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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. To receive full damages, it is important to record your losses in a meticulous manner. Keep an eye on all medical expenses as well as out-of pocket costs. Economic damages include the cost of your current and future medical expenses and lost wages. It also covers your suffering and pain as well as the loss of companionship. Statute of limitations If you have been injured due to another person's wrongful action or negligence, it is important to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limitations that protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and claim type and they are often restricted to certain or specific exceptions. For example in New York, if you would like to file a lawsuit relating to injuries sustained in an auto accident, the statute of limitations for these cases is three years. The statute of limitations for civil actions involving negligence is two years. This includes medical malpractice, product liability, and the wrongful death of a person. A lawyer can help you determine the time limit that applies to your particular case and ensure it is filed on time. A lawyer with experience can review your case to determine if there are any extensions or waivers that may be possible. You should be aware that even the time your statute of limitations has passed, you could have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised to consult with an attorney about your case as soon as you can and so that they can provide you with all your options. In the majority of instances, your statute of limitations begins to expire on the date of the incident that caused your injury. In some situations, like exposure to toxic substances or medical malpractice the limitation period does not begin until you realize or should have known, that your injury was caused by a negligent act. This is known as the discovery rule. There are a few rare instances where the statute of limitation is “tolled” or suspended. These situations are highly factual and require an experienced personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can assist you if you were injured as a result of an unintentional act of another. Contact us today to set up your free consultation. Damages The purpose of a personal injury claim 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 meant to compensate you for expenses resulting from your injury, which includes medical bills, lost income and pain and suffering. Special damages could include funeral costs as well as emotional stress. If your loved one has died due to a reckless act of another, you can also recover damages for wrongful death. A court must establish four factors to find the responsible party liable for your injury: duty, breach of duty, causation and damages. To establish the duty the defendant must be under the legal obligation to act responsibly in a specific situation. In the event of a breach of this obligation is called negligence. A breach of this obligation is a direct cause for the injury you suffered. To be eligible for damages, the injury must have caused serious harm or caused significant damage. A car crash that results in a severed hand would result in substantial medical costs, and most likely a loss of income. The injury was directly caused due to the defendant's negligence or reckless actions. A claim for wrongful death could include funeral and burial expenses for your loved one as well as emotional pain that you or your family experienced. The non-financial damages are more difficult to quantify. Your lawyer will employ a variety of methods to determine the amount of your pain. Keeping a journal of your daily pain levels and how your injuries have affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. The damages can only be awarded when a jury or judge finds the defendant's behavior to be particularly outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To receive these additional damages, your lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, oppression, or conscious indifference to the consequences of his or her actions. Settlements How your case is decided will determine the amount of compensation that you will receive. If your case goes to trial the jury will decide what they will award you for your injuries and losses. In a lot of cases parties, however, they agree to settle outside of court. This means they can save the time and money of a trial. Additionally, it allows victims to recover their compensation sooner than they would have if they waited for the trial process to be completed. The settlement for personal injuries includes both economic and other damages. The former include costs such as medical expenses, lost wage and property damage. The latter covers aspects like suffering, pain, and loss of enjoyment of your life. It isn't always easy to determine a dollar amount on these damages, however an experienced lawyer can help you determine the value of your injuries. Insurance companies usually offer an agreement to settle your case before it goes to trial. They will examine the evidence you have collected and decide what they believe your claim is worth. You may be required to submit an offer letter, which is accompanied by evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer by the insurer, which is typically lower than the amount you requested. Your attorney can then negotiate a fair settlement with the insurance company. If you have an appropriate legal claim, the settlement will generally cover your medical bills and other expenses out of pocket related to the accident. In certain cases, your settlement may also include compensation for any future treatment your doctor estimates that you will require as a result of 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 granted to children or spouses who have suffered because of the death of a loved ones due to an accident that was caused by negligence of someone else's. Punitive damages may be awarded in the event that the defendant is determined to have been particularly negligent. This type of compensation is intended to punish the defendant and deter others from engaging in reckless behavior. Filing a Lawsuit Once someone has contacted an attorney for personal injury and has been advised to gather documentation of their losses. This may include documents like medical records or police reports, as well as insurance policies. Documentation of lost income or property damage should also be included in the claim. If the parties cannot reach an agreement the attorney for the plaintiff may file an action against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant and request for an amount of money. A summons will also be issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant is given a certain timeframe to respond. During this phase each party will complete the discovery process in which they investigate 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 help prepare for trial by arranging expert witnesses and collecting evidence. They can also help calculate damages. They may also request a fair settlement from the insurance company. Daly City injury lawyer may accept, decline or counter-offer the offer. It is crucial to have an experienced lawyer who can ensure your rights are protected and maximize your recovery. An experienced lawyer will comb through all available evidence to verify that you are paid for every loss. They can also weed out unnecessary expenses and help to keep track of all the funds you are entitled receive. New York law allows for each person to be compensated for their share of the blame if more than one party is responsible for an accident. A knowledgeable attorney can help with workers claims for compensation. Some personal injury cases may require the use experts in fields such as economics, medicine, or engineering. Your lawyer will help you choose the right expert to testify and help support your case. Depending on the specifics of the case, it could be resolved outside of court or at trial.