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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. To receive full damages, it is important to record your losses in a meticulous manner. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages include your past and future medical expenses as well as lost wages. Also, it covers pain and suffering and loss of companionship. Statute of limitations If you've been injured by 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 that shield the parties from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations can differ depending on the state and the type of claim and are typically subject to special or limited exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries caused by a car accident the statutes of limitation are three years. For civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can assist you determine the time limit applicable to your case and ensure that it is filed in a timely manner. An experienced lawyer can analyze your case to determine if there are extensions or waivers that may be possible. You should be aware that even when your statute of limitation has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can provide you with the various options available. In the majority of instances, your statute of limitations starts to run from the date of the incident that caused your injury. However, in certain situations such as exposure to toxic substances or medical malpractice the statute of limitations will not start to run until you have realized or should have known that your injury was the result of a negligent act. This is called the discovery rule. There are some rare situations in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a skilled personal injury attorney to analyze. The attorneys at Littman & Babiarz can assist you if you have been injured by an unintentional act of another. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two groups of damages: general and special. Tuscaloosa injury attorney are designed to provide you with compensation for your losses such as medical expenses or lost wages, as well as discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one has died due to reckless behavior by another, you may be able to claim the cost of wrongful death. A court must establish four elements to determine who is responsible for the harm you suffered that result from a breach of duty, causation and damages. To establish the duty, the defendant must have the legal obligation to act responsibly in a specific situation. Negligence is the inability to fulfill this duty. A breach of this duty is a direct cause for the injury you suffered. The injury must have caused serious damage or serious harm to qualify for damages. For example an accident in a car that caused a broken arm could result in substantial medical expenses and possibly a loss of wages. The defendant's reckless or negligent actions directly led to the injury. The wrongful death claim may include funeral and burial costs for your loved one and emotional pain you or your family members have endured. Damages that are not financial are more difficult to calculate. Your attorney will use different methods to determine the worth of your pain. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically as well as physically. This can help you support your claim. Insurance companies often undervalue these damages in order to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the responsible party. These damages are only available if a judge or jury feels that the defendant's conduct was especially outrageous. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you must prove to your lawyer that the defendant acted with malice or wantonness, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case will be resolved. If your claim goes to trial the jury will determine how much they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of court. They are able to avoid the time and cost of an in-court trial. This allows victims to receive their compensation earlier than those who had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former covers expenses like medical costs, lost wage and property damage. The latter includes aspects like suffering and loss of enjoyment. It isn't always easy to put a monetary amount on these damages, however an experienced lawyer can assist you in determining the worth of your injuries. Typically an insurance company will usually offer an agreement before your case goes to trial. They will review the evidence you've gathered and determine what they feel your claim is worth. You might be required to submit an official letter of demand along with the evidence you have provided and an offer for a reasonable compensation amount. You will most likely receive a counter-offer by the insurer, which is usually less than what you asked for. Your attorney can then negotiate an equitable settlement with the insurance company. If you have an appropriate legal claim, your settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In certain cases the settlement could also include compensation for any future treatment your doctor estimates that 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 type of compensation is usually granted to children or spouses who have suffered because of the death of their loved ones due to an accident that was caused by someone else's negligence. Punitive damages can be awarded when the defendant is found to have been negligent. This type of payment is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After a person has spoken with an attorney for personal injuries, they should begin to gather documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Include evidence of damage to property or lost income in your claim. If the parties fail to reach an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will provide the claimant's version, describe the defendant's actions and ask for an amount of money. 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 is given a specific time frame in which to respond. During this stage each party will complete the discovery process, where they look into the defenses and claims of the other side. This can take a significant amount of time and likely require a lot of documents. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company could accept the offer, decline it, or offer a counteroffer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. A good lawyer will be able to look through all the evidence to confirm that your losses are being compensated. They can also help you reduce unnecessary expenses and track the amount you're entitled to. If more than one person is responsible for the accident, New York law allows each of them to recover the amount they owe. A skilled attorney can also assist in workers' compensation cases. Certain personal injury cases require the use of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating experts who can provide testimony to support your case. Based on the situation, some cases may go to trial while others will settle out of court.