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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist injured victims get fair compensation. In order to receive the full amount of damages, it is essential to document your losses carefully. This includes keeping the track of your medical expenses and out of pocket expenses. Economic damages cover your future and past medical expenses as well as lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of Limitations If you've been injured by the negligence of someone else or by a wrongful act, you should start a lawsuit as soon as possible. Statutes of limitations are legal time limitations that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary according to the state and claim type and are usually subject to special or limited exemptions. In New York, for example, if you wish to file a lawsuit for injuries sustained in a car accident the statutes of limitation are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and accidental deaths. A lawyer can help determine the time limit applicable to your case and ensure that 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 in your case. It is important to know that even when your statute of limitation is over, you may have other claims for compensation related to your injuries. This includes workers' compensation as well as Social Security disability benefits. It is best to consult an attorney as soon as you can with regards to your situation, so that they can advise you of the options that are available. In the majority of cases, the statute of limitations begins to run on the date of the incident that led to your injury. In some situations, like exposure to toxic materials or medical malpractice the statute of limitation is not established until you are aware or should have known, that your injury is caused by a negligent action. This is known as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, however these circumstances are highly fact-specific and must be examined by a knowledgeable personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you have been injured by another person's wrongful behavior. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party responsible for your injury. The legal term for this is “damages.” There are two kinds of damages which are: general and specific. Murrieta injury lawsuits are designed to provide you with compensation for your losses, such as medical bills as well as lost wages and discomfort and pain. Funeral expenses and emotional stress could be included in the special damages. If a loved one died due to the reckless conduct of another, you can also recover wrongful death damages. A court must establish four elements in order to determine the party responsible for your injury that result from a breach of duty, causation and damages. To establish the duty, the defendant must have an obligation under law to behave responsibly in a particular situation. Negligence is the failure to meet this obligation. A breach of this duty is the direct cause of the injury you suffered. The injury must have caused significant damage or serious harm to be able to claim damages. For example an accident in a car which resulted in a fractured arm could result in substantial medical expenses and possibly the loss of wages. The defendant's reckless or negligent actions directly led to the injury. A claim for wrongful death could be a result of the funeral and burial expenses for your loved one and emotional pain 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 and suffering. Maintaining a log of your pain levels throughout the day and how the injuries affected your mental, physical and emotional well-being could aid in proving your claim for these damages. Insurance companies often undervalue these damages to avoid paying more settlements. In rare cases the attorney may seek punitive damages, which are meant to punish the negligent party. These damages can only be awarded when the judge or jury finds the defendant's conduct to be particularly outrageous. This type of compensation is usually awarded in cases involving drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To be eligible for these additional damages, you need to show to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression, or a conscious disregard for the consequences of their actions. Settlements The amount of compensation you receive for your injuries depends on how your case will be determined. If your case goes to trial, a jury will decide what they will award you for your injuries and losses. In many cases however the parties will reach an agreement to settle their dispute outside of court. This lets them avoid the time and expense of a trial. It also allows victims to recover their compensation earlier than they would have if they waited for the trial process to complete. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical costs, lost wage and property damage. The latter covers aspects like pain, suffering and loss of enjoyment your life. Placing a monetary value on these damages can be difficult however, an attorney can help determine what your injuries are worth. Typically, an insurance company will offer an agreement before your case goes to trial. They will look over the evidence you have collected and decide what they believe your claim is worth. You might be required to submit a letter of demand, along with your evidence and a request for a suitable amount of compensation. Most likely, you will receive a counter-offer from your insurer, which is typically lower than the amount you requested. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid claim the settlement will pay your medical expenses and other out-of-pocket expenses associated with the accident. In some instances the settlement could also include compensation for any future treatment your doctor estimates that 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 kind of compensation is typically granted to children or spouses who have suffered because of the loss of a loved ones due to an accident that was caused by someone else's negligence. You may also receive punitive damages if the defendant is found to be especially negligent. This kind of payment is designed to punish the defendant and prevent others from engaging in similar reckless behavior. Filing a Lawsuit After a person has spoken with an attorney for personal injury and has been advised to collect evidence of their losses. This can include documents such as medical records or police reports, as well as insurance policies. Include evidence of damage to property or lost income in your claim. If the parties cannot agree on an agreement the attorney for the plaintiff may file an action against the defendant. The complaint will outline the claimant's version of events, outline how the actions of the defendant harmed them, and seek relief in the form monetary compensation. A summons is also filed and delivered to the defendant. It is a formal notice that they are being sued. The defendant is given a specific time frame in which to respond. In this stage the parties will go through the discovery process where they investigate the defenses and claims of the other side. This could take a considerable amount of time, and will likely involve a lot of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They will also be able to assist in the calculation of damages. They may also submit a demand to the insurance company for an equitable settlement. The insurance company could accept, decline or counter-offer the offer. It is crucial to hire an attorney who is knowledgeable of the law to safeguard your rights and maximize your recovery. The right attorney can comb through all available evidence to verify that you are being compensated for every loss. They can also assist you to reduce unnecessary expenses and keep track of the amount of money you're entitled. If more than one person is at fault for the accident, New York law allows each one of them to claim for their share of responsibility. A competent lawyer can assist with workers' compensation claims. Certain personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Depending on the circumstances of a case, it can be decided out-of-court or at trial.