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10 Untrue Answers To Common Injury Compensation Claims Questions Do You Know The Right Answers? How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims receive fair compensation. It is crucial to document your losses for obtaining full damages. Keep track of all medical expenses and out-of the pocket expenses. Economic damages are the cost of your past and future medical expenses and lost wages. It also covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you've suffered injuries due to someone else's negligence or wrongful act, you must start a lawsuit as soon as possible. Statutes of limitations are legal restrictions that shield individuals from unnecessary litigation by preventing claims filed after the deadline has been met. The time limitations vary by state and claim type and are typically subject to specific or limited exceptions. 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 other civil actions involving negligence like medical malpractice, product liability and wrongful death the statute of limitations is two years. A lawyer can help you determine the statute of limitation that applies to your case and ensure that the case is filed in time. An experienced lawyer can also 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 however, you may be able to file additional claims for compensation related to your injuries, like workers' compensation or Social Security disability benefits. It is recommended to consult with an attorney about your case as soon as you can, so that they can inform you of all your options. In most instances, your statute of limitations begins to begin running from the date of the incident that led to your injury. In certain situations, such as exposure to toxic materials or medical malpractice the time limit does not begin until you are aware that you would have known that your injury is caused by a negligent action. This is known as the discovery rule. There are also exceptional situations where the statute of limitations has been "tolled" or suspended, however these circumstances are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you've suffered injury due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are designed to pay for the losses you have suffered, such as medical bills as well as lost wages and pain and discomfort. Special damages can include funeral costs and emotional distress. If your loved one has died because of another's reckless behavior you may also be entitled to damages for wrongful death. A court must establish four factors to determine who is responsible for the harm you suffered such as breach of duty, causation, and damages. To establish a duty the defendant must be under an obligation under law to behave responsibly in a particular situation. A failure to fulfill this obligation is known as negligence. A breach of this obligation is a direct cause of the injury you sustained. The injury must have caused significant damage or caused serious harm to be able to claim damages. For instance, a car accident that resulted in a severed arm would result in significant medical expenses, and most likely the loss of wages. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim may include funeral and burial expenses for your loved one, and emotional pain you or your family members have endured. Non-financial damage is more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Keep a record of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only available if the judge or jury believes that the defendant's behavior was especially outrageous. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. In order to receive these additional damages, you must prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or an avowed indifference towards the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case will be decided. If your claim is contested by a jury, the jury will decide the amount you're awarded for your losses and injuries. In many cases however the parties will reach an agreement to settle out of court. They are able to avoid the lengthy and cost of an in-court trial. Additionally, it allows victims to receive their compensation earlier than they would should they wait for the trial process to conclude. A personal injury settlement includes both economic and non-economic damages. The former covers expenses like medical costs, lost wage and property damage. The latter include aspects such as pain and suffering and the loss of enjoyment of life. Placing a monetary value on these damages is usually difficult, but an attorney can help you determine the value of your injuries. Typically, an insurance company will offer a settlement prior to the case goes to trial. They will review the evidence that you have collected and determine how much they value your claim. You may have to file an offer letter, which includes your evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer by the insurer, which is usually less than what you asked for. Your attorney can then negotiate an equitable settlement with the insurance company. If you have an undisputed legal claim, the settlement will typically pay for medical bills and other out-of-pocket expenses related to the accident. In some instances, your settlement will also include a portion of the future treatment that your doctor predicts 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 given to children and spouses who are suffering as a result of the death of a loved one due to an accident caused by another's negligence. Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This type of payment is designed to punish the defendant and deter others from engaging in similar reckless actions. Filing an action After contacting a personal injury attorney, a person must begin collecting evidence of their losses. This could include documents such as medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should be included in an insurance claim. If the parties cannot reach a settlement the attorney for the plaintiff may start an action against the defendant. The complaint will outline the claimant's version of events, describe how the actions of the defendant harmed them, and request relief in the form of financial compensation. A summons will also be issued and personally served on the defendant as a notice that they are being sued. The defendant is then given the time to reply. During this phase each party will complete the discovery process where they examine the defenses and claims of the other. This can be a lengthy process and could require an extensive amount of documentation. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in calculating damages. They can also make a demand to the insurance company for a fair settlement. The insurance company could accept, decline or counteroffer the offer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize your recovery. A good lawyer will be able to go through all the evidence to confirm that your losses are being compensated. They can also assist you to reduce unnecessary costs and track the amount of money you're entitled. accident injury law firm allows for everyone to be compensated for their part of the responsibility if more than one party is accountable for an accident. A knowledgeable attorney can help with workers claims for compensation. Some personal injury cases require the use of experts in areas such as medicine, economics and engineering. Your lawyer will assist you in selecting a specialist who can testify to back your case. Based on the specifics of the case, it could be decided outside of court or in a trial.