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How to Document Your Personal Injury Compensation Claims Personal injury lawyers can help injured victims receive fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. This includes keeping the track of your medical expenses and out-of-pocket expenses. Economic damages are the cost of your past and future medical expenses and lost wages. Also, it covers the pain and suffering as well as loss of companionship. Statute of limitations If you have been injured because of a negligent negligence or action, it is important that you act quickly and make a personal injury claim before the statute of limitations expires. Statutes of limitation are legal time limits that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary according to the state and the type of claim and are typically subject to specific or limited exemptions. In New York, for example for instance, if you want to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. For civil actions that involve negligence like medical malpractice and product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help determine the statute of limitation that applies to your case and ensure that it is filed in time. An experienced lawyer can analyze your case to determine if there are any extensions or waivers that might be available. It is important to keep in mind that even when the time limit has passed but you might still be able to file other claims for compensation relating to your injuries, like workers' compensation or Social Security disability benefits. However, it is advised to consult an attorney about your situation as soon as you can to ensure that they can provide you with all your options. In the majority of cases, your statute of limitations starts to run from the date of the underlying incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice the statute of limitation is not established until you are aware or could have realized that your injury is caused by a negligent action. This is called the discovery rule. There are some rare situations where the statute of limitation is “tolled” or suspended. These scenarios are factual and require an experienced personal injury attorney to analyze. Littman & Babiarz's attorneys can assist you if have been injured by another person's wrongful behavior. Contact us today for your free consultation. Damages The purpose of a personal injury claim is to get financial compensation from the party responsible for your injury. The legal term for this is “damages.” There are two types of damages: general and special. General damages are designed to pay for the losses you have suffered, such as medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional distress could be included in the special damages. If a loved one passed away due to the reckless conduct of another you may also be entitled to damages for wrongful death. To hold the person responsible accountable for your injuries, a court must establish four elements that include breach, duty, damages and causation. To establish the duty of a defendant, they must be legally bound to behave responsibly in the given situation. Failure to meet this obligation is called negligence. The injury you sustained is directly caused by a violation of this duty. The injury must have caused significant damage or serious injury to be able to claim damages. For instance, a car accident which resulted in a fractured arm would have substantial medical expenses, and most likely a loss of wages. The injury was caused directly by the defendant's negligent or reckless actions. A claim for wrongful death could include funeral and burial expenses for your loved one, as well as the emotional trauma that you or your family experienced. Non-financial damages are more difficult to determine. Your attorney will use various methods to calculate the worth of your suffering and pain. Keep a journal of your daily pain level as well as how your injuries have affected you mentally, physically, and emotionally. This will help prove your case. Insurance companies typically undervalue these damages to avoid paying higher settlements. In some rare instances you may be able to seek punitive damages to punish the negligent party. These damages are only awarded when a jury or judge finds the defendant's conduct to be particularly obscene. This kind of compensation is typically awarded in cases of drunk driving accidents, or malicious actions, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant acted with malice, willful or fraud, as well as oppression or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case will be decided. If your case goes to trial the jury will decide how much they will award you for your losses and injuries. In many cases however, the parties will agree to settle their dispute outside of court. They are able to avoid the time and cost of an in-court trial. Additionally, it allows victims to recover their compensation sooner than if they waited for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects such as pain and suffering and the loss of enjoyment. Santa Rosa injury lawsuits can be difficult to determine a dollar amount on these damages, but an experienced attorney can assist you in determining the value of your injuries. Typically an insurance company will offer an agreement before your case goes to trial. They will review the evidence you have collected and determine what they feel your claim is worth. You might be required to submit a letter of demand, along with the evidence you have provided and a request for a suitable compensation amount. You will most likely receive a counter-offer from the insurer, which is usually less than what you asked for. Your attorney can then negotiate with the insurer to reach an equitable settlement for your injuries. If you have a valid claim, the settlement will cover your medical expenses and other expenses out of pocket associated with the accident. In certain cases the settlement could also include compensation for any future treatment your doctor estimates that you will 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 granted to children or spouses who have suffered due to the loss of a loved one as a result an accident caused by the negligence of another. Punitive damages can be awarded in the event that the defendant is determined to have been particularly negligent. This type of compensation is designed to penalize the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit After contact with an attorney for personal injuries the client should begin accumulating 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 cannot agree on a settlement, the plaintiff's attorney may start an action against the defendant. The complaint will outline the plaintiff's version of events, outline how the defendant's actions harmed them and ask for relief in the form monetary compensation. A summons is also issued and personally served on the defendant and serves as a notice that they are being accused of a crime. The defendant then has an appropriate amount of time to respond. During this time each side will complete the discovery phase where each party investigates the defenses and claims of the other. This can take a significant amount of time and will likely require a lot of documents. A lawyer can assist in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also be able to demand an appropriate settlement from the insurance company. The insurance company may accept, reject or counter-offer the offer. It is vital to have an attorney who is knowledgeable of the law in order to protect your rights and maximize recovery. The right attorney can comb through all the available evidence to verify that you are being compensated for each loss. They can also help you cut out unnecessary costs and track the money you're entitled to. New York law allows for each person to be compensated for their part of the blame if more than one person is responsible for an accident. A knowledgeable lawyer can also assist with workers' compensation claims. Certain personal injury cases require the use 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. Depending on the circumstances of the case, it can be decided out-of-court or at trial.