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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. The process of documenting your losses is vital to receiving full damages. Keep track of all medical expenses and out-of pocket costs. Economic damages cover the costs of your past and future medical expenses as well as lost wages. It also covers suffering and pain as well as loss of companionship. Statute of limitations If you've been injured by the negligence of someone else or by a wrongful action, you should begin a lawsuit as quickly as you can. Statutes of limitation are legal time limits that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations vary by state and type of claim and are usually subject to special or limited exceptions. For instance, in New York, if you want to file a lawsuit relating to injuries that result from an automobile accident, the statute of limitations for these kinds of cases is three years. For civil actions that involve negligence, such as medical malpractice, product liability and 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 in a timely manner. A lawyer with experience can examine your case to determine if there are any extensions or waivers that may be possible. It is important to note that even the time limit has passed but you might still be able to file other claims for compensation related to your injuries, including workers compensation or Social Security disability benefits. However, it is advised to consult with an attorney about your situation as soon as you can and so that he or she can advise you of all your options. In the majority of instances, the statute of limitations begins to run from the date of the incident that caused your injury. However, in certain situations such as exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you realize or should have known that your injury was caused by the negligent action. This is known as the discovery rule. There are also exceptional situations where the statute of limitations has been “tolled” or suspended, but these situations are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you were injured as a result of another person's wrongful behavior. Contact us today to arrange an appointment for a no-cost consultation. Damages The purpose of a personal injury claim is to obtain financial compensation from the person responsible for your injury. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are designed to compensate you for the losses associated with your injury, which includes medical expenses, lost income and suffering and pain. Special damages may include funeral costs and emotional distress. If a loved one died due to a reckless act of another, you can also recover wrongful death damages. To hold the party responsible accountable for your injuries, a court must determine four elements: duty, breach, causation and damages. To establish the duty of a defendant, they must be legally bound to act in a responsible manner in the particular situation. Failure to meet this obligation is called negligence. A breach of this obligation is a direct cause of the injury you sustained. The injury must have caused significant damage or serious harm to be able to claim damages. For instance a car crash that caused a broken arm could result in substantial medical expenses, and most likely an interruption in wages. The defendant's reckless or careless actions directly contributed to the injury. The wrongful death claim could include funeral and burial expenses for your loved one and emotional pain you or your family suffered. Non-financial damages are harder to determine. Your attorney will use different methods to calculate the worth of your pain and suffering. Keep a journal to record your daily pain level and how your injuries have affected you mentally physical, emotionally, and physically. This can help you to support your claim. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In rare instances your lawyer can seek punitive damages, which are intended to punish the responsible party. These damages can only be awarded when the judge or jury finds the defendant's behavior to be outrageous. These types of compensations are typically awarded in the case of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To obtain these additional damages, your lawyer must prove that the defendant acted with malice, willful, fraud, oppression, or with a lack of awareness of the consequences of their actions. Settlements How your case is decided will determine the amount of compensation you receive. If your claim is contested in court, a jury will decide the amount you will be awarded for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. This means they can avoid the time and expense of a trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to conclude. The settlement for personal injuries includes damages that are both economic and non-economic. The former includes costs such as medical expenses as well as lost wages and property damage. The latter covers aspects like pain, suffering and loss of enjoyment your life. It isn't always easy to quantify the value on these losses, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will usually offer an agreement before your case goes to trial. They will look over the evidence you've gathered and decide what they believe your claim is worth. You may be required to provide a letter of demand, together with evidence and an offer for a reasonable amount of compensation. You will most likely receive a counter-offer from your insurer, which is typically less than what you asked for. Your lawyer can negotiate an acceptable settlement with the insurer. If you have an appropriate claim, the settlement will cover your medical expenses and other out-of pocket expenses associated with the accident. In some cases the settlement could also include compensation for any future treatment that your doctor estimates that you will require as a result of 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 awarded to spouses or children who have suffered due to the death of a loved ones due to an accident caused by the negligence of another. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This kind of compensation is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injury, they should begin to collect evidence of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties fail to come to an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant and request for the amount of compensation. A summons is also issued and personally served on the defendant as a notice that they are being sued. The defendant has a limited time frame in which to respond. In this process both sides will go through the discovery phase, where each party investigates the defenses and claims of the other. This could take a considerable amount of time and likely involve a lot of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company could accept, decline or counter-offer the offer. It is crucial to hire an attorney who knows the law to safeguard your rights and maximize the amount of compensation you receive. The right attorney can go through all the evidence available to ensure that your losses are compensated. They can also assist you to cut out unnecessary expenses and keep track of the amount you're entitled to. Riverside injury lawsuits allows for every person to be compensated for their share of the responsibility in cases where more than one person is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases may require the use experts in areas like economics, medicine, or engineering. Your lawyer will assist you choose a qualified expert to testify and help support your case. Based on the circumstances, certain cases might be tried in court, while others settle out of court.