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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages include the future and past medical expenses and lost wages. It also covers the pain and suffering as well as loss of companionship. Statute of limitations If you've been injured due to someone else's negligence or wrongful act, you should start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. The time limitations can differ depending on the state and claim type and are typically subject to limited or special exemptions. For example in New York, if you want to file a lawsuit over injuries that result from an automobile accident the statute of limitation for these kinds of cases is three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitations applicable to your case and ensure that the case is filed in time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to keep in mind that even when the time limit has passed however, you may be able to file other claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. However, it is best to speak with an attorney about your case as soon as possible, so that he or she can inform you of all options. In the majority of instances, your statute of limitations begins to run from the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit is not set until you realize, or reasonably would have known that your injury is result of a negligent act. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. If Syracuse injury attorneys YouTube 've been injured by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages which are: general and specific. General damages are meant to compensate you for the losses associated with your injury, which includes medical bills, lost income and suffering and pain. Special damages could include funeral expenses and emotional distress. If your loved one passed away due to reckless behavior by another person, you could be able to claim the cost of wrongful death. A court must establish four factors to determine who is responsible for the harm you suffered such as breach of duty, causation, and damages. To establish a defendant's obligation, they must be legally bound to act responsibly in the given situation. Failure to meet this obligation is referred to as 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 crash that caused a broken arm would have substantial medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's careless or reckless actions. The wrongful death claim can include funeral and burial costs for your loved one, and emotional pain you or your family have suffered. Non-financial damages are more difficult to determine. Your attorney will employ different methods to determine the amount of your pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you mentally physical, emotionally, and physically. This will help prove your case. Insurance companies typically undervalue these damages to avoid paying more settlements. In rare cases you may be able to seek punitive damages to punish the responsible party. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, or malicious acts, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case is heard in court, a jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however to settle outside of court. They are able to avoid the lengthy and cost of a court trial. This means that victims can get their compensation sooner than the time they would have to wait for the trial to be completed. 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 includes aspects like pain and suffering and the loss of enjoyment. It isn't always easy to determine a dollar amount on these losses, but an experienced lawyer can help you determine the value of your injuries. Insurance companies will usually offer a settlement to settle your case prior to it goes to trial. They will examine the evidence you have collected and determine what they think your claim is worth. You may be required to submit a demand letter, which is accompanied by evidence and a request for an appropriate compensation amount. The insurer will likely make a counter-offer which is usually lower than your requested amount. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries. If you have an undisputed legal claim, your settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In some cases the settlement could also include a portion of any future treatment your doctor estimates that you'll require due to 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 typically given to children or spouses who have suffered due to the death of a loved one as a result an accident that was caused by the negligence of another. Punitive damages are possible when the defendant is found to have been particularly negligent. This kind of compensation is designed to punish the defendant, and deter others from engaging in reckless conduct. Filing an action After a person has spoken with an attorney for personal injuries the next step is collecting evidence of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties are unable to reach an agreement or agreement, the attorney representing the plaintiff can 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 seek relief in the form of financial compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant is given a specific timeframe to respond. During this stage each party will complete the discovery process in which they investigate the claims and defenses of the other party. This could be a lengthy process and could require a great deal of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They can also to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer. 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 the available evidence to verify that you're being compensated for every loss. They can also weed out unnecessary expenses and help you to keep track of all the funds you are entitled receive. If more than one person is liable for the accident, New York law allows each one to be compensated the amount they owe. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases might require the assistance of experts in areas like economics, medicine, or engineering. Your lawyer will assist you in selecting a specialist who can testify to help your case. Based on the facts of a case, it can be decided outside of court or in a trial.