine, and engineering. Your lawyer will assist you in selecting a specialist who will be able to provide evidence to help your case. Based on the specifics of a case, it may be decided outside of court or in a trial.