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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. The process of documenting your losses is vital for obtaining full damages. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. Also covered are pain and suffering and loss of companionship. Statute of Limitations If you've been injured because of a negligent action or negligence it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions which protect parties against unnecessary litigation. They stop claims from being filed after the deadline. The time limitations vary by state and claim type and they are often subject to special or limited exceptions. For example in New York, if you would like to bring a lawsuit for injuries caused by an auto accident, the statute of limitations for these kinds of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help you determine the time limit that applies to your case and ensure it is filed on time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations that apply. It is important to keep in mind that even when the statute of limitations has run out, you may still be able to file other claims for compensation that relate to your injuries, such as workers compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so that they can provide you with all the options that are available. In the majority of instances, the statute of limitations starts to run from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the statute of limitation is not set until you are aware or could have realized that your injury was caused by a negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled” or suspended. These situations are highly factual and require an experienced personal injury lawyer to look into. If you have been hurt due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are designed to compensate you for your losses like medical bills, lost wages, and discomfort and pain. Special damages could include funeral expenses and emotional distress. If your loved one has died because of another's reckless behavior, you can also recover damages for wrongful death. A court must establish four elements to determine the party responsible for the harm you suffered that result from a breach of duty, causation, and damages. To establish a duty, the defendant must have an obligation under law to behave responsibly in a specific circumstance. Negligence is the inability to fulfill this obligation. The injury you sustained is directly caused by a violation of this duty. The injury must have caused serious damage or caused serious harm in order to be eligible for damages. For instance a car crash that caused a broken arm would have substantial medical costs and likely the loss of wages. The injury was caused directly by the defendant's careless or reckless actions. A claim for wrongful death could be a result of the funeral and burial costs for your loved one, as well as the emotional trauma that your family or you suffered. Muncie injury lawsuit -financial damage is more difficult to quantify. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a record of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In rare cases, your attorney can pursue punitive damages. These are intended to penalize the party who was negligent. These damages are only available if the judge or jury believes that the conduct of the defendant was particularly obscene. This type of compensation is usually granted in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your claim goes to trial, a jury will determine how much they will pay you for your injuries and losses. In a lot of cases parties, however to settle their claims outside of court. They can avoid the time and expense of the court trial. It also allows victims to collect their compensation sooner than if they waited for the trial to be completed. The settlement for personal injuries includes the economic as well as other damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment your life. It isn't always easy to determine a dollar amount on these losses, but an experienced attorney can assist you in determining the value 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 have collected and determine what they think your claim is worth. You may need to submit an offer letter, which is accompanied by your evidence and a request for the appropriate compensation amount. Most likely, you will receive a counter-offer from the insurer, which is typically lower than the amount you requested. Your attorney can then negotiate an equitable settlement with the insurance company. If you have a valid legal claim, your settlement will generally cover medical expenses as well as other out-of-pocket expenses due to the accident. In some instances, your settlement may also include compensation for any future treatment that your doctor predicts 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 kind of compensation is usually granted to spouses and children who suffer because of the loss of a loved one in an accident caused by another's negligence. Punitive damages can be awarded in the event that the defendant is determined to have been particularly negligent. This kind of payment is intended to punish the defendant, and deter others from engaging in reckless conduct. Filing an action Once someone has contacted a personal injury lawyer, they should begin collecting 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 are unable to reach an agreement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will outline the plaintiff's account of the events, explain how the defendant's actions harmed them, and request relief in the form of monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant is given a certain timeframe to respond. During this phase each party will complete the discovery process in which they examine the claims and defenses of the other. 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 will also be able to assist in the calculation of damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept the offer, decline it or make a counteroffer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your payout. A competent lawyer can go through all evidence available to ensure that you are being compensated for each loss. They can also weed out unnecessary expenses and assist you to keep track of the money you are entitled to receive. If more than one person is at fault for the accident, New York law allows each one to be compensated the amount they owe. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in fields such as economics, medicine and engineering. Your lawyer will assist you choose the right expert to testify in support of your case. Based on the situation, some cases may go to trial while others settle out of court.