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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages include the cost of your past and future medical expenses and lost wages. It also covers the pain and suffering as well as loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful action or negligence It is crucial that you act quickly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that shield individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These time limits can vary depending on the state of origin and the type of claim, and are often subjected to limited or special exemptions. In New York, for example, if you wish to file a lawsuit relating to injuries that result from a car crash the statutes of limitation are three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the time limit that applies to your particular case and ensure it is filed on time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember that even if the statute of limitations has run out however, you may be able to file additional claims for compensation related to your injuries, such as workers' compensation or Social Security disability benefits. However, it is best to speak with an attorney regarding your situation as soon as you can to ensure that they can inform you of all options. In most instances, the statute of limitations will expire on the date of the incident that led to your injury. However, in certain circumstances, such as exposure to toxic substances or medical negligence, the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was the result of a negligent act. This is called the discovery rule. There are also a few rare circumstances when the statute of limitations is “tolled” or suspended, but these cases are highly fact-specific and must be assessed by a competent 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 schedule your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person responsible for your injury. The legal term used to describe this is “damages.” There are two types of damages that are general and special. General damages are designed to compensate you for your losses such as medical expenses, lost wages, and pain and discomfort. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died due to the reckless conduct of another you may also be able to recover damages for the wrongful death. A court must establish four elements to determine the party responsible for the harm you suffered that result from a breach of duty, causation and damages. To establish the duty the defendant must be under a legal obligation to act responsibly in a specific circumstance. Failure to meet this obligation is referred to as negligence. A breach of this obligation is a direct cause for the injury you suffered. The injury must have caused serious damage or serious harm to be able to claim damages. For instance an accident in a car that caused a broken arm would have substantial medical expenses, and most likely the loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim could include funeral and burial costs for your loved one as well as emotional stress you or your family members have suffered. Non-financial damage is more difficult to quantify. Your attorney will employ different methods to calculate the worth of your suffering and pain. Keep a journal of your daily pain level and how your injuries have affected you mentally as well as physically. This will help support your claim. Many insurance companies undervalue these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only available when the judge or jury believes that the conduct of the defendant was especially outrageous. These kinds of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing facility abuse. To be eligible for these additional damages, you must demonstrate to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression or an avowed indifference towards the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your case goes to trial, a jury will determine how much to award you for your losses and injuries. In many cases the parties will reach an agreement to settle the matter outside of court. They are able to avoid the lengthy and expense of an in-court trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to be completed. The settlement for personal injuries includes both economic and other damages. The former include costs such as medical expenses, lost wage and property damage. The latter include things such as pain, suffering and 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 an agreement to settle your case prior to it goes to trial. They will review the evidence you've amassed and determine how they value your claim. You may be required to provide an order letter, together with evidence and a request for a suitable compensation amount. Vacaville injury attorneys , you will receive a counter-offer from your insurer, which is typically less than what you asked for. Your attorney will then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have a valid claim the settlement will cover your medical expenses and other out-of pocket expenses related to your accident. In some instances your settlement could include a portion of the future treatment that your doctor predicts you'll require as a result 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 kind of compensation is usually given to children and spouses who have suffered because of the death of a loved one due to an accident caused by another's negligence. Punitive damages can be awarded when the defendant is found to have been particularly negligent. This kind of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injury, they should begin to collect evidence of their losses. Documents such as medical records, police reports and insurance policies could be included. Documentation of lost income or property damage should also be included in a claim. If the parties cannot agree on an agreement, the plaintiff's attorney may file an action against the defendant. The complaint will outline the plaintiff's account of the events, explain how the defendant's actions harmed them, and seek relief in the form monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being sued. The defendant is given a certain timeframe to respond. In this phase each party will complete the discovery process where they examine the claims and defenses of the other side. It can be a long process and may involve an extensive amount of documentation. A lawyer can assist in prepare for trial by arranging expert witnesses and collecting evidence. They are also able to assist in the calculation of damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company can accept or decline the offer it, or offer a counteroffer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your payout. The right attorney will be able to look through all the evidence available to verify that your losses are compensated. They can also weed out unnecessary expenses and assist you to keep track of the money you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover for their part of the responsibility. A skilled attorney can also help with workers' compensation cases. Some personal injury cases require the assistance of experts in fields such as economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Based on the facts of a case, it could be decided outside of court or in a trial.