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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of all medical expenses and out-of expenses out of pocket. Economic damages cover the costs of your past and future medical expenses, as well as lost wages. Also covered are the pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations can differ according to the state and claim type and are usually subject to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit for injuries that result from a car crash, the statutes of limitations are three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you in determining the statute of limitations that applies to your case and ensure that it is filed on time. A lawyer with experience can review your case to determine if there are extensions or waivers that may be possible. It is important to know that even if 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 advised to consult with an attorney about your case as soon as you can, so that he or she can advise you of all options. In most cases, the statute of limitations starts to run on the date of the underlying incident which caused your injury. However, in certain circumstances such as exposure to harmful substances or medical malpractice, the statute of limitations does not start to run until you realize or should have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also some instances where the statute of limitations has been “tolled” or suspended, however these circumstances are extremely specific and should be examined by a knowledgeable personal injury lawyer. If you've suffered injury by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us to schedule an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two kinds of damages that are general and special. General damages are designed to pay for the losses you have suffered, such as medical bills or lost wages, as well as pain and discomfort. Funeral expenses and emotional distress may be included in special damages. If a loved one died due to the reckless conduct of another, you can also recover damages for the wrongful death. A court must establish four elements in order to find the responsible party liable for your injuries that result from a breach of duty, causation and damages. To establish a duty, the defendant must have the legal obligation to be responsible in a specific circumstance. A failure to fulfill this obligation is called negligence. The injury you sustained is directly caused by a violation of this obligation. The injury must have caused substantial damage or serious harm to be able to claim damages. For instance, a car accident that caused a broken arm would result in significant medical costs and likely an interruption in wages. The injury was directly caused due to the defendant's negligence or reckless actions. A wrongful death claim might be a result of the funeral and burial expenses for your loved one, as well as the emotional pain that you or your family suffered. Non-financial damages are more difficult to calculate. Your attorney will use different methods to calculate the worth of your suffering and pain. Keep a record of your pain levels throughout the day and how the injuries affected your mental, physical and emotional health can help support your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare cases, you can seek punitive damages to punish the responsible party. Atlanta injury lawyer are only available when the judge or jury believes that the conduct of the defendant was particularly obscene. This kind of compensation is usually granted in cases of drunk driving accidents, or malicious acts, and nursing home abuse. To get these additional damages, you need to show to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or an avowed indifference towards the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case is resolved. If your case goes to trial the jury will decide what to award you for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. This lets them save the time and money of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be concluded. The settlement for personal injuries includes damages that are both economic and non-economic. The former include costs like medical expenses, lost wages and property damage. The latter covers aspects like suffering, pain and the loss of enjoyment your life. Calculating a dollar value for these damages is usually difficult however an attorney can help you determine what your injuries are worth. Insurance companies usually offer a settlement to settle your case before it goes to trial. They will examine the evidence you have collected and determine how much they consider your claim. You may be required to file a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurance company will likely make a counter-offer which is often less than the amount you requested. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses as well as other out-of pocket expenses related to the accident. In some instances 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 granted to spouses and children who are suffering because of the loss of a loved one due to an accident caused by another's negligence. Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is intended to punish the defendant, and to discourage others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injuries, they should begin to collect evidence of their losses. Documents like medical records, police reports and insurance policies could be included. Documentation of lost income or property damage should also be included in an insurance claim. If the parties fail to come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can make a claim against the defendant. The complaint will detail the claimant's argument, outline the defendant's actions and ask for monetary compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being sued. The defendant has a limited time frame in which to respond. During this time each side will complete the discovery phase where each party investigates the defenses and claims of the other. This could be a lengthy process that may require lots of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company may accept or decline the offer it or make a counteroffer. It is crucial to hire an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. A competent lawyer can go through all the available evidence to verify that you are paid for every loss. They can also eliminate unnecessary expenses and help to keep track of all the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their part of the responsibility. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases may require the assistance of experts in areas like economics, medicine, and engineering. Your lawyer will help you select an expert who will be able to provide evidence to support your case. Depending on the specifics of a case, it can be decided outside of court or at trial.