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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. In order to receive the full amount of damages, it's important to document your losses carefully. Keep the track of all medical expenses and out-of the pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. Also, it covers the pain and suffering and loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you must file a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations of time can differ according to the state and the type of claim and are usually subject to limited or special exemptions. For instance in New York, if you would like to bring a lawsuit for injuries caused by an auto accident, the statute of limitations for these cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can help you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should 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 as well as Social Security disability benefits. However, it is advised to consult an attorney about your situation as soon as you can to ensure that he or she can inform you of all your options. In the majority of cases, your statute of limitations starts to run on the date of the underlying incident which caused your injury. However, in certain situations such as exposure to toxic substances or medical negligence, the statute of limitations will not start to run until you realize or should have known that your injury was caused by a negligent action. This is referred to as the discovery rule. There are also exceptional situations where the statute of limitations is “tolled” or suspended, however these circumstances are extremely specific and should be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to another person's wrongful behavior. Contact us today for your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the party responsible for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages which are: general and specific. General damages are meant to compensate you for the losses associated with your injury, including medical expenses, lost income and pain and suffering. Funeral expenses and emotional distress could be included in the special damages. If your loved one has died due to reckless conduct by a third party, you could be able to recover damages for wrongful death. A court must establish four factors to find the responsible party liable for your injuries: duty, breach of duty, causation, and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a specific situation. In the event of a breach of this obligation is referred to as negligence. A breach of this obligation is the direct cause of the injury you suffered. The injury must have caused significant damage or serious injury in order to be eligible for damages. For instance an accident in a car that caused a broken arm could result in substantial medical costs and likely the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim might involve the funeral and burial expenses for your loved one as well as emotional trauma that your family or you felt. Damages that are not financial are more difficult to quantify. Your attorney will employ different 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 as well as physically. This can help you support your claim. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In rare cases the attorney may pursue punitive damages, which are designed to punish the responsible party. Portland injury lawyer can only be awarded when an arbitrator or jury determines the defendant's actions to be particularly outrageous. These kinds of compensation are usually awarded in instances 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 with malice, willful or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case will be resolved. If your claim goes to trial, a jury will decide what they will pay you for your injuries and losses. In many cases however the parties will agree to settle their dispute outside of court. This lets them avoid the time and expense of a trial. It also allows victims to collect their compensation sooner than they would if they waited for the trial to conclude. The settlement for personal injuries includes the economic as well as other damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects like suffering, pain, and the loss of enjoyment your life. It isn't always easy to put a monetary amount on these losses, but an experienced attorney can help you determine the worth of your injuries. Typically, an insurance company will typically offer a settlement prior to the case goes to trial. They will review 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 offer for a reasonable compensation amount. Most likely, you will receive a counter-offer by the insurer, which is usually less than what you asked for. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an appropriate legal claim, your settlement will typically cover your medical bills and other out-of-pocket expenses related to the accident. In some instances, your settlement may also include compensation for any future treatment your doctor believes 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 awarded to spouses and children who are suffering because of the loss of a loved one during an accident caused by another person's negligence. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This type of payment is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit After contacting a personal injury attorney one should begin collecting documentation of their losses. Documents like medical records, police reports, and insurance policies may be included. Documentation of loss of income or property damage should be included in an insurance claim. If the parties are unable to reach a settlement, the plaintiff's lawyer may file a suit against the defendant. The complaint will detail 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 will also be filed and personally served on the defendant, which is a notification that they are being sued. The defendant then has an appropriate amount of time to respond. During this phase, both parties will complete the discovery process, where they investigate the claims and defenses of the other party. 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 will also be able to assist in calculating damages. They can also demand an appropriate settlement from the insurance company. The insurance company can accept the offer, reject it or make a counteroffer. It is crucial to have an experienced lawyer who can protect your rights and maximize your recovery. An experienced attorney will be able to look through all the evidence to confirm that your losses are compensated. They can also eliminate unnecessary expenses and help you to keep track of all 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 part of the responsibility. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases may require the assistance of experts in fields such as economics, medicine, and engineering. Your lawyer will help you select a specialist who can provide testimony to help your case. Based on the facts of a case, it could be decided outside of court or at trial.