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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist injured victims to receive fair compensation. In order to receive the full amount of damages, it's important to keep track of your losses meticulously. Keep the track of all medical expenses as well as out-of pocket costs. Economic damages cover your future and past medical expenses and lost wages. Also, it covers your suffering and pain as well as the loss of companionship. Statute of limitations If you've suffered an injury by a negligent act or negligence, it is important to act swiftly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. Eau Claire injury attorney prevent claims from being filed after the deadline. These limitations of time can differ according to the state and claim type and are usually subject to specific or limited exemptions. In New York, for example when you want to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can help you determine the statute of limitation applicable to your case, and ensure that it is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that might be available. It is important to keep in mind that even when the time limit has passed but you might still be able to file other claims for compensation relating to your injuries, like workers compensation or Social Security disability benefits. However, it is best to consult an attorney about your case as soon as possible, so that he or she can inform you of all options. In most cases, the statute of limitations starts to run from the date of the underlying incident that caused your injury. However, in some situations such as exposure to toxic substances or medical negligence the statute of limitations does not begin to run until you have realized or ought to have realized that your injury was caused by a negligent action. 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 cases are factual and require a knowledgeable personal injury attorney to analyze. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages which are: general and specific. General damages are meant to pay for the losses you have suffered such as medical expenses, lost wages, and discomfort and pain. Special damages could include funeral costs and emotional stress. If a loved one died due to a reckless act of another, you can also recover damages for the wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements which are breach, duty, causation and damages. To establish a defendant's duty to be legally bound to behave responsibly in the particular situation. Negligence is the failure to perform this obligation. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused substantial damage or caused serious harm to be able to claim damages. A car crash that results in an injury to the hand could result in significant medical expenses and, most likely, loss of income. The defendant's careless or reckless actions directly caused the injury. A wrongful death claim might involve the funeral and burial costs of your loved one, as well as the emotional trauma that you or your family felt. Damages that are not financial are more difficult to calculate. Your attorney will use different methods to determine the worth of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Insurance companies tend to undervalue these damages to avoid paying more settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only available if jurors or judges believe that the defendant's behavior was especially outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, or malicious acts, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, willful or fraud, as well as oppression or conscious indifference to the consequences of his or her actions. Settlements The amount you receive for your injuries is contingent on how your case will be determined. If your claim is tried by a jury, the jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however to settle out of court. This allows them to avoid the time and expense of a trial. This means that victims can receive their compensation earlier than if they had to wait for the trial to be concluded. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses, lost wages, and property damage. The latter includes aspects like suffering and pain, as well as the loss of enjoyment of life. Calculating a dollar value for these damages can be difficult, but an attorney can help you determine what your injuries are worth. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will review the evidence you've collected and determine what they think your claim is worth. You may be required to submit an official letter of demand together with evidence and a request for a suitable compensation amount. The insurer will likely offer you a counter-offer that is typically lower than the amount you request. Your attorney will then negotiate a fair settlement with the insurer. If you have a valid claim the settlement will pay your medical expenses as well as other out-of pocket expenses associated with the accident. In some instances, your settlement may also include a portion of any future treatment that your doctor believes you will require as a result of 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 usually given to children and spouses who are suffering as a result of the death of a loved one in an accident caused by another person's negligence. Punitive damages are possible when the defendant is found to have been negligent. This type of compensation is designed to punish the defendant and discourage others from engaging in similar reckless actions. Filing a Lawsuit Once a person has contacted an attorney for personal injuries the next step is collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of lost income or property damage must be included in an insurance claim. If the parties are unable to reach a settlement, the plaintiff's attorney may file an action against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant hurt them, and request relief in the form of financial compensation. A summons will also be filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant has a limited time frame in which to respond. During this time each side will complete the discovery phase, where each party investigates the other's claims and defenses. It can be a long process and could require lots of documents. A lawyer can help to prepare for trial by arranging for experts to testify and gathering evidence. They can also help calculate 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 offer a counteroffer. It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your compensation. An experienced lawyer will comb through all of the available evidence to verify that you're being paid for every loss. They can also assist you to reduce unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for each person to be compensated for their part of the responsibility if more than one person is responsible for an accident. A skilled attorney can also assist in workers claims for compensation. Certain personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will help you select an expert who can provide testimony to support your case. Based on the circumstances of a case, it could be decided outside of court or in a trial.