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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. To be able to claim full damages, it's important to keep track of your losses meticulously. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages cover your future and past medical costs and lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you've suffered injuries due to someone else's negligence or wrongful act, you should file a lawsuit as soon as possible. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ depending on the state of origin and the type of claim, and are often subjected to limited or special exemptions. For instance in New York, if you would like to bring a lawsuit for injuries caused by an auto accident the statute of limitations for these kinds of cases is three years. The time limit for civil actions involving negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help determine the statute of limitation applicable to your case and ensure that it is filed in time. 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 and Social Security disability benefits. It is advisable to speak with an attorney as soon as you can with regards to your situation, so they can inform you of the various options that are available. In the majority of cases, your statute of limitations begins to run on the date of the underlying incident that led to your injury. In some situations, like exposure to toxic substances or medical malpractice, the limitation period does not begin until you realize, or reasonably could have realized that your injury was caused by a negligent action. This is known as the discovery rule. There are also some rare circumstances when the statute of limitations is “tolled” or suspended, however these circumstances are extremely specific and should be assessed by a competent personal injury lawyer. The attorneys at Littman & Babiarz can assist you if have been injured due to another person's wrongful behavior. Contact us today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two groups of damages: general and special. General damages are designed to compensate you for your losses such as medical expenses, lost wages, and discomfort and pain. Special damages can include funeral expenses and emotional stress. If your loved one passed away due to reckless conduct by another person, you could be able to recover damages for wrongful death. A court must establish four elements in order to find the responsible party liable for the harm you suffered such as breach of duty, causation, and damages. To establish the duty, the defendant must have a legal obligation to act responsibly in a specific situation. Negligence is the failure to meet this obligation. The injury you suffered is directly caused by a breach of this duty. To be eligible for damages, the injury must have caused significant harm or caused significant damage. For example, a car accident which resulted in a fractured arm could result in substantial medical expenses, and most likely an interruption in wages. The defendant's careless or reckless actions directly caused the injury. The wrongful death claim could include funeral and burial expenses for your loved one, and emotional pain you or your family experienced. The non-financial damages are more difficult to calculate. Your attorney will use a variety of methods to determine the value of your pain and suffering. Keep a journal to record your pain levels throughout the day and how your injuries have affected you physically physical, emotionally, and physically. This can help you support your claim. Insurance companies often undervalue these damages in order to avoid paying higher settlements. In rare cases your lawyer can pursue punitive damages. These are designed to penalize the party who was negligent. These damages can only be awarded if a jury or judge finds the defendant's actions to be particularly obscene. These kinds of compensation are typically awarded in the case of drunk driving accidents, malicious or intentional actions, or nursing facility abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, willful, fraud, oppression, or with a lack of awareness of the consequences of his or her actions. Settlements The amount you receive for your injuries depends on how your case will be determined. If your claim is contested in court, a jury will decide the amount you're awarded for your injuries and losses. In many cases, the parties will agree to settle out of court. This allows them to save the time and money of a trial. It also allows victims to receive their compensation sooner than they would should they wait for the trial to be completed. The settlement for personal injuries includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages, and property damage. The latter include things like suffering and loss of enjoyment of life. The process of determining a value for these damages is usually difficult however, an attorney can help you determine what your injuries are worth. Insurance companies will usually offer settlements to settle your case prior to it goes to trial. They will look over the evidence you have collected and decide what they believe your claim is worth. You may need to submit an official demand letter that includes your evidence and a request for an appropriate compensation amount. The insurance company will likely offer you a counter-offer that is typically lower than your requested amount. Your lawyer can negotiate with the insurer to reach an acceptable settlement for your injuries. If you have a valid claim the settlement will pay the cost of your medical treatment and other out-of pocket expenses related to your accident. In some instances your settlement could include compensation for future treatments that your doctor believes you'll require as a result 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 typically granted to children or spouses who suffered as a result of the death of a loved ones as a result of an accident that was caused by someone else's negligence. Punitive damages can be awarded when the defendant is found to have been negligent. This type of compensation is designed to penalize the defendant and discourage others from engaging in similar reckless behaviors. Filing an action Once a person has contacted a personal injury lawyer, they should 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 also be included in the claim. If the parties cannot reach a settlement or agreement, the attorney representing the plaintiff can bring an action against the defendant. The complaint will outline the claimant's account of the events, explain how the actions of the defendant hurt them and ask for relief in the form monetary compensation. A summons will also be issued and personally served on the defendant and serves as a notice that they are being sued. The defendant is given a certain amount of time in which to respond. In this phase the parties will go through the discovery process in which they look into the claims and defenses of the other party. It can be a long process that may require lots of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They are also able to assist in calculating damages. They may also submit a demand to the insurance company for an appropriate settlement. The insurance company may accept, decline or counter-offer the 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 attorney will be able to go through all the evidence to verify that your losses are being compensated. They can also weed out unnecessary expenses and help to keep track of the money you are entitled to receive. If more than one person is liable for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable attorney can assist in workers claims for compensation. Certain personal injury cases require the assistance 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 Glendale injury attorneys of the case, it can be decided outside of court or at trial.