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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist injured victims to receive fair compensation. To be Merced injury lawyer You Tube to claim full damages, it is essential to keep track of your losses meticulously. This includes keeping an eye on your medical expenses and out of pocket expenses. Economic damages include the cost of your past and future medical expenses, as well as lost wages. It also covers suffering and pain and loss of companionship. Statute of Limitations If you've suffered an injury due to another person's wrongful act or negligence it is imperative to act swiftly and make a personal injury claim before the statute of limitations expires. Statutes of limitations are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations can differ depending on the state of origin and the type of claim and are usually subject to limited or special exemptions. For instance in New York, if you would like to file a lawsuit over injuries sustained in an automobile accident, the statute of limitations for these types of cases is three years. For civil actions that involve negligence such as medical negligence or product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help determine the statute of limitation that applies to your case and ensure that the case is filed on time. A lawyer with experience will 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 that relate to your injuries. This includes workers' compensation as well as Social Security disability benefits. However, it is advised to speak with an attorney about your situation as soon as you can, so that they can inform you of all options. In most instances, the statute of limitations begins to expire on the date of the incident that caused you injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice the statute of limitations does not begin to run until you have realized or should have known that your injury was caused by the negligent action. This is known as the discovery rule. There are rare circumstances where the statute of limitation is “tolled”, or suspended. These situations are highly factual and require a skilled personal injury lawyer to evaluate. The attorneys at Littman & Babiarz can help you if you have been injured by an unintentional act of another. Contact us for an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the party who is responsible for your injury. The legal term used to describe this is “damages.” There are two types of damages: general and special. General damages are designed to compensate you for your losses such as medical expenses or lost wages, as well as discomfort and pain. Funeral costs and emotional distress can be incorporated into special damages. If your loved one has died because of reckless behavior by another, you may be able recover the cost of wrongful death. To hold the person responsible accountable for your injury the court must establish four elements which are breach, duty, causation and damages. To establish a duty, the defendant must have an obligation under law to act responsibly in a particular situation. In the event of a breach of this obligation is referred to as negligence. A breach of this duty is the direct cause of the injury you sustained. The injury must have caused serious damage or caused serious harm to qualify for damages. For example a car crash that resulted in a severed arm would result in significant medical costs and likely an interruption in wages. The defendant's careless or reckless actions directly led to the injury. A wrongful death claim might be a result of the funeral and burial expenses for your loved one as well as emotional distress that your family or you experienced. Non-financial damages can be more difficult to determine. Your attorney will employ different methods to determine the value of your pain. Keeping a journal of your daily pain levels and how your injuries have affected your mental, physical, and emotional well-being can aid in your claim for these damages. Many insurance companies undervalue these damages to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's behavior was particularly obscene. These types of compensation are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. In order to receive 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 ruled will determine the amount of compensation you receive. If your claim goes to trial the jury will determine how much to award you for your losses and injuries. In a lot of cases parties, however to settle out of court. They are able to avoid the time and expense of the court trial. This also allows victims to recover their compensation sooner than they would have if they waited for the trial process to be completed. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses loss of wages, property damage. The latter include aspects like suffering and loss of enjoyment of life. It can be difficult to determine a dollar amount on these damages, but an experienced lawyer can help you determine the value of your injuries. Insurance companies typically offer a settlement to settle your case prior to it goes to trial. They will review the evidence you've gathered and determine what they think your claim is worth. You may need to submit an official demand letter that is accompanied by evidence and a request for an appropriate compensation amount. The insurance company will likely offer you a counter-offer which is often lower than your requested amount. Your attorney will then negotiate with the insurer to reach a fair settlement for your injuries. If you have a valid claim, the settlement will cover the cost of your medical treatment and other expenses out of pocket associated with your accident. In certain cases the settlement could also include a portion of any future treatment that your doctor believes you will require as a result of 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 granted to spouses and children who have suffered due to the loss of a loved one due to an accident caused by another's negligence. Punitive damages are possible when the defendant is found to have been particularly negligent. This kind of compensation is intended to penalize the defendant and deter others from engaging in similar reckless actions. Filing an action After a person has spoken with a personal injury lawyer the next step is 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 an insurance claim. If the parties cannot reach a settlement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant harmed them, and seek relief in the form monetary compensation. A summons will also be issued and personally served on the defendant, which is a notification that they are being sued. The defendant has a limited timeframe to respond. In this process each side will complete the discovery phase in which each side will investigate the defenses and claims of the other. This can take a significant amount of time, and will likely require a lot of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company could accept or decline the offer it, or counter-offer. It is essential to hire an experienced lawyer to ensure your rights are protected and maximize your recovery. The right attorney will be able to go through all the evidence to verify that your losses are compensated. They can also eliminate unnecessary expenses and assist you to keep track of all the funds you are entitled receive. New York law allows for everyone to be compensated for their share of the responsibility in cases where more than one person is responsible for an accident. A skilled lawyer can also assist with claims for workers' compensation. Some personal injury cases may require the assistance of experts in areas like economics, medicine, or engineering. Your lawyer can assist you in locating a specialist who can provide testimony to help your case. Based on the situation, some cases could go to trial while others settle out of court.