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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 important to document your losses carefully. Keep an eye on all medical expenses and out-of pocket costs. Economic damages are the cost of 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 someone else's negligence or wrongful act, you should begin a lawsuit as quickly as possible. Statutes of limitation are legal time restrictions which protect parties against unnecessary litigation. They prevent claims from being filed after the deadline. These time limits can vary according to the state and claim type and are typically subject to special or limited exemptions. For instance in New York, if you would like to bring a lawsuit for injuries caused by an auto accident, the statute of limitations for these kinds of cases is three years. For other civil actions involving 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 statute of limitation that applies to your case and ensure that the case is filed in time. An experienced lawyer will examine your case and suggest any possible extensions or waivers of the statute of limitations that apply. It is important to keep in mind that even the statute of limitations has expired however, you may be able to file additional claims for compensation relating to your injuries, including workers' compensation or Social Security disability benefits. It is recommended to speak with an attorney as early as you can regarding your situation, so they can provide you with all the options available. In most instances, your statute of limitations starts to begin running from the date of the incident that caused you injury. In some instances, like exposure to toxic substances or medical malpractice the limitation period is not established until you are aware, or reasonably would have known that your injury is caused by a negligent act. This is referred to as the discovery rule. There are a few rare instances where the statute of limitations is “tolled”, or suspended. These situations are highly factual and require a knowledgeable personal injury lawyer to evaluate. If you have been hurt by someone else's reckless behavior, the lawyers at Littman & Babiarz can help. Contact us today to set up your free consultation. Damages The purpose of a personal injury lawsuit is to obtain financial compensation from the person accountable for your injury. Damages are the legal term used to describe this. There are two kinds of damages, general and special. General damages are designed to pay for the losses you have suffered like medical bills, lost wages, and pain and discomfort. Funeral costs and emotional distress can be incorporated into special damages. If Oceanside injury lawsuit loved one has died due to the reckless conduct of another you may also be entitled to damages for the wrongful death. To hold the party responsible accountable for your injuries, a court must establish four elements that include breach, duty, damages and causation. To establish a duty, the defendant must have a legal obligation to behave responsibly in a particular situation. Failure to meet this obligation is referred to as negligence. A breach of this duty is a direct cause for the injury you suffered. To be able to claim damages the injury must have caused serious damage or injury. For instance, a car accident that caused a broken arm would result in significant medical costs and likely an interruption in wages. The injury was directly caused by the defendant's careless or reckless actions. A claim for wrongful death could be a result of the funeral and burial expenses for your loved one, as well as the emotional pain that your family or you experienced. The non-financial damages are more difficult to calculate. Your attorney will employ a variety of methods to calculate the worth of your suffering and pain. Keeping a journal of your pain levels throughout the day and how the injuries have affected your physical, mental and emotional health can aid in your claim for these damages. Insurance companies often 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. These types of compensation are typically awarded in the case of drunk driving accidents, malicious or deliberate acts, and nursing facility abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant acted with malice, willfulness, or oppression or an avowed disregard for the consequences of their actions. Settlements The amount you receive for your injuries will depend on how your case will be resolved. If your claim is tried, a jury will determine the amount you're awarded for your injuries and losses. In many cases, the parties will agree to settle out of court. They are able to avoid the lengthy and cost of the court trial. This also allows victims to receive their compensation earlier than should they wait for the trial to complete. A personal injury settlement covers both economic and non-economic damages. The former include expenses like medical expenses, lost wages and property damage. The latter includes aspects such as suffering, pain, and loss of enjoyment of your life. It can be difficult to determine a dollar amount on these losses, but an experienced lawyer can help you determine the worth of your injuries. Insurance companies will usually offer a settlement to settle your case before it goes to trial. They will look over the evidence you've gathered and determine what they feel your claim is worth. You may have to send an official demand letter that includes your evidence and an offer for a suitable compensation amount. The insurer will likely make a counter-offer that is typically lower than the amount you request. Your lawyer can negotiate a fair settlement with the insurer. If you have an appropriate legal claim, your settlement will typically cover medical expenses as well as other out-of-pocket expenses due to the accident. In some cases, your settlement will also include a portion of the future treatment that your doctor predicts 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 usually given to children or spouses who suffered as a result of the death of their loved ones as a result of an accident caused by negligence of someone else's. You could also be awarded punitive damages if the defendant was found to be especially negligent. This kind of payment is designed to punish the defendant and discourage others from engaging in similar reckless actions. Filing an action Once a person has contacted a personal injury lawyer and has been advised to gather documentation of their losses. Documents like medical records, police reports, and insurance policies can be included. Documentation of loss of income or property damage should be included in the claim. If the parties are unable to reach a settlement, the plaintiff's attorney may start an action against the defendant. The complaint will outline the claimant's version, describe the defendant's actions and ask for an amount of money. A summons will also be filed and personally served to the defendant as a notice that they are being sued. The defendant is then given the time to reply. During this time each side will complete the discovery phase where each party investigates the defenses and claims of the other. This can be a lengthy process that may require lots of documents. A lawyer can help in preparing for trial by arranging expert witnesses and gathering evidence. They will also be able to assist in the calculation of damages. They can also demand an appropriate settlement from the insurance company. The insurance company could accept, reject or counteroffer the offer. It is essential to hire a knowledgeable lawyer to protect your rights and maximize your compensation. A good lawyer will be able to look through all the evidence to verify that your losses are compensated. They can also help you eliminate unnecessary expenses and assist you to keep track of the amount you are entitled to receive. New York law allows for everyone to be compensated for their part of the responsibility if more than one party is accountable for an accident. A skilled attorney can also assist with workers claims for compensation. Certain personal injury cases could require the assistance of experts in fields like economics, medicine, or engineering. Your lawyer will help you select an expert who will be able to provide evidence to help your case. Based on the circumstances, some cases might go to trial while others will settle out of court.