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How to Document Your Personal Injury Compensation Claims An attorney for personal injury can assist injured victims to receive fair compensation. In order to receive the full amount of damages, it is essential to keep track of your losses meticulously. Keep the track of all medical expenses and out-of the pocket expenses. Economic damages cover the costs of your past and future medical expenses as well as lost wages. Also, it covers the pain and suffering you endured, as well as the loss of companionship. Statute of limitations If you've suffered an injury by a negligent negligence or action it is imperative to act quickly and start a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and claim type and they are often restricted to certain or specific exceptions. In New York, for example when you want to file a lawsuit relating to injuries caused by a car accident, the statutes of limitations are three years. For other civil actions that involve negligence like medical malpractice, product liability and wrongful death the statute of limitation is two years. A lawyer can assist you determine the time limit that applies to your case and ensure it is filed on time. An experienced lawyer can also analyze your case and suggest any possible extensions or waivers of the statute of limitations that apply. You should be aware that even the time 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. It is best to consult an attorney as early as you can regarding your situation, so they can provide you with the options that are available. In most cases, the statute of limitations begins to run on the date of the incident which caused your injury. However, in some situations, such as exposure to toxic substances or medical negligence the statute of limitations does not begin to run until you have realized or reasonably should have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are also a few instances where the statute of limitations is “tolled” or suspended, however these circumstances are very specific to the facts and need to be assessed by a competent personal injury lawyer. Littman & Babiarz's attorneys can help you if you have been injured due to another person's wrongful behavior. Contact us today to set up your free consultation. Damages The goal of a personal injury claim is to obtain financial compensation from the party accountable for your injury. The legal term used to describe this is “damages.” There are two groups of damages that are general and special. General damages are intended to provide you with compensation for your losses like medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional distress may be included in special damages. If your loved one died because of reckless behavior by another person, you could be able recover wrongful death damage. A court must establish four factors to determine who is responsible for your injuries that result from a breach of duty, causation and damages. To establish the duty the defendant must be under the legal obligation to be responsible in a specific situation. Negligence is the failure to perform this obligation. A breach of this duty is a direct cause for the injury you suffered. To qualify for damages, the injury must have caused significant harm or caused significant damage. A car accident resulting in an injury to the hand could result in significant medical expenses and, most likely, the loss of income. The defendant's reckless or negligent actions directly caused the injury. A wrongful death claim could include funeral and burial costs of your loved one as well as emotional trauma that you or your family suffered. Non-financial damages are more difficult to determine. Your lawyer will employ a variety of methods to calculate the worth of your suffering and pain. Keep a journal to record your daily pain level and how your injuries affect you mentally, physically, and emotionally. This will help to support your claim. Many insurance companies underestimate the value of these damages to avoid paying higher settlements. In rare cases your lawyer can seek punitive damages, which are intended to punish the responsible party. These damages are only available if jurors or judges believe that the conduct of the defendant was particularly obscene. This kind of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To get these additional damages, you must prove to your lawyer that the defendant was acting with malice, willfulness, or oppression or an avowed indifference to the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case will be decided. If your case goes to trial, a jury will determine how much they will award you for your losses and injuries. In many cases, the parties will agree to settle the matter outside of court. They can avoid the time and expense of the court trial. It also allows victims to collect their compensation sooner than they would if they waited for the trial process to conclude. A personal injury settlement covers both economic and non-economic damages. The former includes costs like medical expenses loss of wages, property damage. The latter include things like pain and suffering and the loss of enjoyment of life. Calculating a dollar value for these damages is often challenging, but an attorney can help determine the value of your injuries. Typically an insurance company will typically offer a settlement prior to the case goes to trial. They will examine the evidence that you have collected and determine how much they consider your claim. You may be required to provide a letter of demand, along with the evidence you have provided and a request for a suitable compensation amount. The insurance company will likely offer you a counter-offer which is usually lower than your requested amount. Your attorney can then negotiate with the insurer to reach an acceptable 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 some instances the settlement could 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 usually awarded to spouses or children who have suffered because of the death of a loved ones due to an accident caused by negligence of someone else's. Punitive damages can be awarded if the defendant is found to have been particularly negligent. This kind of payment is designed to punish the defendant and deter others from engaging in similar reckless behavior. Filing an action After making contact with a personal injury attorney one should begin collecting documentation of their losses. Documents like medical records, police reports, and insurance policies could be included. Documentation of loss of income or property damage must be included in the claim. If the parties are unable to reach an agreement the lawyer for the plaintiff may make a claim against the defendant. Chino injury lawyer You Tube will outline the claimant's version, describe the actions of the defendant and request for the amount of compensation. A summons is also filed and delivered to the defendant. It is a notification that they are being accused of a crime. The defendant will then have the time to reply. In this stage each party will complete the discovery process in which they examine the claims and defenses of the other side. It can be a long process that may require lots of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They can also to assist in calculating damages. They can also make a demand to the insurance company for an equitable settlement. The insurance company can accept the offer, reject it or make a counteroffer. It is essential to hire a knowledgeable lawyer to ensure your rights are protected and maximize your recovery. The right attorney can comb through all of the evidence available to ensure that you are compensated for each loss. They can also assist you to eliminate unnecessary expenses and keep track of the amount of money you're entitled. New York law allows for every person to be compensated for their share of the blame if more than one person is responsible for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the involvement of experts in areas such as economics, medicine and engineering. Your lawyer will help you select an appropriate specialist to testify and help support your case. Based on the circumstances, certain cases could be tried in court, while others will settle outside of the court.