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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. To be able to claim full damages, it is essential to keep track of your losses meticulously. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages include your past and future medical costs and lost wages. It also covers your pain and suffering as well as the loss of companionship. Statute of limitations If you've been injured by negligence or a negligent act, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time limitations that protect individuals from unnecessary litigation by preventing claims filed after the deadline has passed. These time limits can vary depending on the state and claim type and are usually subject to specific or limited exemptions. In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. For civil actions that involve negligence such as medical negligence and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the time limit that applies to your case and ensure it is filed on time. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that may be available. You should be aware that even when your statute of limitation is over, you may have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is best to speak with an attorney regarding your situation as soon as you can and so that they can advise you of all options. In most cases, the statute of limitations begins to run on the date of the incident which caused your injury. In St. Petersburg injury attorneys You Tube , like exposure to toxic substances or medical malpractice the statute of limitation is not established until you are aware that you would have known that your injury is result of 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 very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you've suffered injury by someone else's reckless conduct, the attorneys at Littman & Babiarz can help. Contact us for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are meant to compensate you for your losses like medical bills, lost wages, and pain and discomfort. Special damages could include funeral expenses and emotional stress. If a loved one died due to a reckless act of another you may also be entitled to wrongful death damages. To hold the responsible party accountable for your injury, a court must determine four elements: duty, breach, causation and damages. To establish a duty the defendant must be under a legal obligation to behave responsibly in a specific circumstance. Negligence is the failure to perform this obligation. A breach of this obligation is a 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 an injured hand could cause significant medical expenses, and most likely the loss of income. The defendant's reckless or careless actions directly contributed to the injury. A wrongful death claim could involve the funeral and burial costs of your loved one as well as emotional trauma that your family or you suffered. Damages that are not financial are more difficult to determine. Your attorney will use different methods to determine the value of your pain. Keep a journal to record your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This can help you to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. These damages are only available if the judge or jury believes that the defendant's behavior was particularly obscene. This type of compensation is usually granted in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To get these additional damages, you need to show to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression, or a conscious disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is decided. If your claim goes to trial, a jury will determine how much they will award you for your injuries and losses. In a lot of cases parties, however to settle out of the courtroom. They can avoid the time and cost of the court trial. This also allows victims to recover their compensation sooner than have if they waited for the trial to conclude. 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 include things such as suffering and pain, as well as the loss of enjoyment of life. The process of determining a value for these damages is usually difficult, but an attorney can help determine the value of your injuries. Typically, an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you have collected and determine what they feel your claim is worth. You may be required to file a demand letter, which includes your evidence and a request for an appropriate compensation amount. The insurer is likely to send you a counter-offer, which is often less than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate a fair settlement for your injuries. If you have an undisputed legal claim, your settlement will typically pay for medical bills and other expenses out of pocket related to the accident. In some instances the settlement may also include a portion of the future treatments that your doctor believes you will need 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 type of compensation is typically granted to children or spouses who suffered as a result of the loss of a loved ones as a result of an accident caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be negligent in particular. This type of payment is designed to punish the defendant and deter others from engaging in similar reckless actions. Filing an action After a person has spoken with an attorney for personal injury the next step is collecting evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties are unable reach an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them and ask for relief in the form monetary compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being sued. The defendant then has a certain amount of time to reply. During this process both sides will go through the discovery phase, where each side will investigate the other's claims and defenses. This could take a considerable amount of time and likely require a significant amount of documents. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They are also able to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company may accept the offer, reject it, or counter-offer. It is crucial to have an experienced lawyer to protect your rights and maximize your compensation. A good lawyer will be able to go through all the evidence to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and help you to keep track of all the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each one of them to claim the amount they owe. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer can assist you in locating an expert who will be able to provide evidence to back your case. Based on the facts of the case, it may be resolved outside of court or in a trial.