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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages cover the cost of your past and future medical expenses as well as lost wages. Also, it covers suffering and pain and loss of companionship. Durham injury lawyer of Limitations If you've been injured by negligence or a negligent act, you must begin a lawsuit as quickly as you can. Statutes of limitations are legal restrictions that shield individuals from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations are different for each state and type of claim, and they are often restricted to certain or specific exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident, the statutes of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can assist you determine the statute of limitations applicable to your case and ensure that it is filed on time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that may be possible. It is important to know that even the time your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to speak with an attorney about your case as soon as possible to ensure that he or she can provide you with all your options. In most instances, the 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 malpractice, the statute of limitations will not begin to run until you realize or should have known that your injury was caused by the negligent act. This is called the discovery rule. There are also a few rare circumstances when the statute of limitations has been “tolled” or suspended, but these cases are extremely specific and should be assessed by a competent personal injury lawyer. Our lawyers at Littman & Babarz can assist you if were injured as a result of another person's wrongful behavior. Contact us to schedule an appointment for a no-cost consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are meant to compensate you for the costs resulting from your injury, which includes medical expenses, lost income and pain and suffering. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one has died due to a reckless act of another you may also be entitled to damages for wrongful death. A court must establish four elements in order to find the responsible party liable for your injury that result from a breach of duty, causation, and damages. To establish the duty of a defendant to be legally bound to behave responsibly in the given circumstance. Negligence is the inability to fulfill this obligation. A breach of this obligation is the direct cause of the injury you suffered. To be eligible for damages the injury must have caused serious harm or significant damage. A car crash that results in an injured hand could result in significant medical expenses and, most likely, the loss of income. 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, as well as emotional distress you or your family have endured. Damages that are not financial are more difficult to quantify. Your lawyer will employ different methods to calculate the value of your pain and suffering. Keep a journal to record your daily pain level as well as how your injuries have affected you physically physical, emotionally, and physically. This will help support your claim. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. The damages can only be granted when a jury or judge finds the defendant's behavior to be particularly outrageous. These types of compensation are usually awarded in instances of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant was acting with malice, willful or fraud, as well as oppression or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case is resolved. If your claim is tried in court, a jury will decide the amount you will be awarded for your injuries and losses. In many cases, however, parties agree to settle outside of court. They are able to avoid the time and expense of the court trial. It also allows victims to receive their compensation sooner than if they waited for the trial process to complete. The settlement for a personal injury includes the economic as well as other damages. The former covers expenses like medical costs as well as lost wages and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment of your life. Calculating a dollar value for these damages is usually difficult, but an attorney can help you determine what your injuries are worth. Insurance companies will usually offer an agreement to settle your case before it goes to trial. They will examine the evidence you've gathered and determine what they think your claim is worth. You may be required to submit a letter of demand, along with your evidence and an offer for a reasonable compensation amount. The insurer will likely send you a counter-offer, that is typically less than the amount you requested. Your lawyer can negotiate a fair settlement with the insurance company. If you have a valid claim the settlement will cover your medical expenses and other expenses out of pocket related to your accident. In some cases the settlement may also include compensation for future treatment that your doctor estimates you'll require as a result 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 awarded to spouses and children who have suffered as a result of the loss of a loved one during an accident caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be particularly negligent. This type of compensation is intended to punish the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit After contacting an attorney for personal injury one should begin collecting documentation of their losses. This may include documents like medical records as well as police reports and insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties are unable to reach an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant and request for the amount of compensation. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being sued. The defendant then has an appropriate amount of time to respond. During this stage the parties will go through the discovery process where they investigate the defenses and claims of the other party. This could be a lengthy process that may require an extensive amount of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They are also able to assist in calculating damages. They may also request an appropriate settlement from the insurance company. The insurance company could accept, reject or counter-offer the offer. It is important to have an experienced lawyer to protect your rights and maximize your compensation. The right attorney will be able to look through all the evidence to verify that your losses are compensated. They can also assist you to cut out unnecessary expenses and track the money you're entitled to. New York law allows for every person to be compensated for their share of the responsibility in cases where more than one party is responsible for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation. Certain personal injury cases could require the use experts in fields like economics, medicine, or engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Depending on the specifics of the case, it can be decided out-of-court or in a trial.