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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep track of all medical expenses and out-of expenses out of pocket. Economic damages include the costs of your past and future medical expenses, as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of Limitations If you've suffered an injury because of a negligent act or negligence, it is important that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limitations that protect parties against unnecessary litigation. They prevent claims being filed after the deadline. These limitations of time can differ depending on the state of origin and claim type and are usually subject to specific or limited exemptions. For instance, in New York, if you would like to file a lawsuit relating to injuries sustained in an auto accident the statute of limitations for these kinds of cases is 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 you determine the statute of limitations applicable to your case and ensure that it is filed on time. A lawyer with experience will examine your case to determine if there are any extensions or waivers that could be possible. 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 as well as Social Security disability benefits. It is recommended to speak with an attorney about your case as soon as possible and so that he or she can provide you with all your options. In most instances, your statute of limitations will begin running from the date of the incident that caused your injury. However, in certain circumstances like 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 the negligent act. This is referred to as the discovery rule. There are also rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are very specific to the facts and need to be analyzed by a skilled personal injury lawyer. If you've been injured due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The goal of a personal injury claim is to receive financial compensation from the party accountable for your injury. The legal term for this is “damages.” There are two kinds of damages which are: general and specific. 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. Baldwin Park injury lawsuits youtube.com may include funeral costs as well as emotional distress. If a loved one died because of another's reckless behavior you may also be able to recover damages for wrongful death. A court must establish four elements in order to determine who is responsible for your injuries: duty, breach of duty, causation, and damages. To establish a defendant's obligation to be legally bound to act in a responsible manner in the specific situation. Failure to meet this obligation is referred to as negligence. The injury you sustained is directly caused by a breach of this obligation. To be eligible for damages, the injury must have caused serious damage or injury. A car accident resulting in an injury to the hand could result in significant medical expenses, and most likely the loss of income. The defendant's careless or reckless actions directly contributed to the injury. The wrongful death claim may include funeral and burial expenses for your loved one as well as emotional distress you or your family experienced. Non-financial damage is more difficult to calculate. Your attorney will employ different methods to determine the amount of your pain. Keep a journal to record your pain levels throughout the day and how your injuries affect you mentally physical, emotionally, and physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the responsible party. These damages can only be awarded when a jury or judge finds the defendant's actions to be outrageous. This kind of compensation is usually granted in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant committed the offense with malice, wantonness or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your case goes to trial, a jury will decide how much they will award you for your losses and injuries. In many cases, the parties will agree to settle their dispute outside of court. This means they can avoid the time and cost of a trial. It also allows victims to receive their compensation earlier than should they wait for the trial process to complete. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter covers aspects like suffering, pain and the loss of enjoyment your life. It can be difficult to quantify the value on these damages, however an experienced attorney can assist you in determining the value of your injuries. Insurance companies typically offer a settlement to settle your claim before it goes to trial. They will examine the evidence that you have collected and determine how much they value your claim. You may have to file an offer letter, which is accompanied by your evidence and a request for the appropriate compensation amount. The insurer is likely to send you a counter-offer, that is typically lower than the amount you request. Your lawyer can negotiate a fair settlement with the insurer. If you have an appropriate claim the settlement will pay your medical expenses and other expenses out of pocket due to your accident. In some instances your settlement could include compensation for future treatments that your doctor believes you'll require 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 due to the loss 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 kind of payment is intended to punish the defendant and to discourage others from engaging in reckless behavior. Filing a Lawsuit After contact with an attorney for personal injury, a person should begin collecting documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or lost income in your claim. If the parties are unable come to an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the defendant's actions and ask for the amount of compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being accused of a crime. The defendant is then given an appropriate amount of time to respond. During this time both sides will go through the discovery phase where each party investigates the other's claims and defenses. This can take a significant amount of time and will likely require a lot of documents. A lawyer can assist in prepare for trial by arranging for expert witnesses and obtaining evidence. They can also to assist in calculating damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company could accept the offer, reject it or make a counteroffer. It is essential to hire an experienced lawyer to protect your rights and maximize your compensation. A competent lawyer can go through all the available evidence to verify that you are being compensated for each loss. They can also assist you to cut out unnecessary costs and track the amount you're entitled to. New York law allows for everyone to be compensated for their share of the responsibility if more than one person is responsible for an accident. A knowledgeable attorney can assist with workers' compensation cases. Some personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer can assist you in locating a specialist who will be able to provide evidence to support your case. Depending on the circumstances of a case, it may be resolved outside of court or in a trial.