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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. Documenting your losses is essential for obtaining full damages. Keep the track of all medical expenses as well as out-of the pocket expenses. Economic damages include the cost of your past and future medical expenses, as well as lost wages. Also covered are suffering and pain and 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 possible. Statutes of limitations are legal time limits that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These time limits vary by state and claim type and are usually subject to specific or limited exceptions. For instance in New York, if you would like to file a lawsuit over injuries that result from an auto accident, the statute of limitations for these kinds of cases is three years. For other civil actions involving negligence such as medical negligence and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed on time. A knowledgeable lawyer can examine your case and suggest any possible extensions or waivers of the statute of limitations that are in effect. It is important to remember that even the time limit has passed but you might still be able to make claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so they can provide you with all the options that are available. In the majority of cases, the statute of limitations starts to run from the date of the incident that led to your injury. In some instances, like exposure to toxic materials or medical malpractice the time limit is not established until you realize, or reasonably should have known, that your injury is caused by a negligent action. This is referred to as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, but these situations are extremely specific and should be examined by a knowledgeable personal injury lawyer. Our lawyers at Littman & Babarz can assist you if have been injured due to an unintentional act of another. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. The legal term for this is “damages.” There are two groups of damages which are: general and specific. General damages are designed to compensate you for the expenses resulting from your injury, such as medical bills, lost income, and pain and suffering. Funeral expenses and emotional stress can be incorporated into special damages. If a loved one passed away because of another's reckless behavior you may also be entitled to damages for wrongful death. To hold the person responsible accountable for your injury, a court must determine four elements which are breach, duty, damages and causation. To establish a defendant's duty to be legally bound to behave responsibly in the given situation. Negligence is the failure to perform this obligation. The injury you suffered was directly caused by a violation of this duty. The injury must have caused significant damage or serious harm in order to be eligible for damages. For instance an accident in a car that resulted in a severed arm could result in substantial medical expenses and possibly the loss of wages. The defendant's careless or reckless 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 members have suffered. The non-financial damages are more difficult to quantify. Your attorney will employ different methods to determine the worth of your pain. Keep a record of your daily pain levels and how the injuries have affected your physical, mental and emotional health can aid in your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying more settlements. In rare instances your lawyer can seek punitive damages, which are designed to punish the negligent party. These damages are only available if the judge or jury believes that the defendant's behavior was particularly obscene. These kinds of compensation are usually awarded in instances of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To be eligible for these additional damages, you must prove to your lawyer that the defendant was acting with malice or wantonness, fraud or oppression or an avowed indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case will be resolved. If your claim is tried in court, a jury will decide the amount you will be awarded for your injuries and losses. In a lot of cases parties, however, they agree to settle outside of the courtroom. Santa Maria injury attorney You Tube allows them to avoid the time and cost of a trial. This means that victims can get their compensation sooner than if they had to wait for the trial to be concluded. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include things like suffering, pain, and loss of enjoyment your life. It can be difficult to determine a dollar amount on these damages, but an experienced lawyer can assist you in determining the worth of your injuries. Typically an insurance company will usually offer a settlement prior to the case goes to trial. They will review the evidence that you have gathered and determine how much they value your claim. You might be required to submit an order letter, together with evidence and a request for a suitable compensation amount. Most likely, you will receive a counter-offer from the insurance company, which is usually less than what you asked for. Your attorney can then negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid legal claim, the settlement will generally cover your medical bills and other out-of-pocket expenses related to the accident. In some instances, your settlement may also include a portion of any future treatment that your doctor believes 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 kind of compensation is typically given to children or spouses who suffered as a result of the death of a loved one as a result an accident caused by the negligence of another. You could also be awarded punitive damages if the defendant is found to be especially negligent. This kind of compensation is intended to punish the defendant and discourage others from engaging in reckless conduct. Filing an action After contacting an attorney for personal injury the client should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include documentation of property damage or lost income in your claim. If the parties are unable to reach a settlement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant and request for monetary compensation. A summons is also filed and personally handed over to the defendant. It is a notification that they are being accused of a crime. The defendant will then have the time to respond. During this phase each party will complete the discovery process where they look into the defenses and claims of the other. This can be a lengthy process and may involve lots of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They can also to assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept the offer, decline it, or offer a counteroffer. It is essential to have an attorney who is familiar with the law to safeguard your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all available evidence to verify that you are compensated for each loss. They can also help you eliminate unnecessary expenses and assist you to keep track of the funds you are entitled receive. New York law allows for each person to be compensated for their part of the blame if more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you select a specialist who will be able to provide evidence to back your case. Based on the situation, some cases could go to trial, while others settle out of the court.