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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. In order to receive the full amount of damages, it is essential to record your losses in a meticulous manner. This includes keeping track of your medical treatment and out-of-pocket expenses. Economic damages are a result of the future and past medical expenses and lost wages. Also, it covers your suffering and pain, as well as the loss of companionship. Statute of Limitations If you've suffered an injury because of a negligent negligence or action it is imperative to act quickly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limitations that protect the parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary depending on the state of origin and claim type, and are often subjected to limited or special exemptions. In New York, for example for instance, if you want to file a lawsuit for injuries that result from a car crash, the statutes of limitations are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can assist you determine the time limit that applies to your case and ensure that it is filed in a timely manner. An experienced lawyer can examine your case to determine if there are any extensions or waivers that may be possible. You should be aware that even if your statute of limitations has expired you may still have other claims for compensation relating 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 that they can advise you of all the options that are available. In most instances, your statute of limitations will expire on the date of the incident that led to your injury. In some instances, like exposure to toxic substances or medical malpractice the time limit is not set until you are aware, or reasonably would have known that your injury is caused by a negligent act. This is known as the discovery rule. There are some rare situations in which the statute of limitations is “tolled”, or suspended. These scenarios are factual and require a knowledgeable personal injury lawyer to evaluate. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to receive financial compensation from the party accountable for your injuries. The legal term used to describe this is “damages.” There are two types of damages that are general and special. General damages are meant to compensate you for the costs resulting from your injury, such as medical bills, lost income, and pain and suffering. Funeral expenses and emotional stress could be included in the special damages. If a loved one died because of another's reckless behavior you may also be able to recover damages for the wrongful death. To hold the responsible party accountable for your injury, a court must determine four elements which are breach, duty, causation and damages. To establish the duty the defendant must be under a legal obligation to be responsible in a specific circumstance. Negligence is the failure to perform this duty. A breach of this obligation is the direct cause of the injury you suffered. The injury must have caused significant damage or caused serious harm in order to be eligible for damages. A car accident that causes a severed hand would result in substantial medical costs and most likely the loss of income. The defendant's reckless or negligent actions directly caused the injury. A wrongful death claim might involve the funeral and burial costs of your loved one as well as emotional distress that you or your family suffered. Non-financial damage is more difficult to quantify. Your attorney will employ different methods to determine the value of your pain. Maintaining a log of your daily pain levels and how your injuries have affected your physical, mental and emotional health can aid in proving your claim for these damages. Many insurance companies undervalue the damages in order to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. The damages can only be granted when a jury or judge finds the defendant's actions to be particularly outrageous. This kind of compensation is usually awarded in cases of drunk driving accidents, or malicious actions, and nursing home abuse. To obtain these additional damages your lawyer must demonstrate that the defendant was acting with malice, wantonness or fraud, as well as oppression or with a lack of awareness of the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation that you receive. If your claim goes to trial, a jury will decide what they will award you for your injuries and losses. In many cases parties, however, they agree to settle out of the courtroom. This lets them avoid the time and cost of a trial. Additionally, it allows victims to receive their compensation earlier than they would have if they waited for the trial process to conclude. A personal injury settlement includes both economic and non-economic damages. The former covers costs such as medical expenses as well as lost wages and property damage. The latter include aspects like suffering and pain, as well as the loss of enjoyment. Calculating Santa Clarita injury lawyer for these damages can be difficult, but an attorney can help determine what your injuries are worth. Typically, an insurance company will usually offer an agreement before your case goes to trial. They will examine the evidence that you have gathered and determine how much they consider your claim. You may be required to file a demand letter, which is accompanied by evidence and an offer for a suitable compensation amount. You will most likely receive a counter-offer from your insurer, which is typically less than what you asked for. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have an appropriate claim, the settlement will cover your medical expenses and other out-of pocket expenses associated with your accident. In some instances the settlement may also include compensation for future treatment that your doctor estimates you will need as a result of 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 typically given to children and spouses who suffer because of the loss of a loved one during an accident caused by another person's negligence. You may also receive punitive damages if the defendant is found to be particularly negligent. This kind of compensation is intended to punish the defendant, and deter others from engaging in reckless conduct. Filing an action Once a person has contacted an attorney for personal injuries and has been advised collecting evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Documentation of loss of income or property damage should be included in a claim. If the parties fail to reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will outline the plaintiff's account of the events, explain how the actions of the defendant hurt them and ask for relief in the form of monetary compensation. A summons is also filed and personally delivered to the defendant. This is a notice that they are being sued. The defendant is then given the time to reply. During this process both sides will go through the discovery phase in which each party investigates the defenses and claims of the other. It can be a long process that may require an extensive amount of documentation. A lawyer can help to prepare for trial by arranging for experts to testify and gathering evidence. They are also able to assist in calculating damages. They may also submit an offer to the insurance company for a fair settlement. The insurance company could accept, reject or counteroffer the offer. It is crucial to hire an attorney who knows the law to protect your rights and maximize your recovery. The right attorney can comb through all the available evidence to verify that you're being paid for every loss. They can also help you eliminate unnecessary expenses and assist you to keep track of the money you are entitled to receive. New York law allows for each person to be compensated for their share of the responsibility if more than one party is responsible for an accident. A competent lawyer can assist with workers' compensation claims. Some personal injury cases may require the use experts in 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 facts of a case, it can be decided out-of-court or in a trial.