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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping track of your medical expenses and out of pocket expenses. Economic damages are a result of your future and past medical costs and lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of limitations If you've been injured by negligence or a negligent act, you must start a lawsuit as soon as possible. Statutes of limitations are legal time restrictions that protect individuals from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations vary by state and type of claim and they are often subject to specific or limited exceptions. For instance, in New York, if you want to file a lawsuit over injuries sustained in an automobile accident, the statute of limitations for these kinds of cases is three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability, and wrongful deaths. A lawyer can help you determine the statute of limitations applicable to your case and ensure it is filed on time. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to keep in mind that even if the statute of limitations has expired however, you may be able to file other claims for compensation that relate 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 inform you of all the options available. In the majority of cases, your statute of limitations begins to begin running from the date of the incident that caused your injury. In certain situations, such as exposure to toxic materials or medical malpractice the time limit is not set until you realize that you would have known that your injury is caused by a negligent act. This is referred to as the discovery rule. There are also a few rare circumstances when the statute of limitations has been “tolled” or suspended, however these circumstances are highly fact-specific and must be analyzed by a skilled personal injury lawyer. If you have been hurt due to someone else's wrongful actions, the attorneys at Littman & Babiarz can help. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are meant to compensate you for losses associated with your injury, which includes medical bills, lost income and suffering and pain. Funeral costs and emotional distress may be included in special damages. If your loved one has died due to reckless conduct by another, you may be able to claim wrongful death damage. A court must establish four elements to find the responsible party liable for the harm you suffered: duty, breach of duty, causation, and damages. To establish a duty the defendant must be under an obligation under law to be responsible in a specific situation. Failure to meet this obligation is known as negligence. A breach of this duty is a direct cause for the injury you sustained. The injury must have caused substantial damage or serious injury in order to be eligible for damages. For instance an accident in a car that resulted in a severed arm would result in significant medical costs and likely the loss of wages. The injury was directly caused due to the defendant's negligence or reckless actions. A claim for wrongful death could include funeral and burial costs of your loved one, as well as the emotional trauma that your family or you experienced. Non-financial damages can be more difficult to determine. Your attorney will use different methods to determine the value of your pain. Keeping a journal of your daily pain levels and how your injuries have affected your physical, mental, and emotional well-being can help support your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In some rare instances you may be able to obtain punitive damages to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's behavior was particularly outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious actions, and nursing home abuse. In order to receive these additional damages, you need to demonstrate to your lawyer that the defendant acted with willful or malicious intent, fraud or oppression, or a conscious disregard for the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you receive. If your case is heard in court, a jury will decide the amount you will be awarded for your losses and injuries. In a lot of cases parties, however, they agree to settle out of court. This lets them avoid the time and cost of a trial. This allows victims to get their compensation sooner than if they had to wait for the trial to be completed. A personal injury settlement includes both economic and non-economic damages. The former include costs like medical expenses, lost wages, and property damage. The latter include things such as suffering and loss of enjoyment of life. Placing a monetary value on these damages is often challenging however, an attorney can help you determine the value of your injuries. Insurance companies will usually offer settlements to settle your claim before it goes to trial. They will look over the evidence you have gathered and determine how much they consider your claim. You may have to file an official demand letter that is accompanied by evidence and a request for an appropriate compensation amount. The insurance company will likely send you a counter-offer, which is often lower than the amount you request. Your attorney will then negotiate an acceptable settlement with the insurer. If you have an undisputed legal claim, the settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In some cases the settlement may also include compensation for any future treatment that your doctor estimates 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 type of compensation is typically granted to spouses and children who are suffering as a result of the death of a loved one during an accident caused by another person's negligence. Punitive damages are possible if the defendant is found to have been particularly negligent. This kind of payment is intended to penalize the defendant and deter others from engaging in reckless conduct. Filing an action After contact with an attorney for personal injuries one should begin accumulating evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Documentation of lost income or property damage should also be included in a claim. If the parties fail to reach a settlement the lawyer for the plaintiff may file a suit against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally served on the defendant as a notice that they are being accused of a crime. Redding injury attorneys has the time to respond. During this phase, both parties will complete the discovery process, where they look into the claims and defenses of the other side. This can be a lengthy process and could require a great deal of documentation. A lawyer can help to prepare for trial by arranging for expert witnesses and obtaining evidence. They can also to assist in the calculation of damages. They may also submit an offer to the insurance company for an appropriate settlement. The insurance company may accept the offer, decline it, or counter-offer. It is vital to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all available evidence to confirm that you are compensated for each loss. They can also eliminate unnecessary expenses and help you to keep track of the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A skilled lawyer can also assist with workers' compensation claims. Some personal injury cases require the use of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose the right expert to provide testimony and support your case. Depending on the situation, some cases might be tried in court, while others settle out of court.