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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help injured victims get fair compensation. Documenting your losses is essential to receiving full damages. This includes keeping an eye on your medical treatment and out-of-pocket expenses. Economic damages include the cost of your current and future medical expenses, as well as lost wages. It also covers your pain and suffering, as well as the loss of companionship. Statute of Limitations If you have been injured because of a negligent act or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations runs out. Statutes of limitations are legal time limits that safeguard parties from unnecessary litigation. They stop claims from being filed after the deadline. These time limits can vary depending on the state and the type of claim and are typically subject to specific or limited exemptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help determine the time limit that applies to your particular case and ensure it is filed on time. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations in your case. West Covina injury lawsuits youtube.com is important to note that even if the statute of limitations has expired, you may still be able to file other claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. It is recommended to consult with an attorney regarding your case as soon as you can to ensure that he or she can provide you with all your options. In the majority of cases, the statute of limitations starts to run on the date of the incident which caused your injury. In some instances, like exposure to toxic substances or medical malpractice, the limitation period is not established until you recognize that you should have known, that your injury is caused by a negligent act. This is known as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury attorney to analyze. If you've suffered injury because of someone else's negligent behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule 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 types of damages that are general and special. General damages are meant to provide you with compensation for your losses like medical bills as well as lost wages and pain and discomfort. Special damages may include funeral expenses and emotional distress. If a loved one passed away due to the reckless conduct of another, you can also recover wrongful death damages. To hold the party responsible accountable for your injuries, a court must establish four elements which are breach, duty, damages and causation. To establish the duty of a defendant to act responsibly, they must be legally bound to act responsibly in the specific circumstance. Negligence is the failure to perform this duty. The injury you suffered is directly resulting from a breach of this obligation. The injury must have caused serious damage or serious injury to qualify for damages. For instance an accident in a car which resulted in a fractured arm would have substantial medical expenses and possibly the loss of wages. The defendant's reckless or careless actions directly contributed to the injury. The wrongful death claim can include funeral and burial costs for your loved one as well as emotional stress you or your family have experienced. Non-financial damages are harder to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Maintaining a log of your pain levels throughout the day and how the injuries affected your physical, mental, and emotional well-being can help support your claim for these damages. Insurance companies typically undervalue these damages to avoid paying higher settlements. In rare instances the attorney may pursue punitive damages, which are meant to punish the negligent party. These damages are only available if a judge or jury feels that the defendant's behavior was particularly obscene. These kinds of compensation are usually awarded in cases of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To receive these additional damages the lawyer must prove that the defendant acted in a manner that was ill-intentional, shrewd or fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case will be determined. If your claim goes to trial, a jury will determine how much to award you for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. This lets them avoid the time and expense of a trial. It also allows victims to recover their compensation earlier than should they wait for the trial to conclude. The settlement for personal injuries includes both economic and other damages. The former covers costs such as medical expenses, lost wage and property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment your life. It can be difficult to determine a dollar amount on these losses, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies will usually offer an agreement to settle your case before it goes to trial. They will look over the evidence that you have collected and determine how much they consider your claim. You might be required to submit an order letter, along with your evidence and a request for a suitable compensation amount. The insurer will likely offer you a counter-offer which is usually lower than the amount you request. Your attorney will then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate claim the settlement will pay your medical expenses as well as other out-of pocket expenses related to the accident. In some instances, your settlement will also include compensation for future treatments that your doctor believes 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 given to children and spouses who are suffering due to the death of a loved one in an accident caused by another person's negligence. You could also be eligible for punitive damages if the defendant was found to be especially negligent. This kind of payment is designed to penalize the defendant and discourage others from engaging in similar reckless actions. Filing a Lawsuit After contact with a personal injury attorney one must begin collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage should be included in a claim. If the parties are unable to reach an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant and request for the amount of compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant then has a certain amount of time to reply. During this time, both sides will complete the discovery phase, where each party investigates the other's claims and defenses. This can take a significant amount of time and will likely require a lot of documentation. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in the calculation of damages. They can also demand a fair settlement from the insurance company. The insurance company could accept or decline the offer it, or counter-offer. It is essential to have an attorney who is familiar with the law to protect your rights and maximize your recovery. An experienced attorney will be able to look through all the evidence available to confirm that your losses are compensated. They can also help you eliminate unnecessary expenses and help to keep track of the amount you are entitled to receive. New York law allows for every person to be compensated for their share of the responsibility if more than one person is responsible for an accident. An experienced attorney can assist with workers claims for compensation. Some personal injury cases require the use of experts in areas like economics, medicine and engineering. Your lawyer will help you select a specialist who can provide testimony to back your case. Based on the specifics of a case, it can be decided outside of court or in a trial.