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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages are the cost of your current and future medical expenses, as well as lost wages. Also, it covers the pain and suffering you endured as well as the loss of companionship. Statute of Limitations If you have been injured because of a negligent act or negligence, it is important that you act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These limitations of time can differ according to the state and claim type and are typically subject to specific or limited exemptions. In New York, for example when you want to file a lawsuit for injuries caused by a car accident 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 assist you determine the statute of limitations that applies to your particular case and ensure that it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to note that even the statute of limitations has run out however, you may be able to file other claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so they can provide you with all the options available. In most instances, the statute of limitations will expire on the date of the incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice the limitation period does not begin until you recognize that you should have known, that your injury was caused by a negligent act. This is called the discovery rule. There are also some exceptional situations where the statute of limitations is “tolled” or suspended, but these cases are extremely specific and should be assessed by a competent personal injury lawyer. If you've suffered injury by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages The goal of a personal injury claim is to get financial compensation from the party accountable for your injury. Damages are the legal term used to describe this. There are Savannah injury lawyer of damages: general and special. General damages are intended to compensate you for the costs resulting from your injury, such as medical bills, lost income and suffering and pain. Funeral costs and emotional distress can be incorporated into special damages. If your loved one died due to reckless conduct by another person, you could be able to claim the cost of wrongful death. To hold the person responsible accountable for your injuries the court must establish four elements which are breach, duty, causation and damages. To establish the duty the defendant must be under an obligation under law to behave responsibly in a specific circumstance. Failure to meet this obligation is known as negligence. The injury you sustained is directly caused by a violation of this duty. The injury must have caused significant damage or serious injury to qualify for damages. A car accident that causes an injured hand could result in significant medical expenses and, most likely, the loss of income. The injury was directly caused by the defendant's negligent or reckless actions. A wrongful death claim could involve the funeral and burial expenses for your loved one, as well as the emotional pain that you or your family felt. Non-financial damages can be more difficult to determine. Your attorney will use different methods to calculate the worth of your suffering and pain. Keep a diary to document your daily pain level as well as how your injuries have affected you physically as well as physically. This will help prove your case. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In rare instances your lawyer can seek punitive damages, which are intended to penalize the party who was negligent. These damages are only granted when the judge or jury finds the defendant's behavior to be particularly outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you must show to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression, or a conscious indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your claim goes to trial the jury will decide how much to award you for your injuries and losses. In many cases however, the parties will agree to settle the matter outside of court. This allows them to avoid the time and cost of a trial. It also allows victims to collect their compensation sooner than they would should they wait for the trial process to conclude. The settlement for personal injuries will include the economic as well as other damages. The former include costs like medical expenses, lost wages and property damage. The latter includes aspects like suffering, pain, and loss of enjoyment of your life. It isn't always easy to quantify the value on these damages, but an experienced lawyer can help you determine 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 decide what they believe your claim is worth. You may have to send a demand letter, which is accompanied by your evidence and a request for the appropriate compensation amount. The insurance company will likely offer you a counter-offer which is usually lower than the amount you request. Your attorney will then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an appropriate legal claim, the settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor predicts you will need due to 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 typically granted to children or spouses who have suffered because of the death of a loved ones as a result of an accident caused by the negligence of another. Punitive damages are possible in the event that the defendant is determined to have been particularly negligent. This kind of compensation is intended to punish the defendant and deter others from engaging in similar reckless behaviors. Filing a Lawsuit Once someone has contacted an attorney for personal injury, they should begin to gather documentation of their losses. Documents like 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 cannot agree on a settlement or agreement, the attorney representing the plaintiff can bring a lawsuit against the defendant. The complaint will outline the claimant's version of events, outline how the defendant's actions harmed them, and request relief in the form of financial compensation. A summons is also filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant will then have an appropriate amount of time to reply. In this stage, both parties will complete the discovery process where they investigate the claims and defenses of the other side. This can be a lengthy process and may involve lots of documents. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also request an equitable settlement from the insurance company. The insurance company can accept or decline the offer it, or offer a counteroffer. It is crucial to have an experienced lawyer to ensure your rights are protected and maximize your compensation. A competent lawyer can go through all of the available evidence to verify that you are being paid for every loss. They can also eliminate unnecessary expenses and assist you to keep track of the money you are entitled to receive. New York law allows for every person to be compensated for their share of the blame 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 use of experts in areas such as economics, medicine and engineering. Your lawyer will assist you choose the right expert to testify in support of your case. Based on the circumstances of the case, it may be decided out-of-court or at trial.