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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist victims of injuries to obtain fair compensation. In order to receive the full amount of damages, it's important to document your losses carefully. Keep an eye on all medical expenses as well as out-of pocket costs. Economic damages are a result of the future and past medical costs and lost wages. Also, it covers the pain and suffering as well as loss of companionship. Statute of Limitations If you have been injured by a negligent negligence or action it is imperative to act swiftly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These time limits can vary depending on the state of origin and claim type and are typically subject to limited or special exemptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. The time limit for civil actions which involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help determine the time limit that applies to your particular case and ensure it is filed in a timely manner. An experienced lawyer can analyze your case to determine if there are extensions or waivers that could be available. It is important to keep in mind that even if the time limit has passed but you might still be able to file other claims for compensation related to your injuries, such as workers' compensation or Social Security disability benefits. However, it is advised to consult an attorney about your case as soon as possible, so that they can inform you of all options. In the majority of cases, the statute of limitations starts to run on the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice the time limit is not established until you realize that you could have realized that your injury is caused by a negligent action. This is known as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. If you've suffered injury because of someone else's negligent conduct, the attorneys at Littman & Babiarz can help. Contact us today to arrange a free consultation. Damages The goal of a personal injury lawsuit is to obtain financial compensation from the party responsible for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are meant to compensate you for your losses, such as medical bills or lost wages, as well as discomfort and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one died due to reckless conduct by another, you may be able to claim wrongful death damage. A court must establish four elements in order 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 act responsibly in a specific situation. In the event of a breach of this obligation is known as negligence. The injury you suffered is directly caused by a breach of this duty. The injury must have caused substantial damage or serious harm in order to be eligible for damages. For example, a car accident which resulted in a fractured arm would result in significant medical expenses and possibly the loss of wages. The defendant's careless or reckless actions directly led to the injury. The wrongful death claim may include funeral and burial costs for your loved one as well as emotional stress you or your family members have suffered. Non-financial damages are more difficult to calculate. Your attorney will use a variety of methods to calculate the value of your pain and suffering. Keep a journal of your daily pain level and how your injuries have affected you mentally, physically, and emotionally. This will help support your claim. Insurance companies often undervalue these damages to avoid paying more settlements. In rare cases, you can seek punitive damages to punish the responsible party. These damages can only be awarded if a jury or judge finds the defendant's conduct to be outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To receive these additional damages the lawyer must prove that the defendant committed the offense with malice, willful or fraud, oppression, or a conscious disregard for 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 the jury will determine how much they will pay you for your injuries and losses. In many cases however the parties will reach an agreement to settle their dispute outside of court. This means they can save the time and money of a trial. This means that victims can receive their compensation earlier than those who had to wait for the trial to conclude. A personal injury settlement can include both economic and non-economic damages. Chino injury attorneys like medical expenses, lost wage and property damage. The latter includes aspects such as pain, suffering and loss of enjoyment of your life. The process of determining a value for these damages is usually difficult however an attorney can help determine what your injuries are worth. Insurance companies typically offer settlements to settle your case prior to it goes to trial. They will examine the evidence you've collected and decide what they believe your claim is worth. You may be required to provide an order letter, along with your evidence and a request for a suitable compensation amount. The insurance company will likely make a counter-offer which is usually lower than your requested amount. Your lawyer can negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have a valid legal claim, the settlement will typically pay for medical bills as well as other out-of-pocket expenses due to the accident. In certain cases the settlement could also include a portion of any future treatment your doctor believes you will require due to 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 type of compensation is typically given to children or spouses who have suffered due to the death of a loved one as a result an accident that was caused by the negligence of another. Punitive damages are possible if the defendant is found to have been particularly negligent. This type of payment is intended to punish the defendant and to discourage others from engaging in reckless conduct. Filing a Lawsuit After contact with a personal injury attorney one should begin collecting documentation of their losses. Documents like medical records, police reports and insurance policies could be included. Include documentation of property damage or income loss in your claim. If the parties cannot reach an agreement, the plaintiff's attorney may start an action against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant harmed them, and request relief in the form monetary compensation. A summons will also be filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant is given a specific amount of time in which to respond. In this stage each party will complete the discovery process in which they examine the defenses and claims of the other. This could take a considerable amount of time, and will likely involve a lot of documents. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also demand a fair settlement from the insurance company. The insurance company can accept the offer, decline it, or counter-offer. It is essential to have an attorney who knows the law in order to protect your rights and maximize your recovery. A competent lawyer can go through all available evidence to verify that you are being paid for every loss. They can also assist you to eliminate unnecessary expenses and track the amount you're entitled to. New York law allows for each person to be compensated for their share of the responsibility if more than one person is responsible for an accident. An experienced attorney can assist with workers claims for compensation. Certain personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to testify in support of your case. Based on the circumstances, some cases might go to trial, while others will settle outside of court.