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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist victims of injuries to obtain fair compensation. To be able to claim full damages, it's important to document your losses carefully. Keep track of all medical expenses as well as out-of pocket costs. Economic damages cover the future and past medical expenses and lost wages. Also, it covers the pain and suffering you endured and the loss of companionship. Statute of limitations If you've been injured due to someone else's negligence or wrongful act, you must start a lawsuit as soon as possible. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They stop claims from being filed after the deadline. The time limitations can differ according to the state and the type of claim, and are often subjected to special or limited exemptions. In New York, for example, if you wish to bring a lawsuit against injuries that result from a car crash the statutes of limitation are three years. The time limit for civil actions that involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can assist you determine the time limit that applies to your case and ensure it is filed on time. A lawyer with experience will analyze your case to determine if there are extensions or waivers that may be possible. It is important to keep in mind that even when the statute of limitations has run out, you may still be able to make claims for compensation related to your injuries, including workers compensation or Social Security disability benefits. However, it is best to consult with an attorney about your situation as soon as you can to ensure that he or she can provide you with all options. In the majority of cases, your statute of limitations begins to run from the date of the incident which caused your injury. However, in certain situations, such as exposure to toxic substances or medical negligence the statute of limitations will not begin to run until you have realized or reasonably should have realized that your injury was the result of a negligent action. This is referred to as the discovery rule. There are some rare situations where the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to evaluate. Littman & Babiarz's attorneys can help you if you were injured as a result of the negligence of another. Contact us for a free consultation. Damages The goal of a personal injury lawsuit is to get financial compensation from the person responsible for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages: general and special. General damages are designed to compensate you for the losses associated with your injury, such as medical bills, lost income and suffering and pain. Special damages could include funeral costs and emotional stress. If your loved one has died because of reckless behavior by another, you may be able to recover wrongful death damage. To hold the responsible party accountable for your injuries the court must establish four elements: duty, breach, causation and damages. To establish a defendant's obligation to act responsibly, they must be legally bound to act responsibly in the particular circumstance. A failure to fulfill this obligation is known as negligence. A breach of this duty is a direct cause of the injury you sustained. The injury must have caused substantial damage or serious injury in order to be eligible for damages. A car crash that results in a severed hand would result in substantial medical costs and most likely loss of income. The injury was caused directly by the defendant's negligent or reckless actions. The wrongful death claim may include funeral and burial costs for your loved one, and emotional pain you or your family have endured. Non-financial damages are more difficult to calculate. Your attorney will use different methods to determine the amount of your pain. Keep a record of your daily pain levels and how the injuries have affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Insurance companies often undervalue these damages in order to avoid paying higher settlements. In some cases your lawyer can pursue punitive damages, which are meant to punish the negligent party. These damages are only available when jurors or judges believe that the conduct of the defendant was particularly outrageous. These types of compensations are usually awarded in instances of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To get these additional damages, you must demonstrate to your lawyer that the defendant acted with malice, willfulness, or oppression or an avowed indifference to the consequences of their actions. Settlements How your case is decided 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 outside of the courtroom. They can avoid the time and cost of a court trial. Additionally, it allows victims to recover their compensation sooner than should they wait for the trial process to conclude. A personal injury settlement includes both economic and non-economic damages. The former covers expenses like medical costs as well as lost wages and property damage. The latter covers aspects like suffering, pain, and the loss of enjoyment your life. Placing a monetary value on these damages is often challenging however an attorney can help determine the value of your injuries. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will examine the evidence you've collected and determine what they feel your claim is worth. You may be required to submit an order letter, along with the evidence you have provided and an appropriate amount of compensation. You will most likely receive a counter-offer from the insurer, which is typically lower than what you requested. Your attorney can then negotiate a fair settlement with the insurer. If you have a valid legal claim, your settlement will generally pay for medical bills as well as other out-of-pocket expenses due to the accident. In some instances your settlement could include compensation for any future treatments that your doctor believes you'll require 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 typically awarded to spouses or children who suffered as a result of the death of a 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 negligent in particular. This kind of compensation is designed to punish the defendant and prevent others from engaging in similar reckless actions. Filing a Lawsuit Once someone has contacted an attorney for personal injuries and has been advised collecting evidence of their losses. Documents such as medical records, police reports and insurance policies can be included. Documentation of lost income or property damage should also be included in a claim. If the parties are unable to come to an agreement, the plaintiff's lawyer may bring a lawsuit against the defendant. Fontana injury lawyer will outline the plaintiff's version of events, describe how the actions of the defendant hurt them, and seek relief in the form monetary compensation. A summons is also filed and personally handed over to the defendant. It is a formal notice that they are being accused of a crime. The defendant will then have a certain amount of time to reply. During this stage each party will complete the discovery process, where they investigate the claims and defenses of the other. This could take a considerable amount of time and will likely require a significant amount of documentation. A lawyer can help 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 the offer, decline it, or offer a counteroffer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your payout. An experienced lawyer will comb through all of the available evidence to verify that you are being compensated for each loss. They can also eliminate unnecessary expenses and help to keep track of all the funds you are entitled receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their share of responsibility. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the assistance of experts in fields like economics, medicine and engineering. Your lawyer will help you choose a qualified expert to testify and help support your case. Based on the circumstances of the case, it can be resolved outside of court or at trial.