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How to Document Your Personal Injury Compensation Claims A personal injury attorney can assist victims of injuries to obtain fair compensation. Documenting your losses is essential for obtaining full damages. This includes keeping track of your medical expenses and out-of-pocket expenses. Economic damages cover your past and future medical expenses and lost wages. It also covers the pain and suffering as well as loss of companionship. Statute of Limitations If you've been injured due to negligence or a negligent act, you must file a lawsuit as soon as you can. Statutes of limitation are legal time restrictions which safeguard parties from unnecessary litigation. They prevent claims being filed after the deadline. The time limitations vary by state and claim type and are typically subject to special or limited exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries caused by a car accident the statute of limitations are three years. For other civil actions that involve negligence, such as medical malpractice or product liability, as well as wrongful death the statute of limitations is two years. A lawyer can help you determine the time limit that applies to your case and ensure that it is filed on time. A lawyer with experience will examine your case to determine if there are extensions or waivers that could be possible. It is important to know that even when your statute of limitation has passed, you could have other claims for compensation relating to your injuries. This includes workers' compensation and Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so that they can provide you with all the options available. In most instances, your statute of limitations begins to run from the date of the incident that caused your injury. In some situations, like exposure to toxic materials or medical malpractice, the time limit does not begin until you realize or could have realized that your injury was result of a negligent act. This is referred to as the discovery rule. There are some rare situations in which the statute of limitations is “tolled” or suspended. These cases are factual and require a knowledgeable personal injury lawyer to look into. If you've been injured by someone else's reckless actions, the attorneys at Littman & Babiarz can help. Contact us today to arrange a free consultation. Damages A personal injury claim seeks financial compensation from the party accountable for your injuries. The legal term for this is “damages.” There are two kinds of damages that are general and special. General damages are intended to compensate you for losses associated with your injury, which includes medical bills, lost income, and pain and suffering. Funeral expenses and emotional stress could be included in the special damages. If your loved one has died because of another's reckless behavior you may also be entitled to wrongful death damages. A court must establish four elements in order to determine who is responsible for your injury: duty, breach of duty, causation, and damages. To establish a defendant's obligation, they must be legally bound to behave responsibly in the specific circumstance. Failure to meet this obligation is referred to as negligence. A breach of this obligation is a direct cause of the injury you sustained. To be able to claim damages the injury must have caused severe harm or significant damage. A car accident that causes an injured hand could result in significant medical expenses and most likely the loss of income. The injury was directly caused by the defendant's careless or reckless actions. A wrongful death claim could involve the funeral and burial costs of your loved one as well as emotional distress that your family or you suffered. Damages that are not financial are more difficult to quantify. Your attorney will use different methods to calculate the value of your suffering and pain. Keep a journal of your pain levels throughout the day and how your injuries have affected you physically, physically, and emotionally. This can help you support your claim. Insurance companies tend to undervalue the damages of their clients to avoid paying more settlements. In rare cases, your attorney can pursue punitive damages. These are intended to penalize the party who was negligent. These damages can only be awarded if the judge or jury finds the defendant's conduct to be particularly obscene. These types of compensations are usually awarded in cases of drunk driving accidents, malicious or intentional acts, and nursing facility abuse. To obtain Sacramento injury lawyers must prove that the defendant committed the offense in a manner that was ill-intentional, shrewd or fraud, as well as oppression or with a lack of awareness of the consequences of his or her actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim is contested by a jury, the jury will decide how much you are awarded for your injuries and losses. In many cases however, the parties will agree to settle the matter outside of court. This allows them to avoid the time and cost of a trial. It also allows victims to collect their compensation sooner than if they waited for the trial to conclude. The settlement for a personal injury includes the economic as well as other damages. The former include costs like medical expenses, lost wages, and property damage. The latter includes aspects like suffering, pain and the loss of enjoyment your life. It can be difficult to quantify the value on these damages, but an experienced lawyer can assist you in determining the value of your injuries. Typically, an insurance company will usually offer a settlement prior to the case goes to trial. They will examine the evidence you've gathered and decide what they believe your claim is worth. You may need to submit a demand letter, which is accompanied by evidence and a request for an appropriate compensation amount. The insurer is likely to make a counter-offer which is usually lower than your requested amount. Your attorney can then negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid legal claim, the settlement will generally cover medical expenses as well as other out-of-pocket expenses due to the accident. In certain cases your settlement could include a portion of 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 type of compensation is typically awarded to spouses or children who have suffered due to the loss of a loved ones as a result of an accident that was caused by negligence of someone else's. Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is intended to penalize the defendant and prevent others from engaging in similar reckless behaviors. Filing a Lawsuit After contact with an attorney for personal injury the client should begin accumulating evidence of their losses. This could include documents such as medical records as well as police reports and insurance policies. Documentation of lost income or property damage should be included in a claim. If the parties are unable to reach a settlement, the plaintiff's attorney may file an action against the defendant. The complaint will detail the claimant's argument, outline the actions of the defendant and request for the amount of compensation. A summons will also be filed and personally served on the defendant and serves as a notice that they are being sued. The defendant has a limited amount of time in which to respond. During this phase, both parties will complete the discovery process in which they look into the defenses and claims of the other side. This could take a considerable amount of time and will likely require a lot of documentation. A lawyer can help to prepare for trial by arranging expert witnesses and obtaining evidence. They can also help calculate damages. They may also be able to demand a fair settlement from the insurance company. The insurance company may accept, decline or counter-offer the offer. It is vital to have an attorney who is familiar with the law in order to protect your rights and maximize recovery. A good lawyer will be able to go through all the evidence to confirm 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 responsible for the accident, New York law allows each of them to recover the amount they owe. An experienced attorney can assist with workers claims for compensation. Some personal injury cases require the involvement of experts in fields such as economics, medicine and engineering. Your lawyer will assist you select an appropriate specialist to provide testimony and support your case. Based on the facts of the case, it can be resolved outside of court or at trial.