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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. To be able to claim full damages, it is important to document your losses carefully. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages are a result of your future and past medical expenses and lost wages. It also covers your suffering and pain and the loss of companionship. Statute of Limitations If you've been injured by negligence or a negligent act, you should begin a lawsuit as quickly as you can. Statutes of limitations are legal restrictions that shield parties from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. The time limitations vary by state and type of claim, and are typically subject to special or limited exceptions. For example in New York, if you are seeking to bring a lawsuit for injuries that result from an automobile accident, the statute of limitations for these types of cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can help determine the statute of limitations applicable to your case and ensure it is filed in a timely manner. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations that are in effect. It is important to be aware that even the time your statute of limitations has expired you may still have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can inform you of the options that are available. In the majority of instances, the statute of limitations will run from the date of the incident that led to your injury. However, in certain circumstances, such as exposure to toxic substances or medical malpractice, the statute of limitations will not start to run until you realize or reasonably should have realized that your injury was 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 scenarios are factual and require an experienced personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can help you if you have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages A personal injury claim seeks financial compensation from the person responsible for your injury. Damages is the legal term used to describe this. There are two kinds of damages, general and special. General damages are intended to compensate you for the expenses resulting from your injury, which includes medical bills, lost income, and suffering and pain. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one died due to reckless conduct by another person, you could be able to claim wrongful death damage. A court must establish four elements in order to determine who is responsible for the harm you suffered: duty, breach of duty, causation and damages. To establish the duty, the defendant must have a legal obligation to be responsible in a particular situation. A failure to fulfill this obligation is referred to as negligence. The injury you sustained is directly caused by a violation of this duty. To qualify for damages, the injury must have caused serious harm or caused significant damage. A car crash that results in an injury to the hand could result in significant medical expenses and, most likely, the loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one, and emotional pain you or your family members have experienced. Damages that are not financial are more difficult to quantify. Your attorney will use a variety of methods to calculate the value of your suffering and pain. Keep a diary to document your daily pain level as well as how your injuries have affected you mentally as well as physically. This can help you prove your case. Insurance companies tend to undervalue these damages to avoid paying more settlements. In rare cases you may be able to obtain punitive damages to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly outrageous. This type of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To be eligible for these additional damages, you need to demonstrate 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 will be resolved. If your case is heard by a jury, the jury will decide the amount you will be awarded for your losses and injuries. In many cases the parties will agree to settle their dispute outside of court. They are able to avoid the time and expense of a court trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to be concluded. 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 includes aspects such as pain, suffering and the loss of enjoyment your life. Calculating a dollar value for these damages is usually difficult however an attorney can help determine what your injuries are worth. Insurance companies typically offer an agreement to settle your case prior to it goes to trial. They will look over the evidence that you have gathered and determine how much they will consider your claim. You may need to file an official demand letter that is accompanied by your evidence and an offer for a suitable compensation amount. You will most likely receive a counter-offer from your insurer, which is typically lower than what you requested. Your attorney will then negotiate with the insurer to reach an acceptable settlement for your injuries. If you have an undisputed legal claim, your settlement will generally cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases your settlement could include a portion of any future treatment that your doctor predicts you'll require due to 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 given to children and spouses who are suffering because of the loss of a loved one during an accident caused by another person's negligence. You may also receive punitive damages if you were found to be particularly negligent. This type of compensation is designed to punish the defendant, and to discourage others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injuries, a person must begin collecting evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Include evidence of damage to property or lost income in your claim. If the parties are unable to reach a settlement the attorney for the plaintiff may file a lawsuit against the defendant. The complaint will outline the claimant's account, explain the defendant's actions and ask for the amount of compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being sued. The defendant is then given a certain amount of time to respond. In this stage the parties will go through the discovery process where they look into the claims and defenses of the other. This can take a significant amount of time and likely require a lot of documents. A lawyer can aid in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in calculating damages. They can also make an offer to the insurance company for an appropriate settlement. Vacaville injury lawsuits www.youtube.com can accept the offer, decline it, or counter-offer. It is vital to have an attorney who knows the law in order to protect your rights and maximize recovery. The right attorney will be able to go through all the evidence available to ensure that your losses are compensated. They can also eliminate unnecessary expenses and help to keep track of all the funds you are entitled receive. New York law allows for each person to be compensated for their part of the responsibility in cases where more than one person is responsible for an accident. An experienced attorney can help with workers claims for compensation. Certain personal injury cases require the involvement of experts in fields such as economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Based on the specifics of the case, it may be decided outside of court or at trial.