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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims get fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages are the cost of your current and future medical expenses as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent action, you should file a lawsuit as soon as possible. Statutes of limitations are legal time limitations that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has expired. These time limits can vary according to the state and the type of claim and are usually subject to limited or special exemptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. For other 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 in determining the statute of limitations applicable to your case and ensure that the case is filed on time. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. You should be aware that even the time your statute of limitations is over, you may have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so that they can inform you of all the options that are available. In most cases, the statute of limitations begins to run from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice the limitation period does not begin until you are aware or would have known that your injury was caused by a negligent action. This is known as the discovery rule. There are also instances where the statute of limitations has been “tolled” or suspended, however these circumstances are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. Littman & Babiarz's attorneys can assist you if you have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term used to describe this is “damages.” There are two kinds of damages: general and special. General damages are meant to provide you with compensation for your losses, such as medical bills or lost wages, as well as pain and discomfort. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died due to reckless conduct by a third party, you could be able to claim damages for wrongful death. A court must establish four elements in order to determine who is responsible for the harm you suffered such as breach of duty, causation, and damages. To establish a defendant's obligation to be legally bound to act responsibly in the particular circumstance. Negligence is the inability to fulfill this duty. A breach of this obligation is a direct cause for the injury you suffered. To qualify for damages, the injury must have caused severe harm or significant damage. A car crash that results in a severed hand would result in substantial medical costs and, most likely, the loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. A claim for wrongful death could involve the funeral and burial expenses for your loved one as well as emotional distress that you or your family experienced. The non-financial damages are more difficult to determine. Your attorney will employ different methods to calculate the value of your pain and suffering. Keep a record of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can aid in your claim for these damages. Insurance companies typically undervalue these damages in order to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only granted when an arbitrator or jury determines the defendant's behavior to be particularly outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To get these additional damages, you must show to your lawyer that the defendant acted with malice, willfulness, or oppression or a conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is determined. If your claim is contested, a jury will determine the amount you will be awarded for your injuries and losses. In many cases parties, however, they agree to settle out of court. This means they can avoid the time and cost of a trial. This also allows victims to collect their compensation sooner than if they waited for the trial to conclude. A personal injury settlement covers both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter include things like pain and suffering and the loss of enjoyment of life. It can be difficult to determine a dollar amount on these losses, but an experienced lawyer can help you determine the worth of your injuries. Typically an insurance company will usually offer a settlement before your case goes to trial. They will look over the evidence you have collected and determine what they feel your claim is worth. You may be required to send a demand letter, which is accompanied by your evidence and a request for an appropriate compensation amount. The insurance company will likely offer you a counter-offer which is often less than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurance company. If Fort Myers injury lawsuits have an appropriate claim the settlement will cover your medical expenses and other out-of-pocket expenses due to the accident. In certain cases the settlement could also include compensation for any future treatment that 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 typically awarded to spouses or children who have suffered due to the death of their loved ones as a result of an accident caused by negligence of someone else's. You may also receive punitive damages if the defendant was found to be particularly negligent. This kind of payment is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit Once someone has contacted a personal injury lawyer and has been advised to gather documentation of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of lost income or property damage should also be included in a claim. If the parties are unable come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's version of events, describe how the actions of the defendant harmed them, and seek relief in the form of financial compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being sued. The defendant is given a specific amount of time in which to respond. In this process each side will complete the discovery phase where each party investigates the defenses and claims of the other. This could take a considerable amount of time, and will likely require a significant amount of documents. A lawyer can help to prepare for trial by arranging for expert witnesses and collecting evidence. They will also be able to assist in the calculation of damages. They may also be able to demand a fair settlement from the insurance company. The insurance company could accept, deny or counteroffer the offer. It is crucial to have an experienced lawyer who can protect your rights and maximize your compensation. The right attorney can comb through all of the evidence available to ensure that you're being compensated for each loss. They can also weed out unnecessary expenses and assist you to keep track of the money you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one of them to claim for their part of the responsibility. A skilled attorney can also help with workers compensation cases. Some personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you select experts who will be able to provide evidence to back your case. Depending on the situation, some cases may be tried in court, while others will settle outside of court.