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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. It is crucial to document your losses to receiving full damages. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages are a result of your future and past medical costs and lost wages. It also covers pain and suffering as well as loss of companionship. Statute of limitations If you've suffered an injury because of a negligent act or negligence, it is important to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal limitations that protect the parties from unnecessary litigation by preventing claims filed after the deadline has expired. The time limitations can differ according to the state and the type of claim and are typically subject to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries that result from a car crash the statute of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help determine the statute of limitation that applies to your particular case, and ensure that it is filed in time. Joliet injury lawsuit with experience can analyze your case to determine if there are extensions or waivers that might be available. You should be aware that even if your statute of limitations has expired you may still have other claims for compensation related 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 that are available. In most instances, the statute of limitations will run from the date of the incident that caused you injury. However, in certain situations such as exposure to harmful substances or medical negligence, the statute of limitations will not begin to run until you have realized or ought to have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also a few rare circumstances when the statute of limitations has been “tolled” or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. The attorneys at Littman & Babiarz can help you if you have been injured by an unintentional act of another. Contact us today to set up your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term for this is “damages.” There are two kinds of damages which are: general and specific. General damages are designed to compensate you for the losses associated with your injury, including medical bills, lost income, and pain and suffering. Funeral costs and emotional distress may be included in special damages. If your loved one has died due to reckless conduct by a third party, you could be able recover the cost of wrongful death. A court must establish four factors to find the responsible party liable for your injuries such as breach of duty, causation, and damages. To establish a defendant's obligation to be legally bound to act responsibly in the specific situation. Negligence is the failure to meet this obligation. The injury you suffered was directly caused by a violation of this obligation. To be eligible for damages the injury must have caused serious harm or significant damage. For instance an accident in a car which resulted in a fractured arm would result in significant medical costs and likely a loss of wages. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim could involve the funeral and burial costs of your loved one as well as emotional pain that you or your family suffered. Non-financial damages can be more difficult to determine. Your attorney will employ different methods to calculate the worth of your suffering and pain. Keep a journal to record your daily pain level and how your injuries have affected you physically, physically, and emotionally. This can help you support your claim. Insurance companies typically undervalue these damages to avoid paying higher settlements. In rare cases, your attorney can pursue punitive damages, which are intended to penalize the party who was negligent. These damages are only available if a judge or jury feels that the defendant's conduct was particularly outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression or an avowed indifference to the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case is resolved. If your case goes to trial the jury will decide what they will pay you for your losses and injuries. In many cases, however, parties agree to settle their claims outside of court. They can avoid the time and expense of an in-court trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects like suffering and loss of enjoyment of life. It can be difficult to quantify the value on these losses, but an experienced attorney can help you determine the worth of your injuries. Insurance companies usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence you've collected and determine what they think your claim is worth. You might be required to submit an order letter, along with the evidence you have provided and a request for a suitable compensation amount. The insurer will likely send you a counter-offer, which is often less than the amount you requested. Your lawyer can negotiate an equitable settlement with the insurance company. If you have an appropriate claim the settlement will pay your medical expenses and other out-of-pocket expenses due to the accident. In some cases the settlement may also include compensation for future treatment that your doctor predicts you'll require because of your injury. 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 suffered as a result of the loss of a loved one as a result an accident that was caused by negligence of someone else's. You could also be awarded punitive damages if the defendant is found to be especially negligent. This type of compensation is designed to punish the defendant and discourage others from engaging in reckless behavior. Filing an action Once a person has contacted a personal injury lawyer and has been advised to gather documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of loss of income or property damage should be included in the 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 argument, outline the actions of the defendant and request for monetary compensation. A summons will also be filed and personally served on the defendant, which is a notification that they are being sued. The defendant is given a certain time frame in which to respond. During this time both sides will go through the discovery phase, where each party investigates the other's claims and defenses. This could take a considerable amount of time and likely require a significant amount of documents. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company may accept the offer, decline it, or counter-offer. It is essential to hire an experienced lawyer to protect your rights and maximize your recovery. A good lawyer can go through all the evidence to ensure that your losses are being compensated. They can also eliminate unnecessary expenses and help you to keep track of all the money you are entitled to receive. If more than one person is liable for the accident, New York law allows each of them to recover for their part of the responsibility. 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 will help you choose a qualified expert to provide testimony and support your case. Depending on the facts of the case, it can be decided out-of-court or in a trial.