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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. In order to receive the full amount of damages, it's important to keep track of your losses meticulously. Keep an eye on all medical expenses and out-of expenses out of pocket. Economic damages include the costs of your past and future medical expenses as well as lost wages. It also covers the pain and suffering you endured as well as the loss of companionship. Statute of limitations If you have been injured by a negligent action or negligence, it is important to act swiftly and file a personal injury lawsuit before the statute of limitations expires. Statutes of limitation are legal time limits that protect the parties from unnecessary litigation. They prevent claims from being filed after the deadline. These limitations are different for each state and type of claim and they are often restricted to certain or specific exceptions. In New York, for example for instance, if you want to file a lawsuit relating to injuries caused by a car accident the statute of limitations are three years. The statute of limitations for civil actions that involve negligence is two years. This includes medical negligence, product liability and wrongful deaths. A lawyer can help determine the statute of limitations that applies to your case and ensure that it is filed on time. An experienced lawyer can review your case to determine if there are extensions or waivers that might be available. It is important to keep in mind that even when the statute of limitations has expired however, you may be able to make claims for compensation that relate to your injuries, like 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 the various options available. In the majority of cases, the statute of limitations begins to run from the date of the incident which caused your injury. However, in some situations such as exposure to harmful substances or medical malpractice the statute of limitations does not begin to run until you have realized or should have known that your injury was caused by the negligent act. This is referred to as the discovery rule. There are rare circumstances where the statute of limitations is “tolled” or suspended. These situations are highly factual and require a knowledgeable personal injury attorney to analyze. Our lawyers at Littman & Babarz can assist you if have been injured due to another person's wrongful behavior. Contact us today to schedule your free consultation. Damages The goal of a personal injury claim is to get financial compensation from the party responsible for your injuries. Damages are the legal term used to describe this. There are two types of damages, general and special. General damages are intended to compensate you for costs resulting from your injury, such as medical bills, lost income and suffering and pain. Special damages could include funeral costs and emotional stress. If Sunnyvale injury lawyer loved one passed away because of reckless behavior by another, you may be able recover damages for wrongful death. A court must establish four factors to determine who is responsible for your injury that result from a breach of duty, causation and damages. To establish the duty the defendant must be under an obligation under law to act responsibly in a specific situation. Negligence is the failure to meet this obligation. A breach of this obligation is a direct cause for the injury you suffered. To qualify for damages, the injury must have caused severe harm or caused significant damage. A car accident that causes an injured hand could result in significant medical expenses and most likely loss of income. The injury was caused directly due to the defendant's negligence or reckless actions. The wrongful death claim may include funeral and burial expenses for your loved one, as well as emotional stress you or your family have suffered. Non-financial damages are more difficult to determine. Your attorney will use different methods to determine the worth of your pain. Keep a record of your daily pain levels and how the injuries affected your physical, mental and emotional well-being could aid in proving your claim for these damages. Insurance companies tend to undervalue the damages of their clients to avoid paying higher settlements. In some cases the attorney may pursue punitive damages, which are designed to punish the responsible party. These damages are only granted when the judge or jury finds the defendant's conduct to be particularly outrageous. These kinds of compensation are usually awarded in instances of drunk driving accidents, intentional or malicious actions, or nursing facility abuse. To be eligible for these additional damages, you need to prove to your lawyer that the defendant's actions were motivated by malice, willfulness, or oppression or a conscious indifference to the consequences of their actions. Settlements The way your case is resolved will determine the amount of compensation you will receive. If your claim goes to trial, a jury will decide what they will pay you for your losses and injuries. In a lot of cases parties, however, they agree to settle their claims outside of the courtroom. They can avoid the time and cost of a court trial. Additionally, it allows victims to collect their compensation earlier than have if they waited for the trial process to be completed. A personal injury settlement includes both economic and non-economic damages. The former includes costs such as medical expenses, lost wages and property damage. The latter covers aspects such as pain, suffering and loss of enjoyment your life. It can be difficult to quantify the value on these losses, but an experienced attorney can help you determine the value of your injuries. Typically an insurance company will offer an agreement before your case goes to trial. They will review the evidence you've gathered and determine how much they value your claim. You may be required to submit an order letter, together with evidence and a request for a suitable amount of compensation. You will most likely receive a counter-offer from your insurance company, which is usually lower than the amount you requested. Your lawyer can negotiate with the insurance company to negotiate an acceptable settlement for your injuries. If you have a valid claim the settlement will cover the cost of your medical treatment and other expenses out of pocket related to the accident. In some instances, your settlement may also include compensation for any future treatment that your doctor believes 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 kind of compensation is typically granted to children or spouses who have suffered due to the death of a loved ones as a result of an accident that was caused by negligence of someone else's. You may also receive punitive damages if the defendant was found to be especially negligent. This kind of compensation is intended to penalize the defendant and discourage others from engaging in reckless conduct. Filing an action After making contact with an attorney for personal injuries, a person should begin collecting documentation of their losses. Documents like medical records, police reports and insurance policies could be included. Documentation of lost income or property damage must be included in a claim. If the parties cannot reach an agreement the attorney for the plaintiff may start a lawsuit against the defendant. The complaint will detail the claimant's account of the events, explain how the actions of the defendant harmed them, and seek relief in the form of financial compensation. A summons will also be filed and personally served to 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 the parties will go through the discovery process where they examine the defenses and claims of the other. This could take a considerable amount of time and likely involve a lot of documentation. A lawyer can aid in making preparations for trial by organizing expert witnesses and gathering evidence. They can also to assist in calculating damages. They may also be able to demand a fair settlement from the insurance company. The insurance company can accept the offer, reject it, or offer a counteroffer. It is vital to have an attorney who is knowledgeable of the law to protect your rights and maximize recovery. An experienced lawyer will comb through all of the available evidence to verify that you are compensated for each loss. They can also help you eliminate unnecessary expenses and help you to keep track of all the money you are entitled to receive. New York law allows for each person to be compensated for their share of the responsibility in cases where more than one person is responsible for an accident. A knowledgeable attorney can assist in workers compensation cases. Some personal injury cases require the involvement of experts in areas such as medicine, economics and engineering. Your lawyer will assist you in selecting experts who can provide testimony to help your case. Based on the circumstances, certain cases may be tried in court, while others will settle out of the court.