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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. It is crucial to document your losses for obtaining full damages. Keep an eye on all medical expenses and out-of expenses out of pocket. Economic damages are a result of your past and future medical expenses and lost wages. Also covered are suffering and pain and loss of companionship. Statute of Limitations If you've suffered injuries due to someone else's negligence or wrongful act, you must start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect individuals from unnecessary litigation by preventing claims from being filed after the deadline has passed. These time limits vary by state and claim type and are typically subject to special or limited exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries that result from a car crash, the statutes of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and the wrongful death of a person. 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 lawyer with experience can review your case to determine if there are any extensions or waivers that could be available. It is important to note that even the statute of limitations has expired, you may still be able to file other claims for compensation that relate to your injuries, such as workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your case, so that they can provide you with the options available. In the majority of cases, the statute of limitations starts to run on the date of the incident that caused your injury. In some instances, like exposure to toxic substances or medical malpractice the limitation period does not begin until you realize or could have realized that your injury is result of a negligent act. This is referred to as the discovery rule. There are rare circumstances where the statute of limitation is “tolled” or suspended. These cases are factual and require a skilled personal injury lawyer to look into. Littman & Babiarz's attorneys can assist you if you have been injured by an unintentional act of another. Contact us today for your free consultation. Damages The goal of a personal injury lawsuit is to receive financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages which are: general and specific. General damages are intended to compensate you for costs resulting from your injury, such as medical bills, lost income and pain and suffering. Special damages may include funeral costs as well as emotional stress. If your loved one died due to reckless behavior by another, you may be able recover the cost of wrongful death. A court must establish four factors to determine who is responsible for your injury such as breach of duty, causation and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a particular situation. A failure to fulfill this obligation is referred to as negligence. A breach of this obligation is the direct cause of the injury you sustained. The injury must have caused serious damage or serious harm in order to be eligible for damages. A car accident resulting in a severed hand would cause significant medical expenses, and most likely a loss of income. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim could include funeral and burial costs of your loved one and emotional trauma that your family or you suffered. Non-financial damages are harder to determine. Your attorney will employ different methods to determine the value of your pain. Keep a diary to document your pain levels throughout the day and how your injuries have affected you physically as well as physically. This can help you prove your case. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In rare instances the attorney may seek punitive damages, which are intended to penalize the party who was negligent. These damages are only granted when a jury or judge finds the defendant's actions to be particularly outrageous. This kind of compensation is usually granted in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To get these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by willful or malicious intent, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case will be resolved. If your claim is tried by a jury, the jury will decide how much you are awarded for your losses and injuries. In a lot of cases parties, however to settle their claims outside of court. This means they can avoid the time and cost of a trial. This allows victims to get their compensation sooner than those who had to wait for the trial to be concluded. A personal injury settlement can include both economic and non-economic damages. The former includes costs such as medical expenses, lost wages and property damage. The latter covers aspects like suffering, pain, and loss of enjoyment your life. Calculating a dollar value for these damages is often challenging however an attorney can help you determine what your injuries are worth. Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will review the evidence you've collected and determine how much they will consider your claim. Oklahoma City injury lawsuits may be required to submit an official demand letter that is accompanied by evidence and a request for the appropriate compensation amount. The insurance company will likely send you a counter-offer, which is often less than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurer. If you have an appropriate legal claim, the settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In some instances the settlement may also 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 typically awarded to spouses or children who suffered as a result of the death of a loved one as a result an accident caused by the negligence of another. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This type of compensation is designed to punish the defendant, and deter others from engaging in reckless behavior. Filing a Lawsuit After contact with an attorney for personal injury, a person must begin collecting evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Include evidence of damage to property or income loss in your claim. If the parties fail to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will outline the claimant's account of the events, explain how the defendant's actions harmed them and ask for relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being accused of a crime. The defendant will then have the time to respond. During this time both sides will go through the discovery phase, where each party investigates the defenses and claims of the other. This can take a significant amount of time and likely require a significant amount of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company could accept, reject or counteroffer the offer. It is crucial to hire an attorney who is familiar with the law to protect your rights and maximize recovery. The right attorney can comb through all the available evidence to verify that you're being compensated for each loss. They can also weed out unnecessary expenses and help to keep track of the funds you are entitled receive. If more than one person is liable 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. Certain personal injury cases could require experts from fields such as economics, medicine, and engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Based on the situation, some cases may be tried in court, while others will settle out of the court.