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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help victims of injuries get fair compensation. To receive full damages, it's important to record your losses in a meticulous manner. Keep the track of all medical expenses as well as out-of the pocket expenses. Economic damages include your past and future medical expenses as well as lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of limitations If you've been injured due to another person's wrongful action or negligence It is crucial to act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal limitations that protect parties from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations can differ according to the state and the type of claim and are typically subject to specific or limited exemptions. In New York, for example, if you wish to bring a lawsuit against injuries that result from a car crash, the statutes of limitations are three years. For other civil actions involving negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitations that applies to your particular case, and ensure that it is filed in time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to keep in mind that even if the statute of limitations has expired, you may still be able to file additional claims for compensation that relate to your injuries, including workers' compensation or Social Security disability benefits. It is advisable to speak with an attorney as early as you can regarding your case, so that they can advise you of the options that are available. In the majority of cases, the statute of limitations begins to run from the date of the underlying incident that led to your injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit is not set until you realize that you would have known that your injury is caused by a negligent action. This is known as the discovery rule. There are also a few instances where the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've been injured by someone else's reckless 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 claim is to obtain financial compensation from the person responsible for your injury. The legal term for this is “damages.” There are two types of damages: general and special. General damages are designed to compensate you for expenses resulting from your injury, which includes medical bills, lost income and suffering and pain. Funeral costs and emotional distress could be included in the special damages. If your loved one passed away due to reckless conduct by another person, you could be able recover damages for wrongful death. To hold the person responsible accountable for your injuries the court must establish four elements that include breach, duty, causation and damages. To establish a 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. A breach of this obligation is a direct cause of the injury you suffered. To be eligible for damages the injury must have caused significant damage or injury. For example an accident in a car that caused a broken arm would result in significant medical expenses, and most likely the loss of wages. The injury was directly caused by the defendant's negligent or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one, and emotional pain you or your family suffered. Non-financial damages can be more difficult to calculate. Your attorney will employ different methods to determine the value of your pain and suffering. Keep a diary to document your daily pain level and how your injuries affect you mentally physical, emotionally, and physically. This can help you prove your case. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In rare cases, you can seek punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the conduct of the defendant was especially outrageous. This type of compensation is usually granted in cases of drunk driving accidents, or malicious acts, as well as nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, oppression, or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case is determined. If your claim goes to trial the jury will decide what they will pay you for your injuries and losses. In many cases, the parties will agree to settle out of court. They are able to avoid the time and expense of an in-court trial. This allows victims to receive their compensation earlier than if they had to wait for the trial to conclude. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical costs as well as lost wages and property damage. The latter include things like pain, suffering and loss of enjoyment your life. It can be difficult to determine a dollar amount on these damages, however an experienced attorney can help you determine the worth of your injuries. Typically, an insurance company will usually offer a settlement before your case goes to trial. Schaumburg injury attorneys will review the evidence you've collected and determine how much they consider your claim. You might be required to submit a letter of demand, along with the evidence you have provided and a request for a suitable amount of compensation. Most likely, you will receive a counter-offer from your insurer, which is typically lower than what you requested. Your attorney can then negotiate an equitable settlement with the insurer. If you have an appropriate claim the settlement will pay your medical expenses as well as other out-of-pocket expenses due to your accident. In some cases, your settlement may also include compensation for any future treatment that your doctor believes you'll 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 type of compensation is typically granted to children or spouses who suffered as a result of the death of a loved ones due to an accident that was caused by negligence of someone else's. Punitive damages can be awarded 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 behavior. Filing a Lawsuit After contacting an attorney for personal injuries one must begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies may be included. Include documentation of property damage or income loss in your claim. If the parties are unable to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the plaintiff's version of events, describe how the defendant's actions harmed them, and seek relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being accused of a crime. The defendant then has the time to reply. During this stage, both parties will complete the discovery process in which they look into the claims and defenses of the other. This can take a significant amount of time and will likely require a lot of documents. A lawyer can help prepare for trial by arranging for expert witnesses and obtaining evidence. They will also be able to assist in the calculation of damages. They can also make an offer to the insurance company for an appropriate settlement. The insurance company may accept, deny or counter-offer the offer. It is vital to have an attorney who is knowledgeable of the law to safeguard your rights and maximize recovery. A good lawyer will be able to look through all the evidence available to ensure that your losses are being compensated. 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 responsibility if more than one person is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases may require the assistance of experts in areas like medicine, economics, and engineering. Your lawyer will assist you in selecting a specialist who can testify to back your case. Based on the facts of a case, it can be resolved outside of court or in a trial.