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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. The process of documenting your losses is vital to receive the full amount of damages. Keep Madison injury lawsuits of the medical expenses and out of pocket costs. Economic damages cover the cost of your current and future medical expenses as well as lost wages. It also covers suffering and pain as well as loss of companionship. Statute of limitations If you've suffered an injury by a negligent negligence or action it is imperative to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitation are legal time limits that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. These time limits can vary depending on the state of origin and claim type and are usually subject to limited or special exemptions. For example, in New York, if you would like to file a lawsuit relating to injuries that result from an auto accident the statute of limitations for these kinds of cases is three years. For other civil actions that involve negligence like medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your case and ensure it is filed in a timely manner. A lawyer with experience can review your case to determine if there are any extensions or waivers that may be available. It is important to keep in mind that even when the statute of limitations has run out however, you may be able to file additional claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. However, it is advised to consult with an attorney about your situation as soon as you can and so that they can inform you of the options available to you. In the majority of cases, the statute of limitations begins to run on the date of the incident that led to your injury. However, in some situations such as exposure to toxic substances or medical malpractice the statute of limitations does not start 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 a few rare instances in which the statute of limitations is “tolled” or suspended. These scenarios are factual and require an experienced personal injury lawyer to evaluate. The attorneys at Littman & Babiarz can assist you if have been injured by the negligence of another. Contact us for an appointment for a free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are meant to compensate you for the expenses resulting from your injury, such as medical bills, lost income and suffering and pain. Funeral expenses and emotional stress could be included in the special damages. If your loved one passed away due to reckless conduct by another, you may be able recover damages for wrongful death. A court must establish four factors to determine the party responsible for the harm you suffered such as breach of duty, causation, and damages. To establish the duty the defendant must be under a legal obligation to behave responsibly in a specific circumstance. A failure to fulfill this obligation is known as negligence. The injury you suffered is directly caused by a violation of this duty. The injury must have caused serious damage or serious injury to qualify for damages. For instance an accident in a car which resulted in a fractured arm would result in significant medical costs and likely an interruption in wages. The injury was caused directly by the defendant's careless or reckless actions. A wrongful death claim might include funeral and burial costs for your loved one as well as emotional distress that your family or you experienced. The non-financial damages are more difficult to quantify. Your attorney will employ a variety of methods to calculate the value of your pain and suffering. Keep a journal to record your daily pain level and how your injuries affect you mentally, physically, and emotionally. This can help you prove your case. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages can only be awarded if an arbitrator or jury determines the defendant's conduct to be outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, wantonness or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim is contested, a jury will determine the amount you will be awarded for your losses and injuries. In many cases the parties will agree to settle the matter outside of court. This allows them to save the time and money of a trial. It also allows victims to collect their compensation earlier than should they wait for the trial process to be completed. The settlement for personal injuries will include the economic as well as other damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter includes aspects like suffering and loss of enjoyment. It isn't always easy to quantify the value on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will look over the evidence you've amassed and determine how they will consider your claim. You may be required to submit an offer letter, which is accompanied by evidence and an offer for a suitable compensation amount. The insurer is likely to offer you a counter-offer that is typically less than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurer. If you have an undisputed legal claim, the settlement will generally pay for medical bills and other expenses out of pocket related to the accident. In some cases your settlement could include a portion of any future treatment your doctor believes you will 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 kind of compensation is typically given to children or spouses who have suffered due to the death of their loved one as a result an accident caused by someone else's negligence. Punitive damages are possible when the defendant is found to have been negligent. This type of compensation is designed to penalize the defendant and deter others from engaging in similar reckless actions. Filing an action Once someone has contacted an attorney for personal injury the next step is to collect evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage must be included in a claim. If the parties are unable reach an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will detail the claimant's version of events, describe how the defendant's actions harmed them, and request relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being accused of a crime. The defendant will then have the time to reply. During this phase, both parties will complete the discovery process, where they look into the claims and defenses of the other. It can be a long process and could require an extensive amount of documentation. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering 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 can accept the offer, reject it, or offer a counteroffer. It is essential to have an attorney who is knowledgeable of the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney will be able to go through all the evidence available to confirm that your losses are compensated. They can also assist you to eliminate unnecessary expenses and track the amount of money you're entitled. 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 knowledgeable attorney can assist in workers' compensation cases. Some personal injury cases may require experts from areas like economics, medicine, or engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the circumstances of a case, it can be decided out-of-court or in a trial.