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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. To be able to claim full damages, it's important to keep track of your losses meticulously. Keep the track of the medical expenses and out of pocket costs. Economic damages cover the costs of your past and future medical expenses and lost wages. Also covered are the pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to the negligence of someone else or by a wrongful act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal time restrictions that protect parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations are different for each state and claim type and they are often subject to specific or limited exceptions. For instance in New York, if you would like to bring a lawsuit for injuries that result from an auto accident the statute of limitation for these cases is three years. For other civil actions involving negligence like medical malpractice, product liability and wrongful death, the statute of limitations is two years. A lawyer can help determine the time limit applicable to your case and ensure that it is filed in a timely manner. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should be aware that even when your statute of limitation is over, you may 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 about your case, so that they can provide you with all the options available. In most instances, your statute of limitations starts to begin running from the date of the incident that led to your injury. In some instances, like exposure to toxic substances or medical malpractice the statute of limitation is not set until you recognize or could have realized that your injury was result of a negligent act. This is known as the discovery rule. There are also a few instances where the statute of limitations has been “tolled” or suspended, but these situations are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've been injured due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us today to arrange an appointment for a free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the party responsible for your injury. The legal term used to describe this is “damages.” There are two kinds of damages which are: general and specific. General damages are intended to provide you with compensation for your losses like medical bills or lost wages, as well as pain and discomfort. Funeral expenses and emotional distress could be included in the special damages. If a loved one passed away due to the reckless conduct of another you may also be able to recover damages for wrongful death. To hold the party responsible accountable for your injuries, a court must determine four elements: duty, breach, damages and causation. To establish a duty the defendant must be under the legal obligation to act responsibly in a particular situation. Failure to meet this obligation is called negligence. The injury you suffered is directly caused by a violation of this duty. The injury must have caused substantial damage or serious injury to be able to claim damages. For instance an accident in a car which resulted in a fractured arm would have substantial medical costs and likely the loss of wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one, as well as emotional distress you or your family have endured. Non-financial damages are more difficult to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a journal to record your daily pain level as well as how your injuries have affected you physically, physically, and emotionally. This will help to support your claim. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In Pembroke Pines injury lawsuits youtube.com may be able to seek punitive damages to punish the party who was negligent. These damages are only awarded if a jury or judge finds the defendant's actions to be particularly obscene. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To receive these additional damages your lawyer must demonstrate that the defendant was acting with malice, wantonness or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim goes to trial the jury will determine how much they will award you for your injuries and losses. In many cases the parties will agree to settle the matter outside of court. They are able to avoid the time and cost of an in-court trial. Additionally, it allows victims to receive their compensation sooner than have if they waited for the trial process to conclude. The settlement for a personal injury includes damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages, and property damage. The latter includes aspects such as suffering and pain, as well as the loss of enjoyment of life. It isn't always easy to quantify the value on these damages, however an experienced lawyer can assist you in determining the value of your injuries. Insurance companies will usually offer a settlement to settle your claim before it goes to trial. They will examine the evidence you have collected and determine how much they will consider your claim. You may need to file an offer letter, which is accompanied by evidence and a request for the appropriate compensation amount. You will most likely receive a counter-offer from your 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 an appropriate claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket due to your accident. In some cases your settlement could include compensation for any future treatments that your doctor believes 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 kind of compensation is usually granted to spouses and children who have suffered because of the loss of a loved one during an accident caused by another person's negligence. You could also be awarded punitive damages if you were found to be negligent in particular. This type of compensation is intended to punish the defendant and deter others from engaging in similar reckless behaviors. Filing an action After making contact with an attorney for personal injuries the client should begin collecting documentation of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties cannot reach an agreement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. It is a notification that they are being accused of a crime. The defendant is then given the time to respond. During this stage each party will complete the discovery process, where they look into the defenses and claims of the other party. This could be a lengthy process and may involve a great deal of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They can also assist in calculating damages. They can also demand an equitable settlement from the insurance company. The insurance company can accept the offer, decline it, or offer a counteroffer. It is vital to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. An experienced attorney will be able to look through all the evidence available to confirm that your losses are being compensated. They can also help you eliminate unnecessary expenses and help 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 one of them to claim for their share of responsibility. An experienced attorney can assist in workers claims for compensation. Some personal injury cases require the involvement 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, some cases could be tried in court, while others will settle outside of court.