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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. To receive full damages, it is important to document your losses carefully. Keep an eye on all medical expenses as well as out-of expenses out of pocket. 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've suffered injuries due to someone else's negligence or wrongful act, you must begin a lawsuit as quickly as you can. Statutes of limitations are legal limitations 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 are usually subject to special or limited exceptions. In New York, for example, if you wish to bring a lawsuit against injuries sustained in a car accident, the statutes of limitations are three years. For other civil actions involving negligence like medical malpractice and product liability, as well as 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 that the case is filed in time. A lawyer with experience can review your case to determine if there are extensions or waivers that might be available. It is important to be aware that even the time your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to speak with an attorney regarding your case as soon as you can and so that he or she can advise you of all options. In the majority of cases, the statute of limitations begins to run on the date of the incident that led to your injury. However, in certain situations like exposure to harmful substances or medical negligence, the statute of limitations does not start to run until you realize or ought to have realized that your injury was caused by the negligent action. This is known as the discovery rule. There are some rare situations in which the statute of limitations is “tolled” or suspended. These scenarios are factual and require an experienced personal injury lawyer to look into. The attorneys at Littman & Babiarz can help you if you have been injured due to another person's wrongful behavior. Contact us today to arrange a free consultation. Damages The goal of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two groups of damages: general and special. General damages are intended to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Special damages can include funeral costs as well as emotional distress. If a loved one died due to a reckless act of another you may also be able to recover damages for the wrongful death. To hold the responsible party accountable for your injury the court must establish four elements that include breach, duty, damages and causation. To establish a duty the defendant must be under a legal obligation to act responsibly in a specific circumstance. Negligence is the failure to meet this duty. A breach of this obligation is a direct cause for the injury you suffered. The injury must have caused serious damage or caused serious harm to qualify for damages. A car accident resulting in an injured hand could cause significant medical expenses and most likely a loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim could involve the funeral and burial expenses for your loved one, as well as the emotional trauma that your family or you experienced. Non-financial damages can be more difficult to calculate. Your attorney will use different methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your mental, physical and emotional well-being could aid in your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In some cases, your attorney can seek punitive damages, which are meant to punish the responsible party. These damages are only available if a judge or jury feels that the defendant's conduct was particularly obscene. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To get Cranston injury attorney , you need to prove to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or a conscious indifference towards the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be determined. If your claim is tried in court, a jury will decide the amount you're awarded for your losses and injuries. In many cases, however, parties agree to settle out of court. They are able to avoid the lengthy and cost of a court trial. It also allows victims to recover their compensation sooner than they would if they waited for the trial process to be completed. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical costs loss of wages, property damage. The latter includes aspects such as suffering, pain, and the loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer can help you determine the worth of your injuries. Typically an insurance company will usually offer a settlement before your case goes to trial. They will review the evidence you've collected and determine what they feel your claim is worth. You may be required to send a demand letter, which is accompanied by your evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer from the insurance company, which is usually lower than what you requested. Your attorney can then negotiate an equitable settlement with the insurance company. If you have an undisputed legal claim, the settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In certain cases, your settlement may also include compensation for any future treatment that your doctor predicts you will 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 granted to spouses and children who have suffered as a result of the loss of a loved one due to an accident caused by someone else's negligence. Punitive damages are possible if the defendant is found to have been particularly negligent. This kind of compensation is designed to penalize the defendant and deter others from engaging in similar reckless behavior. Filing an action After contacting an attorney for personal injuries, a person should begin accumulating evidence of their losses. Documents like medical records, police reports and insurance policies may be included. Documentation of lost income or property damage should also be included in the claim. If the parties fail to reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant and request 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 will then have a certain amount of time to reply. During this phase the parties will go through the discovery process, where they look into the claims and defenses of the other party. This can be a lengthy process and could require a great deal of documentation. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company may accept the offer, reject it or make a counteroffer. It is crucial to hire an attorney who is knowledgeable of the law in order to protect your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all of the evidence available to ensure that you are compensated for each loss. They can also weed out unnecessary expenses and help to keep track of the money you are entitled to receive. If more than one person is liable for the accident, New York law allows each one of them to claim for their share of responsibility. A knowledgeable attorney can assist in workers claims for compensation. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Depending on the situation, some cases may go to trial, while others settle out of court.