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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. To receive full damages, it is important to document your losses carefully. Keep an eye on the medical expenses and out of pocket costs. Economic damages include the future and past medical expenses and lost wages. Also, it covers your suffering and pain as well as the loss of companionship. Statute of Limitations If you've been injured by a negligent action or negligence It is crucial that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal restrictions that shield parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These limitations are different for each state and type of claim and they are often subject to specific or limited exceptions. For instance, in New York, if you want to file a lawsuit over injuries that result from an automobile accident the statute of limitation for these types of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. A lawyer can help determine the statute of limitation applicable to your case and ensure that it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to be aware that even if your statute of limitations has expired you may still have other claims for compensation relating to your injuries. Albany injury lawyer includes workers' compensation and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can advise you of the various options that are available. In the majority of cases, the statute of limitations begins to run from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice the time limit does not begin until you realize, or reasonably would have known that your injury was result of a negligent act. This is called the discovery rule. There are also exceptional situations where the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent personal injury lawyer. If you have been hurt due to someone else's wrongful behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal 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 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 bills, lost income, and suffering and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one passed away because of reckless behavior by another person, you could be able to claim wrongful death damage. A court must establish four factors to determine the party responsible for your injury such as breach of duty, causation and damages. To establish a defendant's duty, they must be legally bound to behave responsibly in the given circumstance. A failure to fulfill this obligation is called negligence. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused significant 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 directly caused by the defendant's negligent or reckless actions. A wrongful death claim could include funeral and burial expenses for your loved one, as well as the emotional pain that your family or you experienced. Non-financial damages are harder to determine. Your lawyer will employ various methods to calculate the value of your suffering and pain. Keep a diary to document your daily pain level and how your injuries affect you mentally physical, emotionally, and physically. This will help support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare instances your lawyer can pursue punitive damages. These are meant to penalize the party who was negligent. These damages are only awarded if an arbitrator or jury determines the defendant's behavior to be particularly outrageous. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd, fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your claim is tried, a jury will determine the amount you're awarded for your injuries and losses. In many cases parties, however to settle out of the courtroom. They are able to avoid the time and expense of an in-court trial. Additionally, it allows victims to receive their compensation sooner than have if they waited 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 like pain, suffering and the loss of enjoyment your life. It isn't always easy to determine a dollar amount on these losses, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will offer a settlement before your case goes to trial. They will review the evidence you've gathered and determine how much they consider your claim. You may be required to send a demand letter, which is accompanied by your evidence and a request for the appropriate compensation amount. The insurance company will likely make a counter-offer that is typically lower than the amount you request. Your lawyer can negotiate an equitable settlement with the insurance company. If you have a valid legal claim, your settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In some cases your settlement could include compensation for any future treatment that your doctor estimates that you'll 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 kind of compensation is usually given to children and spouses who are suffering because of the death of a loved one during an accident caused by someone else's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been particularly negligent. This kind of payment is designed to penalize the defendant and discourage others from engaging in similar reckless behaviors. Filing an action After making contact with an attorney for personal injury one should begin accumulating evidence of their losses. This can 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 cannot agree on a settlement or agreement, the attorney representing the plaintiff can 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 ask for relief in the form monetary compensation. A summons is also filed and personally served to the defendant, which is a notification that they are being sued. The defendant will then have an appropriate amount of time to reply. During this process both sides will go through the discovery phase, where each party investigates the defenses and claims of the other. This can take a significant amount of time and likely involve a lot of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company may accept the offer, reject it, or offer a counteroffer. It is crucial to hire an attorney who knows the law in order to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all available evidence to verify that you're being paid for every loss. They can also assist you to cut out unnecessary expenses and keep track of the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in areas like economics, medicine and engineering. Your lawyer can assist you in locating an expert who can testify to help your case. Based on the facts of a case, it could be decided out-of-court or in a trial.