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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are the cost of your past and future medical expenses and lost wages. Norwalk injury lawyer covers your suffering and pain as well as the loss of companionship. Statute of limitations If you've suffered injuries due to negligence or a negligent act, you must file a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. The time limitations vary by state and type of claim, and are usually subject to specific or limited exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries sustained in a car accident the statutes of limitation are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can help you determine the statute of limitations that applies to your particular case and ensure that the case is filed on time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to be aware that even when your statute of limitation has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to speak with an attorney regarding your case as soon as you can and so that he or she can inform you of all your options. In the majority of cases, the statute of limitations starts to run from the date of the incident which caused your injury. However, in certain situations, such as exposure to harmful substances or medical malpractice the statute of limitations will not start to run until you have realized or ought to have realized that your injury was caused by a negligent action. This is called the discovery rule. There are some rare situations where the statute of limitation is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury attorney to analyze. The attorneys at Littman & Babiarz can assist you if you have been injured due to an unintentional act of another. Contact us today for your free consultation. Damages The goal of a personal injury claim is to get financial compensation from the party accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for your losses like medical bills or lost wages, as well as pain and discomfort. Special damages can include funeral costs as well as emotional distress. If your loved one has died due to the reckless conduct of another you may also be entitled to wrongful death damages. A court must establish four elements in order to find the responsible party liable for your injury: duty, breach of duty, causation, and damages. To establish the duty the defendant must be under the legal obligation to be responsible in a specific circumstance. Negligence is the failure to meet this obligation. The injury you sustained is directly caused by a violation of this obligation. To qualify for damages the injury must have caused significant damage or injury. A car accident resulting in an injury to the hand could result in substantial medical costs, and most likely a loss of income. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one and emotional pain you or your family suffered. Non-financial damages are harder to calculate. Your attorney will employ different methods to determine the amount of your pain. Keep a journal to record your daily pain level as well as how your injuries have affected you mentally as well as physically. This can help you prove your case. Insurance companies tend to undervalue these damages to avoid paying higher settlements. In some cases, your attorney can pursue punitive damages. These are meant to punish the negligent party. These damages are only available when a judge or jury feels that the conduct of the defendant was particularly obscene. This type of compensation is usually awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. To receive these additional damages the lawyer must prove that the defendant was acting with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation you receive. If your claim goes to trial the jury will decide how much they will award you for your injuries and losses. In a lot of cases, however, parties agree to settle their claims outside of court. This allows them to avoid the time and expense of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be completed. The settlement for a personal injury includes the economic as well as other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include aspects like suffering and loss of enjoyment. It isn't always easy to determine a dollar amount on these damages, however an experienced attorney can assist you in determining the worth of your injuries. Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will review the evidence you've collected and determine what they feel your claim is worth. You may be required to submit an official demand letter that includes your evidence and a request for the appropriate compensation amount. You will most likely receive a counter-offer by the insurer, which is usually lower than the amount you requested. 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 as well as other out-of-pocket expenses due to the accident. In certain cases the settlement could also include a portion of any future treatment your doctor predicts you'll require as a result. 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 granted to spouses and children who have suffered due to the loss of a loved one during an accident caused by another's negligence. You could also be awarded punitive damages if the defendant was found to be especially negligent. This kind of payment is designed to punish the defendant and discourage others from engaging in similar reckless behaviors. Filing a Lawsuit After a person has spoken with a personal injury lawyer the next step is to gather documentation of their losses. Documents such as medical records, police reports, and insurance policies could be included. Documentation of lost income or property damage should also be included in the claim. If the parties are unable to reach a settlement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the defendant's actions harmed them, and request relief in the form of monetary compensation. A summons is also filed and handed over to the defendant. It is a notification that they are being accused of a crime. The defendant has a limited timeframe to respond. In this stage, both parties will complete the discovery process, where they look into the claims and defenses of the other side. This could take a considerable amount of time and will likely involve a lot of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They can also to assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company could 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 recovery. The right attorney can comb through all of the available evidence to verify that you're being paid for every loss. They can also help you eliminate unnecessary expenses and help to keep track of all the amount you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. An experienced attorney can assist in workers claims for compensation. Some personal injury cases require the use of experts in areas like economics, medicine and engineering. Your lawyer will assist you in selecting experts who can provide testimony to help your case. Depending on the circumstances, some cases may go to trial, while others settle out of court.