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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can help victims of injuries get fair compensation. The process of documenting your losses is vital for obtaining full damages. Keep an eye on the medical expenses and out of the pocket expenses. Economic damages are a result of your future and past medical expenses and lost wages. Also covered are the pain and suffering and 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 limitation are legal time limits that safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. These time limits can vary according to the state and the type of claim and are usually subject to specific or limited exemptions. In New York, for example, if you wish to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. For Bellflower injury lawsuits that involve negligence such as medical negligence and product liability, as well as wrongful death, the statute of limitations is two years. A lawyer can help you determine the statute of limitation applicable to your case and ensure that the case is filed in time. An experienced lawyer can examine your case to determine if there are any extensions or waivers that might be possible. It is important to 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 and Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so that they can provide you with the various options available. In the majority of cases, your statute of limitations will run from the date of the incident that caused your injury. However, in some situations like exposure to toxic substances or medical negligence, the statute of limitations does not start to run until you realize or ought to have realized that your injury was the result of a negligent act. This is referred to as the discovery rule. There are also a few instances where the statute of limitations has been “tolled” or suspended, but these situations are very specific to the facts and need to be examined by a knowledgeable personal injury lawyer. If you've suffered injury due to someone else's wrongful 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 obtain financial compensation from the person accountable for your injury. Damages is 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 losses associated with your injury, which includes medical bills, lost income and pain and suffering. Special damages could include funeral costs as well as emotional distress. If your loved one has died due to reckless behavior by a third party, you could be able recover wrongful death damage. To hold the person responsible accountable for your injuries the court must establish four elements which are breach, duty, damages and causation. To establish a defendant's obligation, they must be legally bound to act responsibly in the particular situation. In the event of a breach of this obligation is called negligence. The injury you suffered is directly caused by a breach of this duty. To be able to claim damages, the injury must have caused significant damage or injury. A car accident that causes an injury to the hand could cause significant medical expenses and most likely loss of income. The defendant's reckless or negligent actions directly contributed to the injury. The wrongful death claim could include funeral and burial expenses for your loved one as well as emotional stress you or your family members have suffered. Non-financial damage is more difficult to determine. Your attorney will employ different methods to determine the value of your suffering and pain. Keeping a journal of your pain levels throughout the day and how your injuries have affected your mental, physical and emotional health can aid in proving your claim for these damages. Many insurance companies undervalue the damages to avoid paying higher settlements. In rare instances, your attorney can seek punitive damages, which are intended to punish the negligent party. The damages can only be granted when the judge or jury finds the defendant's behavior to be outrageous. This kind of compensation is typically awarded in cases involving drunk driving accidents, intentional or malicious acts, and nursing home abuse. To be eligible for these additional damages, your lawyer must prove that the defendant committed the offense with malice, willful or fraud, as well as oppression or conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you receive. If your claim goes to trial the jury will decide how much to award you for your injuries and losses. In many cases, the parties will agree to settle their dispute outside of court. This allows them to avoid the time and cost of a trial. This also allows victims to collect their compensation earlier than should they wait for the trial process to be completed. A personal injury settlement includes both economic and non-economic damages. The former include expenses like medical expenses, lost wages, and property damage. The latter include things such as suffering, pain, and the loss of enjoyment your life. It isn't always easy to quantify the value on these damages, but an experienced attorney can assist you in determining the worth of your injuries. Insurance companies will usually offer a settlement to settle your claim before it goes to trial. They will review the evidence you've collected and determine how much they will consider your claim. You may be required to send an offer letter, which is accompanied by evidence and a request for the 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 insurance company. If you have an appropriate claim the settlement will pay your medical expenses as well as other out-of-pocket expenses due to your accident. In some cases, your settlement may also include a portion of any future treatment your doctor estimates that you'll 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 someone else's negligence. You could also be eligible for punitive damages if you were found to be negligent in particular. This type of compensation is designed 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. This could include documents such as medical records or police reports, as well as insurance policies. Include documentation of damage to your property or income loss in your claim. If the parties are unable to reach an agreement the lawyer for the plaintiff may bring a lawsuit against the defendant. The complaint will outline the claimant's version of events, outline how the defendant's actions harmed them, and seek relief in the form of monetary compensation. A summons is also filed and personally served on the defendant, which is a notification that they are being accused of a crime. The defendant then has a certain amount of time to reply. During this process, both sides will complete the discovery phase in which each side investigates the other's claims and defenses. This can take a significant amount of time and likely require a lot of documents. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also help calculate damages. They can also demand an equitable settlement from the insurance company. The insurance company could accept or decline the offer it or make a counteroffer. It is important to have an experienced lawyer to ensure your rights are protected and maximize your compensation. An experienced attorney can go through all the evidence available to ensure that your losses are being compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of the amount you are entitled to receive. If more than one person is at fault for the accident, New York law allows each of them to recover the amount they owe. A skilled attorney can also help with workers' compensation cases. Some personal injury cases may require the use experts in fields like medicine, economics, and engineering. Your lawyer can assist you in locating an expert who can testify to support your case. Depending on the specifics of a case, it can be decided outside of court or at trial.