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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims receive fair compensation. In order to receive the full amount of damages, it is important to record your losses in a meticulous manner. Keep track of all medical expenses as well as out-of the pocket expenses. Economic damages cover the cost of your past and future medical expenses as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured by a negligent act or negligence it is imperative that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ according to the state and the type of claim, and are often subjected to special or limited exemptions. For instance, in New York, if you would like to bring a lawsuit for injuries that result from an auto accident, the statute of limitations for these kinds of cases is three years. For civil actions that involve negligence such as medical negligence, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to remember that even the time limit has passed, you may still be able to make claims for compensation that relate to your injuries, like workers compensation or Social Security disability benefits. However, it is best to speak an attorney about your case as soon as possible, so that he or she can provide you with all options. In the majority of instances, your statute of limitations will expire on the date of the incident that caused your injury. However, in certain situations like exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you realize or ought to have realized that your injury was the result of a 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 a skilled personal injury lawyer to look into. If you've been injured because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for costs resulting from your injury, including medical expenses, lost income and pain and suffering. Special damages can include funeral expenses and emotional distress. If your loved one died due to reckless behavior by a third party, you could be able to claim damages for wrongful death. A court must establish four elements to find the responsible party liable for the harm you suffered such as breach of duty, causation, and damages. To establish the duty of a defendant to act responsibly, they must be legally bound to act responsibly in the specific situation. Iowa City is the failure to perform this duty. A breach of this duty is a direct cause for the injury you sustained. The injury must have caused serious damage or serious harm in order to be eligible for damages. A car accident resulting in an injured hand could result in significant medical expenses and most likely loss of income. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim could involve the funeral and burial expenses for your loved one and emotional pain that your family or you experienced. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the worth of your pain. Keep a diary to document your pain levels throughout the day and how your injuries have affected you mentally physical, emotionally, and physically. This can help you to support your claim. 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. 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 typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To receive these additional damages, your lawyer must prove that the defendant was acting with malice, wantonness, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation that you will receive. If your case goes to trial, a jury will determine how much they will award you for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. They can avoid the time and expense of an in-court trial. Additionally, it allows victims to recover their compensation earlier than if they waited for the trial process to complete. The settlement for personal injuries includes both economic and other damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain and loss of enjoyment of your life. It can be difficult to put a monetary amount on these damages, however an experienced attorney can help you determine the worth of your injuries. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will examine the evidence you've gathered and determine how much they will consider your claim. You may be required to submit an order letter, along with the evidence you have provided and an appropriate amount of compensation. You will most likely receive a counter-offer from your insurer, which is usually lower than what you requested. Your lawyer can negotiate an acceptable settlement with the insurer. If you have a valid claim, the settlement will cover your medical expenses as well as other expenses out of pocket due to your accident. In some instances, your settlement will also include a portion of the future treatment that your doctor estimates you will need 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 kind of compensation is typically awarded to spouses or children who suffered as a result of the death of their loved ones due to an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant is found to be negligent in particular. This type of compensation is designed to punish the defendant and prevent others from engaging in similar reckless behaviors. Filing an action After making contact with an attorney for personal injury the client should begin collecting documentation of their losses. Documents such as medical records, police reports and insurance policies may be included. Include documentation of damage to your property or lost income in your claim. If the parties fail to reach a settlement 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 outline the plaintiff's account of the events, explain how the actions of the defendant harmed them, and request relief in the form of financial compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being accused of a crime. The defendant is then given the time to reply. During this phase each party will complete the discovery process where they look into the defenses and claims of the other side. This can take a significant amount of time and likely require a lot of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also assist in calculating damages. They can also make a demand to the insurance company for a fair settlement. The insurance company may accept the offer, reject it, or counter-offer. It is important to have an experienced lawyer who can ensure your rights are protected and maximize your compensation. An experienced lawyer will comb through all available evidence to confirm that you are compensated for each loss. They can also help you cut out unnecessary costs and track the amount you're entitled to. New York law allows for everyone to be compensated for their share of the responsibility if more than one party is responsible for an accident. A knowledgeable attorney can assist with workers compensation cases. Some personal injury cases may require the use experts in areas like medicine, economics, and engineering. Your lawyer will assist you choose a qualified expert to provide testimony and support your case. Based on the situation, some cases could go to trial, while others will settle out of the court.