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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. It is crucial to document your losses for obtaining full damages. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages are the costs of your past and future medical expenses, as well as lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of limitations If you've suffered an injury by a negligent action or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time restrictions that shield individuals from unnecessary litigation by preventing claims filed after the deadline has been met. These time limits vary by state and type of claim, and are typically subject to special or limited exceptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. The time limit for civil actions that involve negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help determine the statute of limitation that applies to your particular case and ensure that the case is filed on time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that may be possible. You should be aware that even when your statute of limitation is over, you may have other claims for compensation that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is recommended to consult with an attorney about your situation as soon as you can, so that they can provide you with all your options. In most cases, the statute of limitations begins to run on the date of the incident that caused your injury. However, in certain situations, such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you realize or reasonably should have realized that your injury was the result of a negligent action. This is referred to as the discovery rule. There are rare circumstances in which the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury attorney to analyze. Littman & Babiarz's attorneys can assist you if have been injured due to another person's wrongful behavior. Contact us today to schedule your free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages: general and special. General damages are intended to compensate you for losses associated with your injury, such as medical expenses, lost income and pain and suffering. Special damages may include funeral costs as well as emotional stress. If your loved one has died due to a reckless act of another you may also be able to recover damages for the wrongful death. To hold the responsible party accountable for your injury, a court must determine four elements that include breach, duty, causation and damages. To establish the duty the defendant must be under a legal obligation to act responsibly in a specific circumstance. Negligence is the failure to perform this obligation. A breach of this obligation is a direct cause for the injury you sustained. To be able to claim damages, the injury must have caused serious damage or injury. A car accident that causes an injured hand could result in significant medical expenses and, most likely, loss of income. The injury was caused directly by the defendant's negligent or reckless actions. A wrongful death claim might be a result of the funeral and burial costs for your loved one and emotional distress that you or your family felt. The non-financial damages are more difficult to determine. Your attorney will employ various methods to determine the value of your suffering and pain. Keep a record of your daily pain levels and how the injuries have affected your physical, mental, and emotional well-being can help support your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In rare cases you may be able to obtain punitive damages to punish the party who was negligent. These damages are only granted when a jury or judge finds the defendant's behavior to be outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. In Pasadena injury lawsuit youtube.com to receive these additional damages, you must show to your lawyer that the defendant was acting with malice, willfulness, or oppression or an avowed disregard for the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case will be determined. If your claim is tried in court, a jury will decide the amount you're awarded for your injuries and losses. In many cases parties, however, they agree to settle out of court. They can avoid the time and expense of a court trial. It also allows victims to collect their compensation earlier than they would have if they waited for the trial process to complete. The settlement for personal injuries includes both economic and other damages. The former include expenses like medical expenses, lost wages, and property damage. The latter includes aspects such as suffering, pain and the loss of enjoyment your life. It isn't always easy to quantify the value on these damages, but an experienced attorney can help you determine the value of your injuries. Typically, an insurance company will usually offer a settlement before your case goes to trial. They will examine the evidence you have gathered and determine how much they consider your claim. You might be required to submit an official letter of demand along with your evidence and an offer for a reasonable amount of compensation. The insurer is likely to make a counter-offer which is often lower than your requested amount. Your attorney will then negotiate an acceptable settlement with the insurance company. If you have a valid legal claim, the settlement will typically cover medical expenses and other expenses out of pocket related to the accident. In some instances your settlement could include compensation for future treatment that your doctor estimates you'll require because of 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 usually awarded to spouses and children who suffer because of the death of a loved one due to an accident caused by another's negligence. You could also be awarded punitive damages if the defendant was found to be especially negligent. This type of compensation is intended to punish the defendant, and to discourage others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injuries the client must begin collecting evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Include evidence of damage to property or income loss in your claim. If the parties cannot reach an agreement or agreement, the attorney representing the plaintiff can file a lawsuit against the defendant. The complaint will provide the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons is also filed and handed over to the defendant. This is a notice that they are being sued. The defendant is given a certain time frame in which to respond. During this phase each party will complete the discovery process where they investigate the defenses and claims of the other. This can be a lengthy process and could require lots of documents. A lawyer can aid in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also demand an appropriate settlement from the insurance company. The insurance company can accept, deny or counteroffer the offer. It is essential to hire an experienced lawyer who can ensure your rights are protected and maximize your payout. An experienced lawyer will comb through all available evidence to confirm that you're being compensated for each loss. They can also help you reduce 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 one to be compensated the amount they owe. A skilled attorney can also assist with workers' compensation cases. Certain personal injury cases require the involvement of experts in areas like economics, medicine and engineering. Your lawyer will assist you choose the right expert to testify and help support your case. Based on the specifics of the case, it can be resolved outside of court or in a trial.