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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. To receive full damages, it is essential to record your losses in a meticulous manner. Keep an eye on all medical expenses as well as out-of expenses out of pocket. Economic damages are a result of your past and future medical expenses and lost wages. Also covered are the pain and suffering and loss of companionship. Statute of Limitations If you've been injured due to someone else's negligence or wrongful act, you should file a lawsuit as soon as possible. Statutes of limitations are legal time limits that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and claim type and are typically subject to special or limited exceptions. For example in New York, if you are seeking to file a lawsuit relating to injuries sustained in an auto accident the statute of limitation for these kinds of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and wrongful deaths. A lawyer can help determine the statute of limitation that applies to your particular case and ensure that the case is filed on time. A knowledgeable lawyer can analyze 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 but you might still be able to file other claims for compensation that relate to your injuries, including workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so that they can provide you with the various options that are available. In Portland injury lawsuit of cases, the statute of limitations begins to run on the date of the underlying incident that caused your injury. However, in some situations such as exposure to harmful substances or medical malpractice, the statute of limitations does not start to run until you realize or reasonably should have realized that your injury was caused by a negligent act. This is called 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 an experienced personal injury lawyer to look into. Littman & Babiarz's attorneys can assist you if were injured as a result of another person's wrongful behavior. Contact us today for your free consultation. Damages The purpose of a personal injury claim is to receive financial compensation from the person accountable for your injury. The legal term for this is “damages.” There are two kinds of damages that are general and special. General damages are designed to compensate you for your losses like medical bills or lost wages, as well as discomfort and pain. Special damages can include funeral costs as well as emotional stress. If a loved one died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. A court must establish four factors to find the responsible party liable for your injury: duty, breach of duty, causation, and damages. To establish the duty the defendant must be under a legal obligation to act responsibly in a specific circumstance. A failure to fulfill this obligation is called negligence. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused significant damage or serious injury in order to be eligible for damages. A car crash that results in an injury to the hand could result in substantial medical costs and most likely the loss of income. The defendant's reckless or careless actions directly led to the injury. A claim for wrongful death could include funeral and burial expenses for your loved one as well as emotional trauma that your family or you experienced. Non-financial damages are more difficult to determine. Your attorney will use various methods to determine the value of your suffering and pain. Keep a journal to record your pain levels throughout the day and how your injuries affect you mentally as well as physically. This will help to support your claim. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In some cases the attorney may pursue punitive damages, which are designed to punish the negligent party. These damages are only available when a judge or jury feels that the defendant's behavior was particularly outrageous. This type of compensation is usually awarded in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant acted with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case is decided. If your case is heard, a jury will determine the amount you will be awarded for your losses and injuries. In a lot of cases parties, however to settle out of the courtroom. This lets them avoid the time and expense of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to be concluded. The settlement for personal injuries will include damages that are both economic and non-economic. The former include expenses like medical costs loss of wages, property damage. The latter covers aspects such as suffering, pain and loss of enjoyment your life. The process of determining a value for these damages is often challenging however, an attorney can help you determine what your injuries are worth. Insurance companies will usually 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 value your claim. You might be required to submit an official letter of demand along with the evidence you have provided and an appropriate amount of compensation. You'll likely receive a counter-offer from your insurance company, which is usually lower than what you requested. Your lawyer can negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket due to the accident. In some cases the settlement may also include compensation for future treatment that your doctor estimates you'll require as a result 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 awarded to spouses and children who are suffering due to the loss of a loved one during an accident caused by someone else's negligence. You could also be awarded punitive damages if you were found to be negligent in particular. This type of compensation is intended to penalize the defendant and deter others from engaging in similar reckless behavior. Filing an action After making contact with an attorney for personal injury one should begin collecting documentation of their losses. This may include documents like medical records as well as police reports and insurance policies. Documentation of lost income or property damage must be included in a claim. If the parties cannot reach a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant and request for an amount of money. A summons is also filed and delivered to the defendant. It is a notification that they are being sued. The defendant is given a certain time frame in which to respond. During this time each side will complete the discovery phase in which 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 documentation. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also make a demand to the insurance company for a fair settlement. The insurance company could accept or decline the offer it, or offer a counteroffer. It is crucial to hire an attorney who knows the law to protect your rights and maximize recovery. An experienced attorney will be able to go through all the evidence to ensure that your losses are compensated. They can also weed out unnecessary expenses and help you to keep track of all the money you are entitled to receive. New York law allows for each person to be compensated for their part of the responsibility if more than one party is responsible for an accident. A knowledgeable attorney can assist in workers compensation cases. Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the facts of the case, it may be resolved outside of court or at trial.