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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries receive fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are a result of the future and past medical expenses and lost wages. Also covered are suffering and pain and loss of companionship. Statute of limitations If you've been injured by someone else's negligence or wrongful action, you should begin a lawsuit as quickly as possible. Statutes of limitations are legal time restrictions which protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. These limitations of time can differ according to the state and the type of claim and are usually subject to special or limited exemptions. 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. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and accidental deaths. A lawyer can help determine the statute of limitation that applies to your case and ensure that it is filed on time. An experienced lawyer will review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember 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 recommended to speak with an attorney as soon as you can with regards to your situation, so they can advise you of the options available. In most cases, the statute of limitations starts to run from the date of the underlying incident that caused your injury. However, in some situations, such as exposure to toxic substances or medical negligence the statute of limitations will not begin to run until you realize or ought to have realized that your injury was caused by the negligent act. This is known as the discovery rule. There are some rare situations where the statute of limitation is “tolled”, or suspended. These cases are factual and require a skilled personal injury lawyer to look into. The attorneys at Littman & Babiarz can assist you if were injured as a result of the negligence of another. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are designed to compensate you for the costs resulting from your injury, such as medical bills, lost income and suffering and pain. Funeral expenses and emotional stress may be included in special damages. If your loved one has died due to reckless behavior by another, you may be able to claim damages for wrongful death. To hold the responsible party accountable for your injuries, a court must establish four elements which are breach, duty, damages and causation. To establish the duty of a defendant to be legally bound to act in a responsible manner in the specific circumstance. Failure to meet this obligation is known as negligence. The injury you suffered was directly caused by a violation of this obligation. The injury must have caused serious 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 significant medical expenses and most likely loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one, and emotional pain you or your family members have endured. The non-financial damages are more difficult to quantify. Your attorney will employ different methods to determine the value of your pain. Keeping a journal of your daily pain levels and how the injuries affected your mental, physical, and emotional well-being can aid in proving your claim for these damages. Fremont injury lawyers undervalue these damages to avoid paying more settlements. In rare cases the attorney may pursue punitive damages, which are meant to penalize the party who was negligent. These damages are only available if a judge or jury feels that the conduct of the defendant was particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, wantonness or fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation you will receive. If your case goes to trial, a jury will decide what to award you for your injuries and losses. In a lot of cases parties, however to settle their claims outside of court. This means they can 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 conclude. A personal injury settlement can include both economic and non-economic damages. The former covers costs like medical expenses, lost wage and property damage. The latter includes aspects like suffering, pain, and the loss of enjoyment your life. Placing a monetary value on these damages is often challenging, but an attorney can help you determine the value of your injuries. Insurance companies typically offer a settlement to settle your case before it goes to trial. They will examine the evidence you have collected and determine how much they value your claim. You may need to submit an official demand letter that includes your evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer from your insurer, which is usually lower than the amount you requested. Your attorney can then negotiate an acceptable settlement with the insurance company. If you have a valid claim the settlement will cover the cost of your medical treatment and other out-of pocket expenses due to your accident. In some instances, your settlement may also include compensation for any future treatment that 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 and spouses who are suffering because of the loss of a loved one in 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 kind of compensation is designed to penalize the defendant and discourage others from engaging in reckless behavior. Filing an action After a person has spoken with an attorney for personal injuries and has been advised to gather documentation of their losses. This could include documents such as medical records as well as police reports and insurance policies. Include evidence of damage to property or lost income in your claim. If the parties are unable to come to an agreement, the plaintiff's lawyer may file a suit against the defendant. The complaint will detail the claimant's version of events, describe how the actions of the defendant hurt them, and request relief in the form of 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. In this stage the parties will go through the discovery process, where they look into the claims and defenses of the other party. This could take a considerable amount of time and likely involve a lot of documentation. A lawyer can assist in prepare for trial by arranging for experts to testify and gathering evidence. They can also help calculate damages. They can also demand an appropriate settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is essential to have an attorney who knows the law to safeguard your rights and maximize your recovery. An experienced attorney will be able to go through all the evidence available to verify that your losses are being compensated. They can also assist you to reduce unnecessary costs and track the money you're entitled to. If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer will help you choose a qualified expert to provide testimony and support your case. Depending on the circumstances, certain cases could go to trial, while others will settle outside of the court.