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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. To receive full damages, it's important to document your losses carefully. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages are a result of your past and future medical expenses as well as lost wages. Also, it covers pain and suffering and loss of companionship. Statute of Limitations If you've suffered injuries due to someone else's negligence or wrongful action, you should start a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that shield the parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These limitations of time can differ according to the state and the type of claim and are typically subject to specific or limited exemptions. For instance in New York, if you would like to bring a lawsuit for 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 malpractice, product liability, and accidental deaths. A lawyer can assist you determine the statute of limitations that applies to your case and ensure that it is filed in a timely manner. A knowledgeable lawyer can analyze your case and suggest any possible extensions or waivers of the statute of limitations in your case. It is important to remember that even the statute of limitations has run out, you may still be able to file additional claims for compensation related to your injuries, including workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can provide you with the options available. In the majority of cases, your statute of limitations starts to run from the date of the underlying incident that caused your injury. However, in certain circumstances, such as exposure to harmful substances or medical negligence the statute of limitations does not begin to run until you realize or ought to have realized that your injury was caused by a negligent action. This is called the discovery rule. There are also some exceptional situations where the statute of limitations has been “tolled” or suspended, but these situations are extremely specific and should be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured by an unintentional act of another. Contact us today to arrange a free consultation. Damages The purpose of a personal injury claim is to get financial compensation from the person accountable for your injury. The legal term used to describe this is “damages.” There are two kinds of damages: general and special. General damages are intended to compensate you for losses associated with your injury, including medical bills, lost income and pain and suffering. Funeral expenses and emotional distress may be included in special damages. If your loved one passed away due to reckless conduct by a third party, you could be able to claim wrongful death damage. To hold the person responsible accountable for your injury, a court must establish four elements which are breach, duty, damages and causation. To establish the duty of a defendant to be legally bound to act responsibly in the given circumstance. In the event of a breach of this obligation is referred to as negligence. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused substantial damage or serious harm to qualify for damages. For instance a car crash that caused a broken arm would have substantial medical costs and likely the loss of wages. Santa Clara injury lawyer or negligent actions directly caused the injury. The wrongful death claim may include funeral and burial costs for your loved one, as well as emotional stress you or your family have endured. Non-financial damages are harder to determine. Your attorney will employ various methods to calculate the value of your pain and suffering. Keep a journal of your daily pain level as well as how your injuries affect you mentally as well as physically. This can help you prove your case. Many insurance companies undervalue these damages in order to avoid paying larger settlements. In some rare instances, you can seek punitive damages to punish the responsible party. These damages are only available when jurors or judges believe that the defendant's behavior was particularly outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, or malicious actions, and nursing home abuse. To get these additional damages, you need to demonstrate to your lawyer that the defendant's actions were motivated by malice, willfulness, 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 goes to trial the jury will decide what they will pay you for your losses and injuries. In many cases parties, however, they agree to settle outside of the courtroom. This means they can save the time and money of a trial. Additionally, it allows victims to receive their compensation sooner than have if they waited for the trial process to complete. The settlement for personal injuries will include both economic and other damages. The former include costs like medical expenses, lost wages, and property damage. The latter include aspects like suffering and loss of enjoyment. The process of determining a value for these damages can be difficult, but an attorney can help you determine the value of your injuries. Typically an insurance company will offer a settlement before your case goes to trial. They will review the evidence that you have collected and determine how much they will consider your claim. You may have to send an official demand letter that is accompanied by evidence and an offer for a suitable compensation amount. The insurer is likely to send you a counter-offer, that is typically lower than the amount you request. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid claim the settlement will cover your medical expenses as well as other expenses out of pocket related to the accident. In some cases your settlement could include compensation for any future treatment that your doctor estimates you'll require 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 granted to children or spouses who have suffered because of the death of a loved ones due to an accident caused by the negligence of another. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This type of compensation is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After contacting an attorney for personal injuries, a person should begin accumulating 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 are unable to come to an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the defendant's actions and ask for an amount of money. A summons is also filed and personally delivered to the defendant. It is a formal notice that they are being accused of a crime. The defendant is then given a certain amount of time to respond. During this phase the parties will go through the discovery process in which they look into the claims and defenses of the other. This could take a considerable amount of time, and will likely require a lot of documents. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for a fair settlement. The insurance company can accept the offer, decline it, or offer a counteroffer. It is essential to hire an experienced lawyer to protect your rights and maximize your payout. An experienced attorney will be able to go through all the evidence available to ensure that your losses are compensated. They can also help you cut out unnecessary costs and track the amount of money you're entitled. If more than one person is responsible for the accident, New York law allows each of them to recover for their share of responsibility. A knowledgeable attorney can assist with workers claims for compensation. Some personal injury cases might require the assistance of experts in fields such as economics, medicine, or engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the circumstances of a case, it may be decided outside of court or in a trial.