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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. To receive full damages, it is important to document your losses carefully. Keep track of the medical expenses and out of the pocket expenses. Economic damages are the costs of your past and future medical expenses, as well as lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of Limitations If you've been injured due to the negligence of someone else or by a wrongful act, you must start a lawsuit as soon as you can. Statutes of limitations are legal limitations that protect the parties from unnecessary lawsuits by preventing claims that are filed after the deadline has passed. These limitations are different for each state and claim type and are typically subject to special or limited exceptions. For instance in New York, if you would like to bring a lawsuit for injuries sustained in an automobile accident the statute of limitation for these cases is three years. The statute of limitations 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 limitations that applies to your case, and ensure that it is filed on time. A lawyer with experience can examine your case to determine if there are any extensions or waivers that could be possible. It is important to keep in mind that even if the time limit has passed, you may still be able to file additional claims for compensation that relate to your injuries, including workers compensation or Social Security disability benefits. It is advisable to speak with an attorney as soon as you can about your case, so that they can advise you of the options that are available. In the majority of cases, your statute of limitations begins to run from 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 set until you are aware, or reasonably could have realized that your injury was result of a negligent act. This is known as the discovery rule. There are rare circumstances where the statute of limitation is “tolled” or suspended. These situations are highly factual and require a skilled personal injury attorney to analyze. Littman & Babiarz's attorneys can help you if you have been injured by the negligence of another. Contact us to schedule a free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the person accountable for your injury. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for expenses resulting from your injury, which includes medical bills, lost income, and suffering and pain. 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 able to recover damages for wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements: duty, breach, causation and damages. To establish a defendant's duty to be legally bound to act in a responsible manner in the given situation. Failure to meet this obligation is referred to as negligence. The injury you sustained is directly caused by a violation of this obligation. To be eligible for damages, the injury must have caused severe harm or caused significant damage. A car crash that results in an injured hand could result in significant medical expenses and, most likely, a loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional distress you or your family members have endured. Non-financial damages are more difficult to calculate. Your attorney will use different methods to calculate the worth of your suffering and pain. Keep a journal of your daily pain level and how your injuries affect you mentally as well as physically. This will help to support your claim. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In rare instances, your attorney can pursue punitive damages. These are designed to punish the negligent party. These damages are only available when a judge or jury feels that the conduct of the defendant was particularly outrageous. This type of compensation is usually granted in cases involving drunk driving accidents, intentional or malicious acts, as well as nursing home abuse. To get Mountain View injury lawsuits youtube.com , 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 The way your case is resolved will determine the amount of compensation you will receive. If your case is heard, a jury will determine the amount you will be awarded for your losses and injuries. In many cases parties, however to settle their claims outside of the courtroom. This means they can save the time and money of a trial. Additionally, it allows victims to recover their compensation earlier than should they wait for the trial to conclude. The settlement for personal injuries includes the economic as well as other damages. The former covers costs such as medical expenses loss of wages, property damage. The latter include things like suffering and loss of enjoyment. Calculating a dollar value for these damages is often challenging however an attorney can help you determine the value of your injuries. Typically an insurance company will usually offer a settlement prior to the case goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may be required to file an offer letter, which includes your evidence and an offer for a suitable compensation amount. The insurer will likely send you a counter-offer, which is often less than the amount you requested. Your attorney will then negotiate with the insurer to reach a fair settlement for your injuries. If you have an undisputed legal claim, your settlement will generally cover medical expenses and other out-of-pocket expenses related to the accident. In some instances, your settlement may also include compensation for any future treatment your doctor predicts you will require as a result. 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 usually awarded to spouses or children who have suffered due to the death of their loved ones due to an accident caused by the negligence of another. You could also be eligible for punitive damages if the defendant is found to be particularly negligent. This kind of compensation is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing an action After contacting an attorney for personal injury the client must begin collecting evidence of their losses. This can include documents such as medical records, police reports and insurance policies. Documentation of lost income or property damage must be included in an insurance claim. If the parties are unable come to an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant, and request for monetary compensation. A summons will also be filed and personally served to the defendant, which is a notification that they are being accused of a crime. The defendant will then have a certain amount of time to respond. In this process, both sides will complete the discovery phase in which each side will investigate the other's claims and defenses. This can take a significant amount of time and will likely require a significant amount of documents. A lawyer can assist in prepare for trial by arranging for experts to testify and gathering evidence. They can also assist in calculating damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company could accept the offer, reject it, or counter-offer. It is essential to have an attorney who is knowledgeable of the law to protect your rights and maximize the amount of compensation you receive. An experienced lawyer will comb through all of the available evidence to verify that you are being paid for every loss. They can also weed out unnecessary expenses and help you to keep track of all the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one to be compensated the amount they owe. A knowledgeable attorney can assist with workers claims for compensation. Certain personal injury cases could require the use experts in fields such as economics, medicine, and engineering. Your lawyer can assist you in locating experts who will be able to provide evidence to back your case. Based on the circumstances of the case, it can be decided out-of-court or at trial.