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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 receive full damages, it is important to record your losses in a meticulous manner. This includes keeping track of your medical expenses and out of pocket expenses. Alhambra injury attorney include your past and future medical costs and lost wages. Also, it covers your pain and suffering and the loss of companionship. Statute of limitations If you have been injured by a negligent act or negligence it is imperative to act swiftly and start a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. The time limitations vary by state and claim type and they are often subject to special or limited exceptions. In New York, for example for instance, if you want to bring a lawsuit against injuries that result from a car crash the statutes of limitation are three years. The statute of limitations for civil actions involving negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help you determine the statute of limitation that applies to your case and ensure that the case is filed on time. A knowledgeable lawyer can review your case and recommend any possible extensions or waivers of the statute of limitations in your case. It is important to keep in mind that even if the time limit has passed, you may still be able to file additional claims for compensation related to your injuries, such as workers compensation or Social Security disability benefits. It is recommended to speak with an attorney as soon as you can about your situation, so they can inform you of the options that are available. In most cases, the statute of limitations begins to run from the date of the incident which caused your injury. However, in certain circumstances like exposure to harmful substances or medical negligence, the statute of limitations will not start to run until you realize or reasonably should have realized that your injury was the result of a negligent act. This is known as the discovery rule. There are also instances where the statute of limitations is “tolled” or suspended, but these cases are extremely specific and should be examined by a knowledgeable personal injury lawyer. The attorneys at Littman & Babiarz can assist you if you were injured as a result of the negligence of another. Contact us for a free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injuries. The legal term used to describe this is “damages.” There are two kinds of damages: general and special. General damages are designed to provide you with compensation for your losses like medical bills or lost wages, as well as discomfort and pain. Special damages may include funeral costs and emotional stress. If a loved one died because of another's reckless behavior you may also be entitled to damages for wrongful death. A court must establish four elements to find the responsible party liable for your injury that result from a breach of duty, causation, and damages. To establish the duty of a defendant to be legally bound to act responsibly in the particular situation. A failure to fulfill this obligation is referred to as negligence. The injury you sustained is directly caused by a breach of this obligation. The injury must have caused serious damage or caused serious harm to be able to claim damages. For example an accident in a car that caused a broken arm would have substantial medical expenses, and most likely a loss of wages. The injury was caused directly by the defendant's careless or reckless actions. A wrongful death claim might include funeral and burial expenses for your loved one as well as emotional distress that your family or you experienced. Non-financial damage is more difficult to calculate. Your attorney will employ a variety of methods to calculate the value of your suffering and pain. Keep a record of your pain levels throughout the day and how your injuries have affected your physical, mental and emotional health can aid in your claim for these damages. Many insurance companies 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 when the judge or jury finds the defendant's conduct to be particularly obscene. This type of compensation is usually granted in cases of drunk driving accidents, deliberate or malicious actions, and nursing home abuse. To receive these additional damages your lawyer must demonstrate that the defendant was acting with malice, willful or fraud, as well as oppression or with a lack of awareness of the consequences of their actions. Settlements How your case is ruled will determine the amount of compensation you will receive. If your claim goes to trial, a jury will decide how much they will award you for your injuries and losses. In a lot of cases, however, parties agree to settle outside of court. This lets them save the time and money of a trial. This allows victims to get their compensation sooner than the time they would have to wait for the trial to conclude. A personal injury settlement covers both economic and non-economic damages. The former covers costs such as medical expenses loss of wages, property damage. The latter include aspects like suffering and pain, as well as the loss of enjoyment of life. The process of determining a value for these damages is usually difficult however, an attorney can help determine what your injuries are worth. Typically an insurance company will typically offer a settlement before your case goes to trial. They will look over the evidence you've collected and determine how much they value your claim. You may need to send an offer letter, which is accompanied by your evidence and a request for an appropriate compensation amount. You will most likely receive a counter-offer from your insurer, which is usually less than what you asked for. Your attorney can then negotiate with the insurer to reach an equitable settlement for your injuries. If you have an appropriate legal claim, your settlement will generally cover medical expenses and other expenses out of pocket related to the accident. In certain instances, your settlement will also include a portion of the future treatment that your doctor estimates you'll require as a result of your injury. 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 and children who are suffering as a result of the death of a loved one due to an accident caused by another person's negligence. Punitive damages may be awarded in the event that the defendant is determined to have been negligent. This kind of compensation is designed to punish the defendant and discourage others from engaging in reckless conduct. Filing a Lawsuit Once someone has contacted a personal injury lawyer, they should begin to collect evidence of their losses. Documents such as medical records, police reports, and insurance policies could be included. Documentation of loss of income or property damage should also be included in a claim. If the parties are unable to reach an agreement and the plaintiff's lawyer is unable to reach an agreement, the lawyer of the plaintiff can bring a lawsuit against the defendant. The complaint will provide the claimant's version, describe the actions of the defendant and request for the amount of compensation. A summons is also issued and personally served on the defendant as a notice that they are being sued. The defendant then has an appropriate amount of time to reply. During this time each side will complete the discovery phase, where each side will investigate the other's claims and defenses. This can take a significant amount of time and will likely require a significant amount of documentation. A lawyer can assist in preparing for trial by arranging expert witnesses and gathering evidence. They can also assist in calculating damages. They can also demand a fair settlement from the insurance company. The insurance company could accept, reject or counter-offer the offer. It is essential to hire an experienced lawyer who can protect your rights and maximize your payout. A good lawyer will be able to look through all the evidence to ensure that your losses are being compensated. They can also assist you to eliminate unnecessary expenses and keep track of the amount you're entitled to. New York law allows for every person to be compensated for their part of the responsibility if more than one party is accountable for an accident. A knowledgeable lawyer can also assist with claims for workers' compensation. Some personal injury cases require the assistance of experts in areas such as economics, medicine and engineering. Your lawyer can assist you in locating an expert who will be able to provide evidence to help your case. Depending on the facts of the case, it could be decided outside of court or at trial.