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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can help injured victims win fair compensation. To receive full damages, it's important to document your losses carefully. This includes keeping an eye on your medical treatment and out-of-pocket expenses. Economic damages are a result of your future and past medical costs and lost wages. Also covered are the pain and suffering as well as loss of companionship. Statute of Limitations If you've suffered injuries due to negligence or a negligent act, you should file a lawsuit as soon as possible. Statutes of limitations are legal limitations that protect individuals from unnecessary litigation by preventing claims filed after the deadline has passed. The time limitations can differ according to the state and the type of claim and are usually subject to special or limited exemptions. For example in New York, if you are seeking to file a lawsuit relating to injuries sustained in an auto accident, the statute of limitations for these kinds of cases is three years. The statute of limitations for civil actions which involve negligence is two years. This includes medical malpractice, product liability, and accidental deaths. A lawyer can assist you in determining the statute of limitations applicable to your case and ensure that the case is filed on time. A lawyer with experience can examine your case to determine if there are any extensions or waivers that could be available. It is important to note that even when the statute of limitations has run out however, you may be able to make claims for compensation related to your injuries, such as workers compensation or Social Security disability benefits. However, it is advised to consult with an attorney regarding your case as soon as possible to ensure that he or she can advise you of all options. In the majority of cases, your statute of limitations begins to run on the date of the incident that led to your injury. However, in some situations such as exposure to harmful substances or medical negligence, the statute of limitations does not start to run until you realize or should have known that your injury was caused by a negligent act. This is referred to as the discovery rule. There are some rare situations where the statute of limitation is “tolled”, or suspended. These scenarios are factual and require a skilled personal injury lawyer to evaluate. Our lawyers at Littman & Babarz can help you if you have been injured by another person's wrongful behavior. Contact us for a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. Damages are the legal term used to describe this. There are two kinds of damages: general and special. General damages are intended to compensate you for the costs resulting from your injury, which includes medical expenses, lost income and suffering and pain. Funeral expenses and emotional stress can be incorporated into special damages. If your loved one has died due to the reckless conduct of another you may also be entitled to damages for wrongful death. To hold the person responsible accountable for your injury, a court must establish four elements: duty, breach, damages and causation. To establish a defendant's duty, they must be legally bound to behave responsibly in the given circumstance. Negligence is the failure to perform this obligation. A breach of this duty is a direct cause of the injury you sustained. Stockton injury attorneys must have caused significant damage or caused serious harm in order to be eligible for damages. For example an accident in a car that caused a broken arm would result in significant medical costs and likely a loss of wages. The injury was directly caused 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 members have suffered. Non-financial damage is more difficult to quantify. Your lawyer will employ a variety of methods to determine the amount of your pain. Keep a record of your daily pain levels and how the injuries have affected your physical, mental and emotional well-being could aid in your claim for these damages. Insurance companies often undervalue the damages of their clients to avoid paying higher settlements. In some rare instances you may be able to obtain punitive damages to punish the responsible party. These damages are only available if jurors or judges believe that the defendant's conduct was especially outrageous. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or deliberate actions, or nursing facility abuse. To get these additional damages, you need to prove to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or a conscious indifference towards the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case is resolved. If your claim goes to trial the jury will decide how much they will award you for your injuries and losses. In many cases the parties will agree to settle out of court. This lets them avoid the time and cost of a trial. This allows victims to get their compensation sooner than if they had to wait for the trial to be completed. A personal injury settlement covers both economic and non-economic damages. The former includes costs such as medical expenses, lost wage and property damage. The latter includes aspects like suffering and loss of enjoyment of life. Calculating a dollar value for these damages can be difficult however, an attorney can help determine the value of your injuries. Typically an insurance company will typically offer an agreement before your case goes to trial. They will examine the evidence you have collected and determine what they think your claim is worth. You may be required to provide a letter of demand, along with your evidence and an appropriate compensation amount. The insurer will likely offer you a counter-offer which is usually less than the amount you requested. Your attorney will then negotiate a fair settlement with the insurer. If you have an appropriate legal claim, your settlement will typically cover your medical bills as well as other out-of-pocket expenses due to the accident. In some cases, your settlement may also include a portion of any future treatment your doctor estimates that you will require as a result. 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 have suffered because of the death of a loved ones as a result of an accident caused by negligence of someone else's. Punitive damages may be awarded if the defendant is found to have been particularly negligent. This type of payment is designed to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing an action After making contact with an attorney for personal injury one should begin collecting documentation of their losses. This can include documents such as medical records as well as police reports and insurance policies. Include evidence of damage to property or lost income in your claim. If the parties cannot agree on a settlement or agreement, the attorney representing the plaintiff can file a lawsuit against the defendant. The complaint will outline the plaintiff's version of events, outline how the actions of the defendant hurt them, and seek relief in the form of financial compensation. A summons is also filed and handed over to the defendant. This is a notice that they are being sued. The defendant has a limited time frame in which to respond. In this process both sides will go through the discovery phase in which each side will investigate the defenses and claims of the other. It can be a long process and could require an extensive amount of documentation. A lawyer can help prepare for trial by arranging for expert witnesses and collecting evidence. They will also be able to assist in the calculation of damages. They may also be able to demand a fair settlement from the insurance company. The insurance company may accept, reject or counter-offer the offer. It is essential to hire an experienced lawyer to protect your rights and maximize your payout. An experienced attorney will be able to look through all the evidence available to ensure that your losses are being compensated. They can also eliminate unnecessary expenses and assist you to keep track of the funds you are entitled receive. New York law allows for every person to be compensated for their part of the responsibility if more than one party is responsible for an accident. An experienced attorney can assist with workers claims for compensation. Certain personal injury cases require the use of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify in support of your case. Depending on the circumstances, certain cases could be tried in court, while others will settle out of the court.