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How to Document Your Personal Injury Compensation Claims Personal injury attorneys can assist victims of injuries receive fair compensation. To be able to claim full damages, it is important to record your losses in a meticulous manner. Keep an eye on all medical expenses as well as out-of expenses out of pocket. Economic damages cover your past and future medical expenses as well as lost wages. Also, it covers pain and suffering as well as loss of companionship. Statute of limitations If you've suffered an injury due to another person's wrongful act or negligence, it is important to act swiftly and file a personal injury lawsuit before the statute of limitations runs out. Statutes of limitations are legal time limitations that protect the parties from unnecessary litigation by preventing claims from being filed after the deadline has expired. These time limits vary by state and claim type and they are often subject to specific or limited exceptions. For instance, in New York, if you want to bring a lawsuit for injuries caused by an automobile accident, the statute of limitations for these cases is three years. For other civil actions involving negligence such as medical negligence, product liability and wrongful death the statute of limitation is two years. A lawyer can help determine the statute of limitation that applies to your case, and ensure that it is filed in time. An experienced lawyer can examine your case to determine if there are extensions or waivers that may be possible. It is important to know that even when your statute of limitation has expired you may still 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 inform you of the options that are available. In the majority of instances, your statute of limitations will begin running from the date of the incident that caused your injury. However, in certain circumstances such as exposure to toxic substances or medical malpractice, the statute of limitations will not begin to run until you realize or ought to have realized that your injury was caused by the negligent act. This is referred to as the discovery rule. There are some rare situations where the statute of limitations is “tolled” or suspended. These situations are highly factual and require a knowledgeable 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 today to arrange an appointment for a free consultation. Damages A personal injury claim seeks financial compensation from the person accountable for your injuries. Damages is the legal term used to describe this. There are two types of damages, general and special. General damages are meant to pay for the losses you have suffered, such as medical bills or lost wages, as well as pain and discomfort. Special damages can include funeral costs and emotional stress. If a loved one died due to the reckless conduct of another, you can also recover damages for the wrongful death. A court must establish four factors to find the responsible party liable for your injury such as breach of duty, causation and damages. To establish the duty the defendant must be under a legal obligation to behave responsibly in a specific circumstance. Negligence is the failure to meet this duty. The injury you suffered is directly resulting from a breach of this obligation. To be able to claim damages, the injury must have caused significant harm or caused significant damage. For instance, a car accident that resulted in a severed arm could result in substantial medical expenses, and most likely a loss of wages. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim could include funeral and burial expenses for your loved one, as well as emotional stress you or your family experienced. Non-financial damages are more difficult to calculate. Your attorney will use different methods to determine the value of your pain. Keeping a journal of your pain levels throughout the day and how the injuries affected your mental, physical and emotional well-being could help support your claim for these damages. Insurance companies often undervalue these damages to avoid paying higher settlements. In rare cases you may be able to seek punitive damages to punish the negligent party. These damages are only available when the judge or jury believes that the defendant's conduct was particularly obscene. This type of compensation is typically awarded in cases involving drunk driving accidents, or malicious actions, and nursing home abuse. To be eligible for these additional damages the lawyer must prove that the defendant was acting with malice, wantonness or fraud, as well as oppression or a conscious disregard for the consequences of their actions. Settlements The amount you receive for your injuries depends on how your case is resolved. If Sandy injury lawyer goes to trial, a jury will decide how much they will award you for your injuries and losses. In many cases the parties will reach an agreement to settle out of court. They can avoid the time and cost of an in-court trial. This allows victims to get their compensation sooner than if they had to wait for the trial to conclude. The settlement for personal injuries includes damages that are both economic and non-economic. The former include expenses like medical expenses, lost wages and property damage. The latter include things such as pain, suffering and loss of enjoyment of your life. It isn't always easy to quantify the value on these damages, but an experienced attorney can help you determine the value of your injuries. Insurance companies usually offer a settlement to settle your case before it goes to trial. They will examine the evidence that you have 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 an appropriate compensation amount. The insurer is likely to send you a counter-offer, which is usually less than the amount you requested. Your lawyer can negotiate an acceptable settlement with the insurance company. If you have an undisputed legal claim, your settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In certain cases your settlement could include compensation for any future treatment that your doctor believes you'll 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 type of compensation is typically granted to children or spouses who have suffered because of the death of a loved ones due to an accident that was caused by someone else's negligence. Punitive damages may be awarded when the defendant is found to have been particularly negligent. This kind of payment is intended to punish the defendant and deter others from engaging in reckless behavior. Filing an action Once someone has contacted an attorney for personal injury, they should begin collecting evidence of their losses. This could include documents such as medical records, police reports and insurance policies. Documentation of lost income or property damage must be included in the claim. If the parties are unable reach an agreement, the plaintiff's lawyer may make a claim against the defendant. The complaint will provide the claimant's argument, outline the defendant's actions and ask for monetary compensation. A summons is also filed and handed over to the defendant. It is a formal notice that they are being sued. The defendant then has a certain amount of time to reply. During this process both sides will go through the discovery phase in which each side will investigate the other's claims and defenses. It can be a long process that may require lots of documents. A lawyer can help in the preparation for trial by arranging expert witnesses and gathering evidence. They can also help calculate damages. They can also demand a fair settlement from the insurance company. The insurance company may accept, decline or counteroffer the offer. It is vital to have an attorney who is familiar with the law to protect your rights and maximize recovery. The right attorney will be able to look through all the evidence available to confirm that your losses are being compensated. They can also weed out unnecessary expenses and assist you to keep track of all the money 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. A skilled lawyer can also assist with claims for workers' compensation. Certain personal injury cases require the involvement of experts in fields such as medicine, economics and engineering. Your lawyer will assist you choose a qualified expert to testify in support of your case. Depending on the situation, some cases may go to trial while others settle out of the court.