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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can help injured victims win fair compensation. In order to receive the full amount of damages, it's important to keep track of your losses meticulously. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages include the future and past medical expenses and lost wages. It also covers the pain and suffering you endured as well as the loss of companionship. Statute of limitations If you've been injured due to negligence or a negligent action, you should start a lawsuit as soon as you can. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ according to the state and the type of claim and are typically subject to special or limited exemptions. For example in New York, if you want to file a lawsuit relating to injuries that result from an auto accident the statute of limitations for these types of cases is three years. For other civil actions involving negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can assist you in determining the statute of limitations that applies to your case and ensure that the case is filed in time. A lawyer with experience will examine your case to determine if there are extensions or waivers that might be available. It is important to be aware that even when your statute of limitation is over, you may have other claims for compensation related 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 about your situation, so that they can inform you of the options available. In most instances, your statute of limitations begins to expire on the date of the incident that caused your injury. In some instances, like exposure to toxic materials or medical malpractice the statute of limitation is not set until you recognize, or reasonably should have known, that your injury is caused by a negligent action. This is called the discovery rule. There are also a few exceptional situations where the statute of limitations has been “tolled” or suspended, however these circumstances are extremely specific and should be examined by a knowledgeable personal injury lawyer. If you've suffered injury due to someone else's wrongful behavior, the lawyers at Littman & Babiarz can help. Contact us to schedule an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two kinds of damages that are general and special. General damages are meant to compensate you for the expenses resulting from your injury, such as medical bills, lost income, and suffering and pain. Funeral expenses and emotional distress may be included in special damages. If a loved one died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. A court must establish four elements in order to determine who is responsible for your injuries such as breach of duty, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act in a responsible manner in the specific situation. Negligence is the failure to meet this obligation. The injury you suffered is directly resulting from a breach of this duty. To be eligible for damages, the injury must have caused serious harm or significant damage. A car accident resulting in a severed hand would result in substantial medical costs and most likely a loss of income. The defendant's reckless or negligent actions directly led to the injury. A wrongful death claim might involve the funeral and burial costs of your loved one, as well as the emotional trauma that your family or you suffered. Non-financial damages can be more difficult to determine. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a journal of your daily pain level and how your injuries affect you mentally physical, emotionally, and physically. This can help you to support your claim. Insurance companies tend to undervalue these damages in order to avoid paying more settlements. In Fremont injury lawsuit , your attorney can seek punitive damages, which are intended to punish the negligent party. These damages are only available if jurors or judges believe that the defendant's conduct was particularly obscene. This kind of compensation is typically awarded in cases involving drunk driving accidents, deliberate or malicious acts, and nursing home abuse. To be eligible for these additional damages, you must demonstrate to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or an avowed disregard for the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your case goes to trial the jury will decide how much to award you for your injuries and losses. In many cases however the parties will reach an agreement to settle the matter outside of court. This lets them save the time and money of a trial. This allows victims to receive their compensation earlier than the time they would have to wait for the trial to conclude. A personal injury settlement includes both economic and non-economic damages. The former covers costs such as medical expenses, lost wage and property damage. The latter include things such as suffering, pain, and loss of enjoyment of your life. Placing a monetary value on these damages is usually difficult however, an attorney can help determine what your injuries are worth. Typically an insurance company will offer a settlement before your case goes to trial. They will examine the evidence you've amassed and determine how they consider your claim. You may have to submit an official demand letter that includes your evidence and an offer for a suitable compensation amount. The insurer is likely to make a counter-offer that is typically lower than the amount you request. Your lawyer can negotiate an equitable settlement with the insurance company. If you have an appropriate legal claim, the settlement will generally cover medical expenses as well as other out-of-pocket expenses due to the accident. In some cases, your settlement will also include a portion of the future treatment that your doctor estimates you will need due to 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 usually awarded to spouses and children who suffer due to the death of a loved one during an accident caused by another's negligence. You could also be awarded punitive damages if the defendant was found to be particularly negligent. This type of compensation is intended to penalize the defendant and deter others from engaging in similar reckless behaviors. Filing a Lawsuit After a person has spoken with an attorney for personal injuries, they should begin to collect evidence of their losses. Documents like medical records, police reports and insurance policies may be included. Documentation of loss of income or property damage must be included in an insurance claim. If the parties fail to come to an agreement the lawyer for the plaintiff may make a claim against the defendant. The complaint will provide the claimant's account, explain the actions of the defendant, and request for the amount of compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant then has a certain amount of time to respond. During this time, both sides will complete the discovery phase in which each side will investigate the defenses and claims of the other. It can be a long process and could require an extensive amount of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They can also help calculate damages. They can also make a demand to the insurance company for an appropriate settlement. The insurance company may accept, reject or counteroffer the offer. It is important to have a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. An experienced attorney can go through all the evidence to ensure that your losses are being compensated. They can also assist you to reduce unnecessary expenses and track the money you're entitled to. If more than one person is at fault for the accident, New York law allows each one to be compensated for their share of responsibility. An experienced attorney can help with workers claims for compensation. Some personal injury cases require the use of experts in fields such as economics, medicine and engineering. Your lawyer will assist you in selecting a specialist who can testify to help your case. Depending on the circumstances, certain cases may go to trial, while others will settle outside of the court.