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How to Document www.youtube.com can assist victims of injuries to obtain fair compensation. To be able to claim full damages, it's important to document your losses carefully. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages cover the cost of your current and future medical expenses as well as lost wages. It also covers the pain and suffering as well as loss of companionship. Statute of Limitations If you've suffered injuries due to negligence or a negligent act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal restrictions that shield parties from unnecessary litigation by preventing claims filed after the deadline has expired. These limitations are different for each state and claim type and are usually restricted to certain or specific exceptions. In New York, for example for instance, if you want to file a lawsuit for injuries caused by a car accident the statute of limitations are three years. For other 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 determine the statute of limitations that applies to your particular case and ensure it is filed on time. A lawyer with experience can analyze your case to determine if there are any extensions or waivers that might be available. It is important to note that even the time limit has passed but you might still be able to file additional claims for compensation related to your injuries, such as workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can advise you of the options that are available. In most instances, the statute of limitations will expire on the date of the incident that led to your injury. However, in some situations, such as exposure to toxic 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 the negligent act. This is called 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 skilled personal injury attorney to analyze. Littman & Babiarz's attorneys can help you if you have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages The goal of a personal injury lawsuit is to receive financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for the losses associated with your injury, including medical bills, lost income and pain and suffering. Funeral costs and emotional distress may be included in special damages. If your loved one died due to reckless behavior by another person, you could be able to recover damages for wrongful death. To hold the party responsible accountable for your injury the court must establish four elements: duty, breach, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to behave responsibly in the given circumstance. Negligence is the inability to fulfill this obligation. A breach of this obligation is a direct cause for the injury you suffered. To be able to claim damages, the injury must have caused significant harm or significant damage. For example an accident in a car that resulted in a severed arm would have substantial medical costs and likely a loss of wages. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim might involve the funeral and burial expenses for your loved one, as well as the emotional pain that your family or you suffered. Damages that are not financial are more difficult to determine. Your attorney will use various methods to determine 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 aid in proving your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In rare cases, your attorney can pursue punitive damages, which are meant to punish the responsible party. These damages are only available when jurors or judges believe that the defendant's conduct was particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, wantonness or fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The way your case is resolved will determine the amount of compensation that you will receive. If your case goes to trial the jury will decide how much to award you for your injuries and losses. In many cases parties, however, they agree to settle their claims outside of the courtroom. They can avoid the time and cost of an in-court trial. This also allows victims to recover their compensation sooner than have if they waited for the trial to complete. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment. It isn't always easy to determine a dollar amount on these losses, but an experienced attorney can help you determine the worth of your injuries. Typically, an insurance company will usually offer a settlement before your case goes to trial. They will look over the evidence you have collected and determine how much they consider your claim. You may have to file a demand letter, which is accompanied by your evidence and an offer for a suitable compensation amount. Most likely, you will receive a counter-offer from your insurance company, which is usually less than what you asked for. Your attorney will then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate claim the settlement will pay your medical expenses as well as other out-of-pocket expenses associated with the accident. In some instances, your settlement may also include a portion of any future treatment that your doctor believes you will require as a result. 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 granted to children or spouses who have suffered due to the loss of a loved ones as a result of an accident that was caused by negligence of someone else's. You could also be eligible for punitive damages if the defendant was found to be negligent in particular. This kind of compensation is intended to punish the defendant and deter others from engaging in similar reckless actions. Filing an action After contact with an attorney for personal injury the client must begin collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include evidence of damage to property or income loss in your claim. If the parties are unable reach a settlement the lawyer for the plaintiff may make a claim against the defendant. The complaint will detail the claimant's account, explain the actions of the defendant, and request for monetary compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant will then have the time to respond. During this phase each party will complete the discovery process where they examine the claims and defenses of the other. This can take a significant amount of time, and will likely require a significant amount of documentation. A lawyer can assist in prepare for trial by arranging experts to testify and gathering evidence. They can also assist in calculating damages. They can also demand an appropriate settlement from the insurance company. The insurance company could accept or decline the offer it, or offer a counteroffer. It is vital to have an attorney who knows the law in order to protect your rights and maximize the amount of compensation you receive. An experienced attorney will be able to go through all the evidence to confirm that your losses are compensated. They can also weed out unnecessary expenses and help to keep track of the funds you are entitled receive. New York law allows for every person to be compensated for their share of the blame if more than one party is accountable for an accident. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the use of experts in areas like economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Based on the situation, some cases could go to trial while others will settle outside of court.