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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. It is crucial to document your losses to receive the full amount of damages. This includes keeping an eye on your medical expenses and out-of-pocket expenses. Economic damages cover the cost of your current and future medical expenses, as well as lost wages. It also covers your pain and suffering and the loss of companionship. Statute of limitations If you've been injured due to negligence or a negligent action, you should start a lawsuit as soon as you can. Statutes of limitation are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by state and claim type and are usually subject to special or limited exceptions. In New York, for example when 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 wrongful deaths. A lawyer can help you determine the time limit that applies to your case and ensure it is filed in a timely manner. An experienced lawyer will analyze your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. You should be aware that even the time your statute of limitations is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so that they can provide you with the various options available. In the majority of cases, your statute of limitations starts to run on the date of the incident that caused your injury. In certain situations, such as exposure to toxic substances or medical malpractice the statute of limitation is not established until you are aware that you could have realized that your injury was result of a negligent act. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations has been “tolled” or suspended, but these cases are very specific to the facts and need to be assessed by a competent personal injury lawyer. If you've been injured by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us today to arrange an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person who is responsible for your injury. The legal term used to describe this is “damages.” There are two kinds of damages that are general and special. General damages are designed to compensate you for your losses, such as medical bills as well as lost wages and pain and discomfort. Funeral expenses and emotional distress may be included in special damages. If your loved one passed away due to reckless conduct by another person, you could be able recover damages for wrongful death. To hold the responsible party accountable for your injury the court must establish four elements that include breach, duty, causation and damages. To establish a duty, the defendant must have the legal obligation to be responsible in a specific circumstance. A failure to fulfill this obligation is referred to as negligence. The injury you sustained is directly resulting from a breach of this obligation. The injury must have caused substantial damage or caused serious harm to be able to claim damages. A car accident that causes an injury to the hand could cause significant medical expenses, and most likely loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A claim for wrongful death could be a result of the funeral and burial costs for your loved one and emotional distress that you or your family felt. Non-financial damage is more difficult to quantify. Your lawyer will employ a variety of methods to determine the value of your pain. Keeping a journal of your daily pain levels and how the injuries have affected your mental, physical and emotional health can help support your claim for these damages. Many insurance companies undervalue these damages in order to avoid paying higher settlements. In some cases your lawyer can pursue punitive damages. These are meant to punish the responsible party. These damages are only available if a judge or jury feels that the conduct of the defendant was especially outrageous. This type of compensation is typically awarded in cases of drunk driving accidents, intentional or malicious acts, and nursing home abuse. To get these additional damages, you must prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or a conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is decided. If your claim is tried by a jury, the jury will decide the amount you will be awarded for your injuries and losses. In a lot of cases parties, however, they agree to settle out of the courtroom. This allows them to avoid the time and expense of a trial. This also allows victims to receive their compensation earlier than have if they waited for the trial process to conclude. The settlement for personal injuries includes the economic as well as other damages. The former includes costs such as medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain and loss of enjoyment your life. It isn't always easy to put a monetary amount on these damages, however an experienced attorney can assist you in determining the value of your injuries. Insurance companies will usually offer an agreement to settle your case before it goes to trial. They will examine the evidence you've gathered and decide what they believe your claim is worth. You might be required to submit an official letter of demand along with your evidence and a request for a suitable amount of compensation. You will most likely receive a counter-offer from the insurer, which is usually lower than what you requested. Your attorney will then negotiate a fair settlement with the insurance company. If you have an undisputed legal claim, the settlement will typically cover medical expenses and other out-of-pocket expenses related to the accident. In certain instances the settlement may also include compensation for any future treatment that your doctor estimates you will need because 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 usually given to children or spouses who suffered as a result of the death of their loved one as a result an accident that was caused by the negligence of another. You may also receive punitive damages if the defendant was found to be especially negligent. This kind of compensation is intended to punish the defendant and discourage others from engaging in similar reckless behavior. Filing a Lawsuit Once a person has contacted an attorney for personal injuries, they should begin to gather documentation of their losses. Documents like medical records, police reports and insurance policies may be included. Include documentation of damage to your property or lost income in your claim. If the parties cannot agree on an agreement, the plaintiff's attorney may bring an action against the defendant. The complaint will detail the claimant's version of events, outline how the actions of the defendant hurt them, and seek relief in the form of monetary compensation. A summons is also filed and delivered to the defendant. This is a notice that they are being accused of a crime. The defendant will then have a certain amount of time to respond. In this process each side will complete the discovery phase, where each side investigates the defenses and claims of the other. 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 expert witnesses and collecting evidence. They will also be able to assist in calculating damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company could accept, deny or counter-offer the offer. It is crucial to have a knowledgeable lawyer to protect your rights and maximize your payout. A competent lawyer can go through all available evidence to confirm that you are paid for every loss. They can also help you eliminate unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for each person to be compensated for their part of the responsibility in cases where more than one party is responsible for an accident. A competent lawyer can assist with claims for workers' compensation. Some personal injury cases might require the use experts in areas like economics, medicine, and engineering. Your lawyer will assist you choose a qualified expert to testify and help support your case. Depending on Inglewood injury attorneys You Tube of the case, it could be decided out-of-court or at trial.