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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages include the future and past medical costs and lost wages. Also covered are suffering and pain 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 file a lawsuit as soon as possible. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They stop claims from being filed after the deadline. These time limits can vary depending on the state and claim type and are usually subject to special or limited exemptions. In New York, for example when you want to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can help determine the time limit applicable to your case and ensure it is filed on time. Fargo injury lawyers with experience will examine your case to determine if there are extensions or waivers that might be possible. It is important to keep in mind that even if the statute of limitations has run out but you might still be able to make claims for compensation that relate to your injuries, like workers' compensation or Social Security disability benefits. However, it is best to speak an attorney about your case as soon as you can and so that they can provide you with all your options. In most instances, the statute of limitations begins to run from the date of the incident that led to your injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice the statute of limitations will not begin to run until you have realized or should have known that your injury was caused by the 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 behavior, the lawyers at Littman & Babiarz can help. Contact us today for your free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the person 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 pay for the losses you have suffered, such as medical bills as well as lost wages and discomfort and pain. Special damages can include funeral costs and emotional distress. If a loved one passed away due to a reckless act of another, you can also recover damages for the wrongful death. To hold the responsible party accountable for your injury, a court must establish four elements: duty, breach, damages and causation. To establish a duty the defendant must be under a legal obligation to be responsible in a particular situation. Failure to meet this obligation is called negligence. The injury you sustained is directly caused by a breach of this obligation. To be able to claim damages, the injury must have caused significant damage or injury. A car crash that results in an injury to the hand could cause significant medical expenses and most likely a loss of income. The injury was directly caused by the defendant's careless or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one as well as emotional stress you or your family have experienced. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to calculate the value of your pain and suffering. Keep a diary to document your pain levels throughout the day and how your injuries have affected you mentally as well as physically. This will help to support your claim. Insurance companies tend to undervalue these damages in order 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 if a judge or jury feels that the conduct of the defendant was particularly outrageous. These types of compensations are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, you must demonstrate to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case will be determined. If your case goes to trial the jury will determine how much they will award you for your losses and injuries. In many cases however, the parties will agree to settle their dispute outside of court. They are able to avoid the time and cost of the court trial. Additionally, it allows victims to recover their compensation earlier than should they wait for the trial process to conclude. The settlement for a personal injury includes both economic and other damages. The former includes costs like medical expenses loss of wages, property damage. The latter include aspects like pain and suffering and the loss of enjoyment of life. It isn't always easy to determine a dollar amount on these damages, but an experienced attorney can help you determine the worth of your injuries. Typically an insurance company will usually offer an agreement before your case goes to trial. They will examine the evidence you have amassed and determine how they will consider your claim. You might be required to submit an official letter of demand along with the evidence you have provided and an appropriate amount of compensation. You'll likely receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurer. If you have a valid legal claim, your settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In some cases, your settlement may also include a portion of any future treatment your doctor predicts 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 usually awarded to spouses and children who suffer due to the death of a loved one due to an accident caused by another person's negligence. You may also receive punitive damages if the defendant was found to be especially negligent. This kind of compensation is intended to penalize the defendant and to discourage others from engaging in reckless conduct. Filing an action After a person has spoken with a personal injury lawyer the next step is collecting evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Include evidence of damage to property or income loss in your claim. If the parties cannot reach a settlement, the plaintiff's attorney may start an action 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 issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant is then given the time to reply. In this stage, both parties will complete the discovery process, where they examine the claims and defenses of the other side. This could be a lengthy process and could require lots of documents. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They can also demand an equitable settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your recovery. A good lawyer will be able to go through all the evidence available to confirm that your losses are compensated. They can also assist you to cut out unnecessary expenses and keep track of the money you're entitled to. New York law allows for each person to be compensated for their part of the responsibility if more than one party is accountable for an accident. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to help your case. Based on the circumstances of a case, it could be resolved outside of court or in a trial.