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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. The process of documenting your losses is vital to receiving full damages. Edmond injury lawyers You Tube includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include the cost of your past and future medical expenses, as well as lost wages. It also covers the pain and suffering you endured and the loss of companionship. Statute of Limitations If you have been injured due to another person's wrongful negligence or action, it is important that you act quickly and make a personal injury claim before the statute of limitations runs out. Statutes of limitation are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and type of claim and are typically subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit relating to injuries caused by a car accident the statutes of limitation are three years. For other civil actions that involve negligence such as medical negligence, product liability and wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitation applicable to your 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 time limit has passed but you might still be able to make claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so they can inform you of all the options available. In most instances, the statute of limitations begins to run from the date of the incident that caused your injury. However, in certain situations such as exposure to harmful substances or medical malpractice, the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was the result of a negligent act. 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 situations are highly factual and require a knowledgeable personal injury lawyer to evaluate. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us for an appointment for a free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injuries. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to provide you with compensation for your losses such as medical expenses or lost wages, as well as pain and discomfort. Funeral expenses and emotional distress may be included in special damages. If a loved one died due to the reckless conduct of another, you can also recover wrongful death damages. A court must establish four elements in order to determine the party responsible for your injury: duty, breach of duty, causation, and damages. To establish a duty, the defendant must have an obligation under law to be responsible in a specific situation. Negligence is the failure to perform this duty. The injury you suffered was directly resulting from a breach of this duty. The injury must have caused serious damage or serious harm to qualify for damages. A car accident that causes an injury to the hand could result in substantial medical costs and most likely the loss of income. The injury was caused directly by the defendant's careless or reckless actions. A wrongful death claim could be a result of the funeral and burial expenses for your loved one, as well as the emotional pain that you or your family experienced. Non-financial damages are more difficult to calculate. Your lawyer will employ a variety of methods to calculate the value of your suffering and pain. Maintaining a log of your daily pain levels and how the injuries have affected your physical, mental and emotional health can help support your claim for these damages. Many insurance companies underestimate the value of these damages in order to avoid paying higher settlements. In some rare instances you may be able to obtain punitive damages to punish the responsible party. The damages can only be granted when a jury or judge finds the defendant's conduct to be particularly outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To obtain these additional damages the lawyer must prove that the defendant was acting in a manner that was ill-intentional, shrewd or fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you receive. If your case goes to trial the jury will decide what they will pay you for your injuries and losses. In a lot of cases parties, however, they agree to settle their claims outside of court. This means they can save the time and money of a trial. Additionally, it allows victims to recover their compensation earlier than should they wait for the trial to complete. A personal injury settlement covers both economic and non-economic damages. The former include costs like medical expenses, lost wages and property damage. The latter covers aspects such as suffering, pain and loss of enjoyment of your life. The process of determining a value for these damages can be difficult however, an attorney can help determine what your injuries are worth. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will look over the evidence you've amassed and determine how they consider your claim. You may be required to send an offer letter, which is accompanied by evidence and a request for the appropriate compensation amount. You will most likely receive a counter-offer from the insurer, which is usually lower than what you requested. Your lawyer can negotiate a fair settlement with the insurance company. If you have an appropriate claim the settlement will cover the cost of your medical treatment and other expenses out of pocket related to the accident. In some cases, your settlement may also include a portion of any future treatment 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 spouses and children who suffer due to the loss of a loved one during an accident caused by someone else's negligence. Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This kind of payment is intended to punish the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit Once someone has contacted an attorney for personal injuries and has been advised to gather documentation of their losses. Documents like medical records, police reports and insurance policies may be included. Include evidence of damage to property or lost income in your claim. If the parties are unable to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will detail the claimant's version of events, describe how the defendant's actions harmed them and ask for relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. It is a notification that they are being accused of a crime. The defendant is given a specific timeframe to respond. During this process, both sides will complete the discovery phase where each side investigates the other's claims and defenses. It can be a long process and could require a great deal of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and obtaining evidence. They can also to assist in calculating damages. They can also make a demand to the insurance company for an appropriate settlement. The insurance company can accept the offer, decline it or make a counteroffer. It is vital to have an attorney who knows the law to protect your rights and maximize the amount of compensation you receive. The right attorney can comb through all the evidence available to ensure that you are being compensated for each loss. They can also help you eliminate unnecessary expenses and help to keep track of all the amount you are entitled to receive. If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A skilled attorney can also assist in workers' compensation cases. Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer can assist you in locating an expert who can testify to back your case. Depending on the facts of a case, it can be decided outside of court or at trial.