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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries get fair compensation. Documenting your losses is essential to receive the full amount of damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages are the costs of your past and future medical expenses as well as lost wages. It also covers the pain and suffering you endured, as well as the loss of companionship. Statute of Limitations If you've suffered an injury because of a negligent act or negligence it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal time restrictions which protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations of time can differ depending on the state and the type of claim and are typically subject to specific or limited exemptions. In New York, for example, if you wish to file a lawsuit for injuries that result from a car crash the statute of limitations are three years. For other civil actions involving negligence, such as 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 applicable to your case and ensure that it is filed in time. An experienced lawyer can also review your case and recommend any possible extensions or waivers of the statute of limitations in your case. You should be aware that even the time your statute of limitations has expired you may still have other claims for compensation related to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as soon as you can with regards to your situation, so they can provide you with all the options that are available. In the majority of cases, the statute of limitations begins to run on the date of the incident which caused your injury. In some instances, like exposure to toxic materials or medical malpractice, the limitation period is not established until you recognize or could have realized that your injury is caused by a negligent act. This is referred to as the discovery rule. There are a few rare instances in which the statute of limitations is “tolled”, or suspended. These cases are factual and require an experienced personal injury lawyer to look into. Our lawyers at Littman & Babarz can assist you if were injured as a result of another person's wrongful behavior. Contact us today to arrange an appointment for a no-cost consultation. Damages The goal 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 kinds of damages that are general and special. General damages are intended to compensate you for losses associated with your injury, which includes medical bills, lost income and suffering and pain. Special damages could include funeral expenses and emotional distress. If your loved one has died due to reckless conduct by another person, you could be able to recover wrongful death damage. A court must establish four factors to determine who is responsible for the harm you suffered such as breach of duty, causation, and damages. To establish a defendant's obligation to be legally bound to behave responsibly in the particular circumstance. Failure to meet this obligation is known as negligence. The injury you sustained is directly resulting from a breach of this obligation. To be able to claim damages the injury must have caused severe harm or caused significant damage. A car accident that causes a severed hand would result in substantial medical costs and, most likely, loss of income. The defendant's careless or reckless actions directly led to the injury. The wrongful death claim could include funeral and burial expenses for your loved one as well as emotional stress you or your family have suffered. Non-financial damages are more difficult to determine. Your attorney will employ a variety of methods to determine the value of your pain and suffering. Keep a journal to record your pain levels throughout the day and how your injuries affect you mentally, physically, and emotionally. This will help support your claim. Many insurance companies undervalue the damages in order to avoid paying larger settlements. In some cases your lawyer can pursue punitive damages, which are designed to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's conduct was particularly outrageous. This type of compensation is typically awarded in cases involving drunk driving accidents, or malicious actions, and nursing home abuse. To obtain these additional damages, your lawyer must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements The amount of compensation you receive for your injuries is contingent on how your case is resolved. If your claim goes to trial, a jury will determine how much they will award you for your injuries and losses. In a lot of cases parties, however to settle out of the courtroom. This allows them to save the time and money of a trial. It also allows victims to collect their compensation earlier than they would have if they waited for the trial process to conclude. The settlement for personal injuries will include the economic as well as other damages. The former include costs like medical expenses, lost wages and property damage. The latter includes aspects like pain and suffering and the loss of enjoyment of life. It isn't always easy 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 usually offer a settlement prior to the case goes to trial. They will look over the evidence you've gathered and determine what they feel your claim is worth. You may be required to provide an order letter, along with the evidence you have provided and an appropriate amount of compensation. The insurance company will likely send you a counter-offer, which is usually lower than your requested amount. El Cajon injury lawyer can then negotiate an acceptable settlement with the insurance company. If you have an appropriate claim the settlement will cover your medical expenses and other out-of pocket expenses due to your accident. In some instances your settlement could include a portion of the future treatment that your doctor estimates 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 type of compensation is usually granted to children or spouses who have suffered because of the death of a loved ones due to an accident caused by the negligence of another. Punitive damages can be awarded when the defendant is found to have been negligent. This type of compensation is intended to punish the defendant and discourage others from engaging in similar reckless behavior. Filing an action After making contact with a personal injury attorney one should begin accumulating evidence of their losses. Documents like medical records, police reports, and insurance policies can be included. Documentation of lost income or property damage must be included in a claim. If the parties cannot agree on a settlement, the plaintiff's attorney may bring a lawsuit against the defendant. The complaint will outline the claimant's version, describe the actions of the defendant, and request for an amount of money. A summons is also issued and personally served on the defendant as a notice that they are being accused of a crime. The defendant then has an appropriate amount of time to reply. In this stage, both parties will complete the discovery process in which they look into the claims and defenses of the other side. This could be a lengthy process and may involve an extensive amount of documentation. A lawyer can help in making preparations for trial by organizing expert witnesses and gathering evidence. They can also assist in calculating damages. They can also demand an appropriate settlement from the insurance company. The insurance company may accept the offer, decline it, or counter-offer. It is crucial to have an experienced lawyer to protect your rights and maximize your recovery. A competent lawyer can go through all of the evidence available to ensure that you are being compensated for each loss. They can also assist you to eliminate unnecessary expenses and keep track of the amount you're entitled to. If more than one person is liable for the accident, New York law allows each of them to recover the amount they owe. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases could require experts from fields such as economics, medicine, or engineering. Your lawyer can assist you in locating a specialist who can testify to help your case. Based on the specifics of the case, it could be decided outside of court or at trial.