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How to Document Your Personal Injury Compensation Claims An attorney who specializes in personal injury can assist injured victims to receive fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. This includes keeping the track of your medical treatment and out-of-pocket expenses. Economic damages cover 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 have been injured due to another person's wrongful negligence or action It is crucial to act swiftly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitations are legal restrictions that protect individuals from unnecessary lawsuits by preventing claims that are filed after the deadline has been met. The time limitations vary by state and claim type and are typically restricted to certain or specific exceptions. In New York, for example when you want to bring a lawsuit against injuries that result from a car crash the statutes of limitation are three years. For other civil actions that involve negligence, such as medical malpractice and product liability, as well as wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitations applicable to your case and ensure it is filed on time. An experienced lawyer can also examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to note that even when the statute of limitations has run out, you may still be able to file other claims for compensation relating to your injuries, including workers compensation or Social Security disability benefits. It is recommended to consult with an attorney regarding your situation as soon as you can, so that they can provide you with all your options. In most cases, the statute of limitations starts to run from the date of the incident that led to your injury. In certain situations, such as exposure to toxic substances or medical malpractice, the limitation period is not set until you recognize, or reasonably would have known that your injury is result of a negligent act. This is known 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 analyzed by a skilled personal injury lawyer. If you've been injured because of someone else's negligent actions, the attorneys at Littman & Babiarz can help. Contact us today to schedule your free consultation. Damages The goal of a personal injury claim is to get financial compensation from the person accountable for your injuries. Damages are the legal term used to describe this. There are two types of damages: general and special. General damages are intended to compensate you for costs resulting from your injury, which includes medical bills, lost income and pain and suffering. Funeral expenses and emotional distress may be included in special damages. If a loved one passed away because of another's reckless behavior you may also be able to recover wrongful death damages. A court must establish four factors to determine the party responsible for your injuries: duty, breach of duty, causation and damages. To establish a duty, the defendant must have an obligation under law to behave responsibly in a specific circumstance. Negligence is the inability to fulfill this duty. The injury you sustained is directly caused by a breach of this obligation. To qualify for damages the injury must have caused significant damage or injury. For example, a car accident that resulted in a severed arm would result in significant medical expenses, and most likely a loss of wages. The defendant's reckless or negligent actions directly contributed to the injury. 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 determine. Your attorney will use different methods to determine the worth of your pain. Maintaining a log of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional health can help support your claim for these damages. Insurance companies tend to undervalue these damages in order to avoid paying higher settlements. In some rare instances, you can seek punitive damages to punish the responsible party. These damages can only be awarded if the judge or jury finds the defendant's behavior to be outrageous. This kind of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious acts, as well as nursing home abuse. To get these additional damages, you must show to your lawyer that the defendant was acting with willful or malicious intent, fraud or oppression or an avowed indifference towards the consequences of their actions. Settlements The amount you receive for your injuries is contingent on how your case will be resolved. If your case goes to trial the jury will decide how much to award you for your injuries and losses. In many cases, however, parties agree to settle out of the courtroom. They can avoid the time and cost of a court trial. This means that victims can get their compensation sooner than the time they would have to wait for the trial to be completed. A personal injury settlement can include both economic and non-economic damages. The former covers costs such as medical expenses as well as lost wages and property damage. The latter includes aspects such as suffering and pain, as well as the loss of enjoyment of life. It can be difficult to quantify the value on these losses, but an experienced attorney can assist you in determining the value of your injuries. Insurance companies usually offer a settlement to settle your claim before it goes to trial. They will review the evidence you have collected and determine what they think your claim is worth. You may need to submit an official demand letter that includes your evidence and a request for an appropriate compensation amount. Most likely, you will receive a counter-offer by the insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate a fair settlement with the insurer. If you have an appropriate claim, the settlement will cover your medical expenses and other expenses out of pocket related to your accident. In some cases the settlement could also include a portion of any future treatment your doctor believes you'll 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 kind of compensation is typically granted to children or spouses who have suffered because of the loss of a loved one as a result an accident that was caused by negligence of someone else's. You may also receive punitive damages if the defendant was found to be particularly negligent. This kind of compensation is intended to punish the defendant and discourage others from engaging in similar reckless behavior. Filing an action Once a person has contacted an attorney for personal injury the next step is to collect evidence of their losses. Documents like medical records, police reports and insurance policies can be included. Include Newport Beach injury lawsuits www.youtube.com of damage to property or lost income in your claim. If the parties are unable to reach an agreement, the plaintiff's attorney may file an action against the defendant. The complaint will detail the claimant's version, describe the actions of the defendant, and request for an amount of money. A summons will also be filed and personally served to the defendant as a notice that they are being sued. The defendant is given a specific amount of time in which to respond. During this process both sides will go through the discovery phase where each side investigates the defenses and claims of the other. This can be a lengthy process and may involve a great deal of documentation. A lawyer can help to prepare for trial by arranging for experts to testify and gathering evidence. They can also to assist in the calculation of damages. They may also be able to demand an equitable settlement from the insurance company. The insurance company can accept the offer, decline it or make a counteroffer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your payout. The right attorney can comb through all of the available evidence to verify that you're being paid for every loss. They can also weed out unnecessary expenses and assist you to keep track of the amount you are entitled to receive. If more than one person is responsible for the accident, New York law allows each one to be compensated for their share of responsibility. An experienced attorney can help with workers compensation cases. Some personal injury cases might require the assistance of experts in fields such as medicine, economics, and engineering. Your lawyer will assist you choose the right expert to provide testimony and support your case. Based on the specifics of a case, it could be resolved outside of court or at trial.