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How to Document Your Personal Injury Compensation Claims An attorney for 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. Keep an eye on the medical expenses and out of the pocket expenses. Economic damages are a result of your past and future medical expenses and lost wages. Also covered are suffering and pain as well as loss of companionship. Statute of Limitations If you've been injured by someone else's negligence or wrongful action, you should file a lawsuit as soon as you can. Statutes of limitations are legal restrictions that shield parties from unnecessary litigation by preventing claims from being filed after the deadline has passed. These time limits can vary depending on the state of origin and claim type and are typically subject to special or limited exemptions. In New York, for example when you want to file a lawsuit for injuries sustained in a car accident, the statutes of limitations are three years. The time limit for civil actions involving negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can help you determine the time limit that applies to your particular case and ensure that it is filed in a timely manner. A lawyer with experience will examine your case to determine if there are extensions or waivers that could be possible. It is important to keep in mind that even when the statute of limitations has run out but you might still be able to file other claims for compensation relating to your injuries, such as workers' compensation or Social Security disability benefits. It is best to consult an attorney as soon as you can about your situation, so that they can inform you of the various options available. In most cases, the statute of limitations starts to run on the date of the incident which caused your injury. However, in certain circumstances such as exposure to toxic substances or medical negligence, the statute of limitations will not begin to run until you have realized or should have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are also rare circumstances when the statute of limitations has been “tolled” or suspended, however these circumstances are extremely specific and should be analyzed by a skilled personal injury lawyer. If you've been injured because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two groups of damages that are general and special. General damages are meant to provide you with compensation for your losses, such as medical bills as well as lost wages and pain and discomfort. Funeral expenses and emotional distress can be incorporated into special damages. If your loved one died due to reckless behavior by another person, you could be able recover the cost of wrongful death. A court must establish four factors to determine who is responsible for your injury: duty, breach of duty, causation and damages. To establish the duty the defendant must be under a legal obligation to be responsible in a specific circumstance. Failure to meet this obligation is called negligence. The injury you suffered is directly resulting from a breach of this duty. The injury must have caused substantial damage or caused serious harm to qualify for damages. For instance an accident in a car that resulted in a severed arm would result in significant medical expenses and possibly a loss of wages. The defendant's reckless or negligent actions directly caused the injury. A claim for wrongful death could include funeral and burial costs of your loved one, as well as the emotional pain that you or your family suffered. Damages that are not financial are more difficult to determine. Your attorney will use various methods to calculate the value of your suffering and pain. Keep a record of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional health can help support your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In some rare instances, you can seek punitive damages to punish the party who was negligent. These damages are only available if a judge or jury feels that the defendant's behavior was especially outrageous. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting with malice, willful or fraud, oppression, or a conscious disregard for the consequences of his or her actions. Settlements The amount of compensation you receive for your injuries will depend on how your case is decided. If your case is heard in court, a jury will decide how much you are awarded for your losses and injuries. In many cases, however, parties agree to settle their claims outside of court. They can avoid the time and cost of a court trial. This means that victims can get their compensation sooner than if they had to wait for the trial to conclude. A personal injury settlement includes both economic and non-economic damages. The former includes expenses like medical costs loss of wages, property damage. The latter covers aspects like pain, suffering 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 worth of your injuries. Typically, an insurance company will offer an agreement before your case goes to trial. They will examine the evidence you've gathered and determine what they feel your claim is worth. You may have to file an official demand letter that is accompanied by your evidence and a request for an appropriate compensation amount. The insurer is likely to send you a counter-offer, which is usually lower than the amount you request. Your attorney will then negotiate a fair settlement with the insurance company. If you have a valid claim the settlement will pay your medical expenses as well as other out-of-pocket expenses associated with your accident. In certain cases, your settlement may also include a portion of any future treatment that your doctor predicts 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 awarded to spouses and children who are suffering as a result of the death of a loved one during an accident caused by another person's negligence. You could also be eligible for punitive damages if the defendant is found to be negligent in particular. This type of compensation is intended to punish the defendant, and deter others from engaging in reckless behavior. Filing a Lawsuit After contacting an attorney for personal injuries one must begin collecting evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Include evidence of damage to property or income loss in your claim. If the parties are unable to reach a settlement or agreement, the attorney representing the plaintiff can file an action against the defendant. The complaint will outline the claimant's version of events, describe how the actions of the defendant harmed them, and seek relief in the form of financial compensation. A summons is also filed and personally served on the defendant and serves as a notice that they are being sued. The defendant then has a certain amount of time to respond. In this process, both sides will complete the discovery phase in which each side investigates the other's claims and defenses. This could take a considerable amount of time and will likely involve a lot of documentation. South Gate injury lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They can also demand a fair settlement from the insurance company. The insurance company could accept, decline or counter-offer the offer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your compensation. The right attorney can comb through all of the available evidence to verify that you are being compensated for each loss. They can also help you cut out unnecessary expenses and track the amount you're entitled to. If more than one person is at fault for the accident, New York law allows each one of them to claim the amount they owe. A knowledgeable lawyer can also assist with workers' compensation claims. Some personal injury cases require the involvement of experts in fields such as economics, medicine and engineering. Your lawyer will assist you choose the right expert to provide testimony and support your case. Based on the facts of a case, it can be resolved outside of court or at trial.