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How to Document Your Personal Injury Compensation Claims A personal injury attorney can help injured victims win fair compensation. Documenting your losses is essential to receiving full damages. Keep the track of the medical expenses and out of expenses out of pocket. Economic damages are a result of your future and past medical expenses and lost wages. Also covered are the pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful act, you should file a lawsuit as soon as you can. Statutes of limitations are legal time restrictions that shield parties from unnecessary litigation by preventing claims filed after the deadline has been met. These limitations of time can differ according to the state and the type of claim and are typically subject to specific or limited 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 limitations are three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can assist you determine the statute of limitations applicable to your case and ensure it is filed on time. A lawyer with experience can examine your case to determine if there are extensions or waivers that might be available. It is important to know that even if your statute of limitations has passed, you could have other claims for compensation that relate to your injuries. This includes workers' compensation and Social Security disability benefits. However, it is best to consult with an attorney about your situation as soon as you can, so that he or she can provide you with all options. In the majority of cases, your statute of limitations will expire on the date of the incident that caused you injury. However, in certain circumstances like exposure to harmful substances or medical negligence the statute of limitations does not begin to run until you have realized or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these cases are extremely specific and should be analyzed by a skilled personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to another person's wrongful behavior. Contact us to schedule an appointment for a no-cost consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. Glendale injury attorney You Tube are designed to compensate you for the expenses resulting from your injury, which includes medical bills, lost income and suffering and pain. Special damages could include funeral costs and emotional stress. If your loved one has died due to the reckless conduct of another you may also be entitled to damages for wrongful death. To hold the party responsible accountable for your injuries the court must establish four elements that include breach, duty, causation and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a specific circumstance. A failure to fulfill this obligation is called negligence. The injury you suffered is directly caused by a breach of this obligation. The injury must have caused serious damage or serious harm to qualify for damages. A car accident that causes a severed hand would result in substantial medical costs and most likely the loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one, and emotional pain you or your family members have experienced. Non-financial damages are harder to determine. Your attorney will use various methods to calculate the value of your pain and suffering. Maintaining a log of your daily pain levels and how the injuries affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Insurance companies typically undervalue these damages in order to avoid paying higher settlements. In rare cases your lawyer can pursue punitive damages, which are intended to punish the responsible party. These damages are only available if the judge or jury believes that the defendant's conduct was particularly obscene. These types of compensation are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. In order to receive these additional damages, you must demonstrate to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or an avowed indifference to the consequences of their actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your case goes to trial the jury will decide what they will award you for your injuries and losses. In many cases however, the parties will agree to settle out of court. They are able to avoid the lengthy and expense of an in-court trial. It also allows victims to receive their compensation sooner than if they waited for the trial to conclude. A personal injury settlement includes both economic and non-economic damages. The former covers costs like medical expenses, lost wage and property damage. The latter covers aspects such as suffering, pain, and loss of enjoyment your life. It isn't always easy to quantify the value on these damages, but an experienced lawyer can assist you in determining the value of your injuries. Typically, an insurance company will offer an agreement before your case goes to trial. They will look over the evidence you have collected and determine how much they value your claim. You may be required to submit a demand letter, which is accompanied by your evidence and a request for the appropriate compensation amount. The insurer will likely offer you a counter-offer which is usually lower than your requested amount. Your attorney will then negotiate with the insurance company to negotiate an equitable settlement for your injuries. If you have an appropriate claim the settlement will cover your medical expenses as well as other out-of-pocket expenses associated with your accident. In some cases the settlement may also include a portion of the future treatments that your doctor believes you will need 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 kind of compensation is typically granted to children or spouses who suffered as a result of the death of their loved ones due to an accident that was caused by the negligence of another. Punitive damages may be awarded when the defendant is found to have been negligent. This kind of compensation is designed to punish the defendant and deter others from engaging in reckless behavior. Filing an action Once a person has contacted an attorney for personal injury, they should begin to gather documentation of their losses. Documents such as medical records, police reports, and insurance policies can be included. Include documentation of property damage or income loss in your claim. If the parties fail to come to an agreement the lawyer for the plaintiff may file a suit against the defendant. The complaint will outline the claimant's version of events, describe how the defendant's actions harmed them and ask for relief in the form of financial compensation. A summons is also filed and personally served to the defendant and serves as a notice that they are being accused of a crime. The defendant is given a certain time frame in which to respond. During this process each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. This can take a significant amount of time and likely require a lot of documentation. A lawyer can help prepare for trial by arranging experts to testify and gathering evidence. They can also to assist in the calculation of damages. They may also be able to demand a fair settlement from the insurance company. The insurance company may accept, deny or counteroffer the offer. It is vital to have an attorney who knows the law to protect your rights and maximize your recovery. A good lawyer will be able to go through all the evidence available to ensure that your losses are being compensated. They can also weed out unnecessary expenses and help you to keep track of all the amount you are entitled to receive. New York law allows for each person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A skilled attorney can also help with workers compensation cases. Some personal injury cases require the assistance of experts in areas such as medicine, economics and engineering. Your lawyer will assist you choose a qualified expert to testify and help support your case. Based on the situation, some cases may go to trial, while others will settle out of the court.