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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. To receive full damages, it is essential to record your losses in a meticulous manner. Keep track of all medical expenses and out-of expenses out of pocket. Economic damages cover your past and future medical expenses as well as lost wages. Also, it covers the pain and suffering and loss of companionship. Statute of limitations If you've suffered an injury because of a negligent negligence or action, it is important to act swiftly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ according to the state and claim type, and are often subjected to specific or limited exemptions. For example in New York, if you would like to bring a lawsuit for injuries that result from an automobile accident the statute of limitation for these types of cases is three years. For civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the time limit applicable to your case and ensure it is filed in a timely manner. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to note that even if the statute of limitations has run out however, you may be able to make claims for compensation related to your injuries, including workers' compensation or Social Security disability benefits. It is best to consult an attorney as early as you can regarding your case, so that they can inform you of the various options available. In the majority of instances, the statute of limitations begins to expire on the date of the incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice the limitation period is not established until you are aware, or reasonably would have known that your injury is result of a negligent act. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be assessed by a competent personal injury lawyer. If you've been injured by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to arrange a 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 types of damages: general and special. General damages are meant to pay for the losses you have suffered like medical bills, lost wages, and discomfort and pain. Funeral expenses and emotional distress could be included in the special damages. If your loved one died due to reckless behavior by a third party, you could be able to claim wrongful death damage. To hold the party responsible accountable for your injury, a court must determine four elements that include breach, duty, damages and causation. To establish a defendant's obligation to act responsibly, they must be legally bound to act responsibly in the particular situation. Negligence is the failure to perform this obligation. The injury you suffered is directly caused by a violation of this obligation. The injury must have caused significant damage or serious injury to qualify for damages. A car accident that causes an injury to the hand could result in significant medical expenses, and most likely a loss of income. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim might include funeral and burial costs for your loved one and emotional distress that your family or you suffered. Non-financial damages are harder to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a record of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can aid in your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the party who was negligent. These damages are only granted when the judge or jury finds the defendant's behavior to be particularly obscene. This type of compensation is usually granted in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant committed the offense with malice, wantonness, fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements The amount you receive for your injuries depends on how your case is decided. If your case goes to trial the jury will decide what they will pay you for your losses and injuries. In many cases however the parties will agree to settle their dispute outside of court. This lets them save the time and money of a trial. This also allows victims to recover their compensation sooner than they would have if they waited for the trial to conclude. The settlement for a personal injury includes damages that are both economic and non-economic. The former includes costs such as medical expenses, lost wages and property damage. The latter include aspects such as suffering and loss of enjoyment of life. The process of determining a value for these damages is usually difficult however an attorney can help you determine what your injuries are worth. Insurance companies will usually offer a settlement to settle your case prior to it goes to trial. They will review the evidence you've gathered and decide what they believe your claim is worth. You may be required to submit an official demand letter that is accompanied by your evidence and an offer for a suitable compensation amount. The insurer will likely send you a counter-offer, that is typically lower than your requested amount. Your attorney can then negotiate an acceptable settlement with the insurance company. If you have a valid claim the settlement will pay your medical expenses as well as other expenses out of pocket related to the accident. In certain instances your settlement could include a portion of the future treatments that your doctor believes you will need due to 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 awarded to spouses and children who have suffered as a result of the death of a loved one due to an accident caused by another person's negligence. You may also receive punitive damages if the defendant is found to be negligent in particular. This type of compensation is designed to penalize the defendant and deter others from engaging in reckless behavior. Filing an action After a person has spoken with a personal injury lawyer the next step is collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include documentation of damage to your property or lost income in your claim. If the parties are unable come to an agreement 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 the amount of compensation. A summons is also filed and personally handed over to the defendant. This is a notice that they are being sued. The defendant then has the time to respond. In this stage each party will complete the discovery process, where they investigate the claims and defenses of the other party. This could take a considerable amount of time, and will likely require a lot of documentation. A lawyer can help prepare for trial by arranging for experts to testify and gathering evidence. They can also to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept or decline the offer it, or counter-offer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. A good lawyer will be able to go through all the evidence to ensure that your losses are compensated. They can also assist you to cut out unnecessary expenses and track the money you're entitled to. New York law allows for everyone to be compensated for their share of the responsibility in cases where more than one party is accountable for an accident. An experienced attorney can help with workers compensation cases. Certain personal injury cases require the assistance of experts in fields such as medicine, economics and engineering. Buena Park injury lawyers will assist you select an appropriate specialist to testify in support of your case. Depending on the situation, some cases may be tried in court, while others will settle out of the court.