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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. To be able to claim full damages, it is essential to record your losses in a meticulous manner. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages cover your past and future medical costs and lost wages. Also, it covers pain and suffering and loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a 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 been met. These limitations of time can differ depending on the state of origin and the type of claim and are typically subject to limited or special exemptions. In New York, for example, if you wish to file a lawsuit for injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can assist you determine the statute of limitations applicable to your case and ensure it is filed on time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations that apply. It is important to be aware that even the time your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is advised to speak an attorney about your case as soon as possible and so that they can inform you of all options. In most instances, the statute of limitations will expire on the date of the incident that caused you injury. However, in some situations such as exposure to harmful substances or medical negligence, the statute of limitations does not begin to run until you realize or reasonably should have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury lawyer to look into. The attorneys at Littman & Babiarz can assist you if you have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the party who is 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 designed to pay for the losses you have suffered such as medical expenses, lost wages, and pain and discomfort. Special damages may include funeral expenses and emotional stress. If your loved one died because of reckless behavior by a third party, you could be able to recover the cost of wrongful death. A court must establish four elements to find the responsible party liable for the harm you suffered that result from a breach of duty, causation and damages. To establish the duty, the defendant must have an obligation under law to be responsible in a specific circumstance. Negligence is the inability to fulfill this obligation. The injury you suffered was directly resulting from a breach of this obligation. To qualify for damages the injury must have caused significant harm or caused significant damage. A car accident resulting in an injured hand could result in substantial medical costs and most likely the loss of income. The injury was directly caused by the defendant's negligent or reckless actions. A wrongful death claim might include funeral and burial costs for your loved one and emotional distress that you or your family felt. Non-financial damages can be more difficult to calculate. Your attorney will employ different methods to determine the worth of your pain. Keep a journal to record your pain levels throughout the day and how your injuries affect you mentally, physically, and emotionally. This can help you prove your case. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements. In rare instances the attorney may seek punitive damages, which are meant to penalize the party who was negligent. These damages are only awarded when a jury or judge finds the defendant's behavior to be particularly outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted in a manner that was ill-intentional, shrewd or fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your case is heard, a jury will determine how much you are awarded for your injuries and losses. In a lot of cases, however, parties agree to settle outside of the courtroom. This lets them avoid the time and cost of a trial. This means that victims can receive their compensation earlier than the time they would have to wait for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former include costs like medical expenses, lost wages and property damage. The latter includes aspects like suffering, pain, and loss of enjoyment your life. It isn't always easy to quantify the value on these losses, but an experienced attorney can assist you in determining the worth of your injuries. Insurance companies typically offer an agreement to settle your case before it goes to trial. They will look over the evidence you have gathered and determine how much they consider your claim. You may be required to provide a letter of demand, along with your evidence and an appropriate compensation amount. The insurer will likely send you a counter-offer, which is usually 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 appropriate claim the settlement will pay your medical expenses and other expenses out of pocket associated with the accident. In some cases, your settlement may also include a portion of any future treatment your doctor predicts 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 typically awarded to spouses or children who have suffered because of the death of a loved ones as a result of an accident that was caused by the negligence of another. You could also be awarded punitive damages if you were found to be particularly negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in reckless conduct. Filing a Lawsuit After contact with a personal injury attorney, a person must begin collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of loss of income or property damage should also be included in a claim. If the parties cannot agree on an agreement the attorney for the plaintiff may start an action against the defendant. The complaint will outline the claimant's account, explain the actions of the defendant and request for an amount of money. A summons is also filed and 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 time each side will complete the discovery phase, where each side investigates the defenses and claims of the other. This could take a considerable amount of time and will likely require a significant amount of documents. A lawyer can assist in prepare for trial by arranging for experts to testify and gathering evidence. They will also be able to assist in the calculation of damages. They may also request an appropriate settlement from the insurance company. The insurance company can accept, decline or counter-offer the offer. Chicago injury lawsuits is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your compensation. The right attorney can comb through all the evidence available to ensure that you are being paid for every loss. They can also weed out unnecessary expenses and help you to keep track of the money you are entitled to receive. If more than one person is liable for the accident, New York law allows each of them to recover for their share of responsibility. An experienced attorney can assist with workers compensation cases. Some personal injury cases might require experts from areas like economics, medicine, and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the circumstances, certain cases may go to trial, while others will settle out of the court.